Chap. 376.—An ACT to amend and re-enact Sections 5, 12, 19, 30, 31, 32, 33,
33-a, 34, 35, 41, 42 and 65 of Chapter 382 of the Acts of Assembly of 1934,
approved March 29, 1934, which chapter provided a new charter for the City
of Hopewell, said sections relating to the planning and park commissions, city
council, and various city officers and their duties and compensation. [H B 412]

Approved March 28, 1946

Be it enacted by the General Assembly of Virginia: >

1. That sections five, twelve, nineteen, thirty, thirty-one, thirty-
two, thirty-three, thirty-three-a, thirty-four, thirty-five, forty-one, forty-
two and sixty-five of chapter three hundred eighty-two of the Acts of As-
sembly of nineteen hundred thirty-four, approved March twenty-nine,
nineteen hundred thirty-four, be amended and re-enacted, as follows:

Section 5. Creation and powers of city planning and park commis-
sion—(1) The said city is hereby authorized and empowered to create,
maintain and control a city planning and park commission with such
powers, rights and duties as may be hereinafter specified, together with
such powers and duties as legally or properly emanate therefrom; to
create, maintain and control a system of public parks and playgrounds
within or without the corporate limits thereof or adjacent thereto; to
make and form a city plan for said city and to carry out the same, and for
such purposes to acquire and hold property and real estate by purchase,
gift, or devise, and to condemn private property for park purposes or in
the due execution of its city plan to open and maintain streets or high-
ways; to use all proper and necessary police powers in the maintenance,
government, and control of said parks, property and streets; to make ap-
propriations for their establishment, maintenance and control and to enact
such other ordinances, consistent with the provisions of this act, as may
be necessary for the creation, regulation and control of such public parks,
streets and highways and the carrying out and due execution of any city
plan heretofore or which may be hereafter made and adopted by it.

(2) Said city is hereby authorized and empowered to create and
form a board or commission, the name and style of which shall be “city
planning and park commission”, with the following powers, rights and
duties:

To be composed of five members, who shall have been residents of
said city for a period of not less than one year prior to election as mem-
bers of said commission and who shall serve without any compensation
or salary; three of whom shall constitute a quorum for the transaction
of any and all business of said commission. The term of office of each
member shall be for a period of five years and until a successor shall have
been elected and qualified.

(3) The terms of the members of the first commission shall be as
follows: One member for one year; one member for two years, one mem-
ber for three years, one member for four years, one member for five years,
to be determined by lot among themselves; the members of the first com-
mission or board to be elected by a majority vote of the whole member-
ship of the council. Any vacancy thereafter occurring in said commis-
sion by expiration of term of office or for any other reason, shall be filled
by the remaining members of the commission, subject to the approval
of a majority of the whole membership of the council.

Any vacancy occurring except by expiration of the term of office
shall be filled only for the unexpired term. Each member shall qualify
by taking the oath of office and executing a bond, if required by the coun-
cil, conditioned upon the faithful performance of his duties, in such sum
as may be fixed by the council to be approved by the city attorney and
deposited with the clerk of the council. The cost of said bonds to be paid
out of any funds to the credit of said commission with the city treasurer.

(4) The members of said commission shall immediately, upon their
election and qualification, organize by selecting one of their members as
chairman, and by the election of a secretary, who need not be a member
of the commission. The term of office of the chairman shall be for one
year and that of the secretary shall be at the will of the commission, but
they may be re-elected to any number of successive terms. The salary of
the secretary, if any, shall be fixed by said commission and his duties pre-
scribed by it.

(5) Said commission shall, to the extent of its ability, promote and
aid the council, its officials, and subordinates in the carrying out and
execution of the “city plan’”’ heretofore recommended by, “Morris
Knowles, Incorporated”, regarding the growth and development of the
City of Hopewell, formally accepted and approved by the council of the
City of Hopewell on the twenty-eighth day of May, nineteen hundred
twenty-nine, or in any change or modification thereof. In furtherance
of such work and as an advisor and aid to said commission, the city en-
gineer is made ex-officio a member of said commission.

(6) The council may refer to said commission any major projects
or plans under consideration by it in the execution of said “city plan” for
further careful study and survey. Said commission, after proper con-
sideration thereof, to make report to the council its findings and conclu-
sions, together with any recommendations it may deem advisable. Said
council may likewise, if it wishes so to do, refer to said commission for
its consideration and report thereon, any changes or amendments sought
to be made in its zoning ordinances.

In turn said commission may consider subdivision plats of ground
offered as future additions to the said city and amend, reject or approve
same as such.

Said commission, subject to the approval and adoption by the coun-
cil, may lay out and project new streets for traffic and for the convenience
of the public, but not in interference or departure from the intent and
purpose of the city plan heretofore adopted.

