Chap. 120.—An ACT to amend and re-enact Section 5 of Chapter 483 of the Acts
of Assembly of 1922, approved March 27, 1922, which chapter provided for the
appointment, in the counties and in certain cities, of special justices to be known
as judges of juvenile and domestic relations courts and prescribed their juris-
diction, powers, duties and compensation, Section 5 relating to powers and
jurisdiction of such special justices. [H B 42]

Approved March 7, 1946

Be it enacted by the General Assembly of Virginia:

1. That section five of chapter four hundred eighty-three of the
Acts of Assembly of nineteen hundred twenty-two, approved March
twenty-seven, nineteen hundred twenty-two, be amended and re-enacted,
as follows:

Section 5. Jurisdiction, powers and duties of such special justices.
—The special justices appointed under the provisions of this act shall be
conservators of the peace within the corporate limits of the cities or
boundaries of the counties for which they are respectively appointed and
in the case of cities within one mile beyond the corporate limits of such
cities ; and, except as hereinafter limited, the special justices of said cities
shall have, within the corporate limits of their said’cities, exclusive origi-
nal jurisdiction, and, within the territory within one mile beyond said
corporate limits, concurrent jurisdiction with the special justices of the
adjoining county or counties; and the special justices of said counties
shall have within the boundaries of their respective counties exclusive
original jurisdiction, except as to that territory in which the special
Justices of cities have concurrent jurisdiction, over all cases, matters and
proceedings involving :

(1) The disposition, custody or control of delinquent, dependent
and neglected children ; :

(2) The enforcement of any law, regulation or ordinance for the
education, protection or care of children;

(3) The prosecution and punishment of persons charged with
illtreatment, abuse, abandonment or neglect of children, or with contrib-
uting to their delinquency or dependency, or neglect in any manner, or
with any other offense against children under the age of eighteen years
except murder and manslaughter; provided, however, that in prosecu-
tions for felonies other than murder and manslaughter and rape, the
jurisdiction of said special justice shall be limited to that of an examin-
ing magistrate ;

(4) All offenses, except murder and manslaughter and rape, com-
mitted by one member of a family against another member of said family,
and the trial of all criminal warrants in which one member of a family is
complainant against another member of said family; provided, however,
that in prosecutions for felonies other than murder and manslaughter and
rape the jurisdiction of said special justice shall be limited to that of an
examining magistrate. The word “family” as used herein shall be con-
strued to include husband and wife, parent and child, brother and sister,
grandparent and grandchild ;

(5) The prosecution and punishment of persons, male or female,
who knowingly contribute in any way to the disruption of marital rela-
tions or of a home;

(6) Those cases in which the condition or situation of the child is
alleged to be such that its welfare demands adjudication as to its dis-
position, control and custody, such jurisdiction shall be concurrent with,
and not exclusive of courts having equity jurisdiction.

Said special justice shall, in all cases, possess the jurisdiction and
exercise all the powers conferred upon justices of the peace and police
justices by the laws of this State, and he shall have such other powers and
jurisdictions as may be lawfully conferred upon him. He shall have the
same powers with respect to the amendment or issuance of warrants as
are conferred on courts and judges by the provisions of section forty-
nine hundred eighty-nine of the Code of Virginia.

This act shall be construed liberally and as remedial in character ;
and the powers hereby conferred are intended to be general to effect the
beneficial purposes herein set forth. It is the intention of this act that in
all proceedings concerning the disposition, custody or control of children
coming within the provisions hereof, the court shall proceed upon the
theory that the welfare of the child is the paramount concern of the State
and to the end that this humane purpose may be attained, said justices
shall possess all necessary and incidental powers and authority, whether
legal or equitable in their nature.

From the hearing or trial of all cases, matters or proceedings under
the provisions of this chapter, there shall be excluded all persons, except
officers of the court, attorneys and witnesses in the case, and the ac-
cused, his relatives or his guardian or custodian. Any hearing or trial
may be had in chambers.