Chap. 384.—An ACT to prescribe the compensation of clerks of courts, and city
sergeants, in cities of this Commonwealth having a population of over sixty-
five thousand and not exceeding one hundred thousand inhabitants, according
to the last preceding United States census; to provide for the payment of such
compensation and the expenses of office of such officers; to impose certain duties
on the State Compensation Board; to provide for the appointment and com-
pensation of jailors in such cities; to prescribe the powers and duties of such
jailor, and to confer certain powers on the city manager in such cities in relation
to the jail and jailor; and to repeal chapter 302 of the Acts of the General Assem-
bly of 1932, approved March 24, 1932, and all other acts and parts of acts in-
consistent herewith to the extent of such inconsistency. [HB 355]

Approved April 1, 1940

1. Beit enacted by the General Assembly of Virginia as follows:

Section 1. In each city of this Commonwealth having a population
of over sixty-five thousand and not exceeding one hundred thousand
inhabitants, according to the last preceding United States census, the
clerk of courts and the city sergeant shall each be paid a salary at the
rate of seven thousand dollars per annum. |

Said salary shall be in full compensation for services and shall be in
lieu of the retention by any such officer of any and all official fees and
commissions of whatever kind or character, and from whatever source
derived; and the city council of each such city shall provide for the
payment of such salary out of the city treasury in equal monthly
instalments. The expenses of office of each such officer, including the
compensation of deputies and employees, shall be likewise paid to
each such officer out of the city treasury on duly authenticated vouchers,
when and as such expenses are incurred, or may become due and pay-
able, or at least monthly. The maximum amount of such expenses in
the case of each such officer shall be fixed by the State Compensation
Board, and the State Compensation Board shall fix the number and
compensation of the deputies and employees of each such officer.

Section 2. All fees and commissions of every kind or character
received or collected by each of the officers mentioned in the preceding
section of this act, and from whatever source derived, shall be paid
into the city treasury by each of such officers monthly. All fees and
commissions of every kind and character, whether payable by the
State, the United States, or by private persons, firms or corporations,
now or hereafter made receivable by law or ordinance by any such
officer as is mentioned in the preceding section of this act, shall con-
tinue to be paid to and collected by him, and shall be paid into the
city treasury monthly, except that the city aforesaid shall not be
required to pay any such officer any fees or commissions for services
performed for such city.

Section 3. In every such city as is mentioned in this act, the
sergeant of the city shall have general supervision of the jail, and shall
purchase all food and other supplies and all equipment necessary for
the jail, the cost whereof shall be paid out of the city treasury. The
said sergeant shall be paid by the State and the United States the
same fees in connection with prisoners as the city sergeant would
receive, had this act not been passed, which fees shall be paid into the
city treasury.

The city manager of such city shall appoint such number of jailors
(not less than three), as may be necessary for the conduct of such
jail, whose salaries shall be fixed by the council of such city, and paid
out of the city treasury. Said jailors shall be employed by, and hold
their positions at the pleasure of the city manager, and the city sergeant
shall not be liable, civilly or criminally, for any act of said jailors,
either of omission or commission.

Such jailors shall have the same duties and powers concerning the
custody, care and control of prisoners as are imposed upon or pos-
sessed by sheriffs and sergeants under general law and shall be obedient
to the order of the courts to the same extent as sheriffs and sergeants.

2. Be it further enacted by the General Assembly of Virginia,
That chapter three hundred and two of the Acts of the General
Assembly of nineteen hundred and thirty-two, approved March
twenty-fourth, nineteen hundred and thirty-two, be, and the same is
hereby repealed, and all other acts or parts of acts inconsistent with
this act are hereby repealed to the extent of such inconsistency.