Chap. 87.—An ACT to amend and re-enact Section 3102 of the Code of Virginia,
as heretofore amended, in relation to civil and police justices, civil justices and
judges of municipal courts, so as to provide for the payment of certain taxes
and costs in removals. [H B 51]

Approved February 29, 1936

1. Be it enacted by the General Assembly of Virginia, That section
thirty-one hundred and two of the Code of Virginia, as heretofore
amended, be amended and re-enacted so as to read as follows:

Section 3102. Jurisdiction; removals——The jurisdiction of the
civil and police justice shall be as follows:

(a) The civil and police justice shall be a conservator of the peace
within the corporate limits of the city for which he is elected, and for
one mile beyond the corporate limits of such city, and within such
limits shall have exclusive original jurisdiction for the trial of all of-
fenses against the ordinances of said city, and shall have concurrent
jurisdiction with the corporation court of said city in all cases of vio-
lations of the revenue and elections laws of the State, except chapter
one hundred and eighty-four, and all offenses arising under the pro-
visions of chapter one hundred and eighty-five, of sections forty-five
hundred and seventy-two, forty-five hundred and seventy-three and
forty-five hundred and seventy-four, and, except when it is otherwise
specially provided, shall have exclusive original jurisdiction for the
trial of all other misdemeanor cases occurring within his jurisdiction.

(b) The said civil and police justice shall have exclusive jurisdic-
tion in all civil matters cognizable by justices of the peace for the
counties, and shall, in addition thereto, have concurrent jurisdiction
with the circuit and city courts of general jurisdiction of any claim to
damages for any injury done to the person, which would be recoverable
by action at law, if such claims do not exceed three hundred dollars.
No other justice of the peace in such city shall hereafter exercise such
jurisdiction as is herein conferred on said civil and police justice, ex-
cept as provided in this chapter.

(c) The said civil and police justice shall also have jurisdiction to
try and decide attachment cases where the amount of the plaintiff's
claim does not exceed the general jurisdiction of said civil and police
as

justice, and the proceedings on any such attachment shall conform to
the provisions of chapter two hundred and sixty-nine of the Code of
nineteen hundred and nineteen; save when an attachment other than
under section sixty-four hundred and sixteen, is returned executed and
the defendant has not been served with a copy thereof, the said civil
and police justice, upon affidavit in conformity with sections six thou-
sand and sixty-nine and six thousand and seventy of the Code of nine-
teen hundred and nineteen, shall forthwith cause to be posted at the
front door of his courtroom a copy of the said attachment, and shall
hle a certificate of the fact with the papers in the case, and in addition
to the said posting, the plaintiff, in the said attachment, or his attorney,
shall give to the clerk of the said civil and police justice the last known
address or abode of the said defendant, verified by affidavit, and the
said clerk shall forthwith mail a copy of the said attachment to the said
defendant, at his, or her, last known address, or place of abode; or if
said defendant be a corporation, at its last known address, and the
mailing of the said copy, as aforesaid, shall be certified by the said
clerk in writing, and such certificate shall be filed with the papers in
the case, and after the said copy of the attachment has been so posted
and mailed, as aforesaid, for fifteen days, the said civil and police
justice may proceed to try and decide the said attachment.

(d) The said civil and police justice, and the judge of the municipal
court in any city which has such a judge under its charter, shall have
concurrent jurisdiction with the circuit and city courts of general
jurisdiction in actions at law, except for the recovery of a fine, where
the amount in controversy does not exceed one thousand dollars, ex-
clusive of interest and costs; provided, however, that where the amount
in controversy exceeds of sum of three hundred dollars, exclusive of
interest and costs, the justice or judge shall, at any time within ten
days after return date of process, provided that judgment has not been
rendered, but not thereafter, upon the application of the defendant,
and the filing by him of an affidavit of himself, his agent or attorney
that he has a substantial defense to the plaintiff’s claim, and upon the
payment by him of the costs accrued to the time of removal, remove
the case, and all the papers thereof, to a court having jurisdiction of
appeals from said justice or judge of the city wherein the warrant has
been brought.

The plaintiff shall, within thirty days from the date of such re-
moval, pay to the clerk of the court to which the case has been re-
moved the amount of the writ tax as fixed by law, and four dollars on
account of costs in said court, and in the event of his failure so to do,
the case shall stand dismissed. On the trial of the case the proceedings
shall conform to proceedings under section six thousand and forty-six
of the Code of Virginia as now or hereafter amended.