Chap. 143.—An ACT to amend an act entitled ‘‘An act to incorporate the town of
Franklin, Southampton county”, approved March 15, 1876, as heretofore
amended, by adding thereto a new section to be designated as Section 20, pro-
viding for the appointment of a civil and police justice for said town, prescribing
his powers and duties, providing for his compensation, and providing for the
appointment of a substitute civil and police justice. [HB 141]

Approved March 6, 1940

1. Be it enacted by the General Assembly of Virginia, That an
act entitled “‘An act to incorporate the town of Franklin, South-
ampton County,” approved March fifteenth, eighteen hundred and
seventy-six, as heretofore amended, be amended by adding thereto a
new section to be designated as Section twenty, and to read as follows:

Section 20. The council, or governing body, of the town of
Franklin may appoint a civil and police justice for said town, whose
term of office shall be two years from the date of his appointment,
and whose powers, duties, authority and jurisdiction shall be as
hereinafter provided for. Any such appointee shall serve for the
said term of two years, and thereafter until his successor shall be
appointed and qualified. The mayor, or any other qualified voter of
the town, whom the council, or governing body, may deem qualified,
may be appointed as such civil and police justice. In the event of
the mayor being appointed as such civil and police justice, he shall
discharge the duties pertaining to the office of civil and police justice,
in his capacity as civil and police justice, and not as mayor, and he
shall receive the salary provided for him by the council, or governing
body, for his services as mayor, and also such salary, if any, as may
be provided for him by the council, or governing body, for his services
as civil and police justice. Said civil and police justice is hereby
vested with all the power, authority, and jurisdiction, and charged
with all the duties within, and for, the town of Franklin, which are,
or may hereafter be, conferred or imposed upon trial justices, juvenile
and domestic relations courts by the laws of the State of Virginia, sc
far as the same may be applicable and not in conflict with the pro
visions of this section; and any amendments of the laws governing
or relating to trial justices and juvenile and domestic relations courts
or either, of this State shall be considered as amendments, also, o
this section, if the same are applicable hereto.

Fees and costs shall be assessed by the civil and police justice anc
shall be collected as provided by the laws of the State of Virginia.
relating to trial justices and juvenile and domestic relations court
as the same shall now be, or as hereafter amended. All fees and cost:
collected by the said civil and police justice and all fines collected
for violations of all laws and ordinances of the town shall be paid
into the town treasury for the use and benefit of the town.

Removals may be had, and appeals from the decisions of the civil
and police justice may be taken, to the Circuit Court of Southampton
County in the same manner, upon the same terms and shall be tried
in the same way as removals, or as appeals from the decision of trial
justices or juvenile or domestic relations courts, as the case may be,
are provided to be taken and tried by the laws of the State of Virginia,
relating to trial justices and juvenile and domestic relations courts
as the same shall now be or as hereafter amended.

The council, or governing body, may also appoint such clerk or
clerks as may in its discretion be necessary, provide for just com-
pensation therefor, and provide necessary records.

The council, or governing body, shall provide a salary to com-
pensate such civil and police justice in such amount and payable at
such times as it shall deem proper, and may provide also for a vaca-
tion period, either with or without pay, and for such duration as in
its judgment may be proper.

Like provisions may be made for a substitute civil and police
justice, and when such substitute acts, he shall receive the compensa-
tion which would have been paid his principal if he had acted, and
which compensation shall be deducted from the salary or allowance
made to the principal.

Nothing contained herein shall prevent the town of Franklin from
combining with the county of Southampton for the use of one trial
justice and one substitute trial justice for such combined town and
county, in such manner as may be provided by the laws of the State
of Virginia relating to trial justices and if the town of Franklin and
county of Southampton shall at any time combine for the use of one
trial justice and one substitute trial justice for the said town and the
said county, the laws of the State of Virginia relating to trial justices,
so far as applicable, shall control and not this section; provided, how-
ever, that the combination of the said town with the said county for
the use of one trial justice and one substitute trial justice shall not
prevent the council, or governing body, if at any time thereafter it
shall desire so to do, from withdrawing the town of Franklin from
such combination, by a vote of the council, or governing body, and
appointing a civil and police justice and substitute civil and police
justice for the town of Franklin under the provisions of this section,
1otwithstanding anything in the trial justice laws of Virginia to the
contrary; and likewise nothing herein contained shall prevent the
own, after withdrawing from such combination, from again adopting
-he combination with the county.

The powers and jurisdiction provided for in this section, as to
natters other than those pertaining or relating to violations of ordi-
ances of the town may be exercised only to the extent permitted by
zeneral law.

2. An emergency existing, this act shall be in force from its
passage.