(7) Said commission shall have general superintendence and con-
trol over any park or parks that may be at any time acquired by or on
behalf of said city. It shall be authorized to recommend to the council
to establish one or more parks in such locality or localities as in its discre-
tion it may deem best, for the interests of the residents of said city, and
whenever, in its opinion, any property within, adjoining or near said city
needed for park purposes and the same cannot be acquired by donations,
er purchase, said commission may then recommend the same be acquired
by condemnation proceedings in the name of the City of Hopewell, under
and in accordance with such statutes and laws as are, or may be made
and provided by the State of Virginia in such cases under the power of
eminent domain.

_ The said commission is authorized and empowered, by aid with the
consent of the council, to sell any portion or any part of the land so pur-
chased and not needed for park purposes, and apply the proceeds from
any property so sold toward the payment of any debt due on said property
until all indebtedness thereon is fully extinguished.

The title to all property acquired for park purposes by gift, devise
or condemnation shall vest in the City of Hopewell.

(8) Said commission shall have the care, management, and custody
of all parks and grounds used for park purposes. It may receive gifts,
donations or devises of personal or other property or lands for park pur-
poses; may lay out and improve walks, drives, roads, lakes, or swimming
pools, plant trees, construct ornamental or other buildings of a neces-
sary or suitable character and make such other improvements as it may
deem advisable and desirable for park purposes and uses.

(9) It is empowered to enforce ordinances, rules and regulations
for the protection of all property and improvements belonging to or per-
taining to the park or parks under its control and to protect the same
from injury; likewise to prevent disorder and improper conduct within
the precincts of the parks.

(10) The police power of the City of Hopewell is hereby extended
over the parks, both within and adjacent to the city, that may be ac-
quired, and all violations of such ordinances, rules and regulations may
be enforced by the police department of the city or any member thereof
and may be punished as are all other misdemeanors and offenses against
the city by the police justice of said city. Such violations may be pun-
ished by a fine not exceeding fifty dollars ($50.00) and in default of pay-
ment of the fine the offender or delinquent may be sentenced to confine-
ment in the city jail for a period not exceeding three months.

(11) The commission, in association with the city manager, shall
have power to employ and maintain park police for the maintenance of
order and the preservation of park property, who shall have authority
to make arrests for misdemeanors committed within any park and for the
violation of park rules and regulations.

(12) The commission shall have authority to make any expendi-
ture for park and city planning purposes within its funds and its powers
as herein defined, but no further, or otherwise. Subject to the concur-
rence and approval of the city manager said commission shall have pow-
er to employ and pay superintendents, employees and other persons as it
may deem necessary for maintaining, improving, and controlling said

arks.
P Said commission shall keep accurate records, books of account and
shall make a report to the council on or before the first of December of
each year, or at such other time as may be designated by said council,
showing the amount received, from what sources, and how expended,
with such explanations and recommendations as may be deemed to be
for the best interest of the public parks and for carrying out the city plan.
Such books shall be open to inspection and examination by any ac-
countant or auditor selected by the city manager or council for that pur-
pose, and at any time by the city manager or any member of the council.

(13) The commission, in conjunction with the city manager, shall,
each year prior to the making of the annual levy of taxes by the council,
prepare and submit to said council an estimate of the amount of money
which will be required for the purchase, maintenance, control and im-
provement of park property for the succeeding fiscal year which esti-
mated budget shall set forth the item of expense as accurately as possible.

The city is hereby empowered in its discretion in its annual levy of
taxes to make sttch special levy for park and city planning purposes
separate and distinct from its levy for other and ordinary municipal pur-
poses, a tax of not more than ten cents ($.10) on the one hundred dollars
assessed value of real estate within the city, as shall be necessary to meet
the expenditures contemplated in said estimate of the commission.

The amount so levied shall be collected by the city treasurer and
carried to the credit of the commission and shall not be diverted therefrom
and the same shall be and remain, a separate and distinct park and city
planning fund in the hands of the city treasurer.

All expenditures on account of this fund shall be made upon vouch-
ers, and approved by the commission through its chairman and secretary,
which vouchers shall, when accompanied by detailed statements of such
expenditure, be payable on presentation to the treasurer of the city.

All funds arising from any concession or source of operation which
are to be devoted to, or used for the purchase, maintenance and better-
ment of public parks under or controlled by the City of Hopewell shall
be paid from time to time to the city treasurer and a separate account
kept thereof and said commission shall from time to time be authorized
by council to order payments from same which shall be made therefrom
so long as there is a balance to the credit of the account of the said com-
mission.

(14) There is hereby created a Commission to be known as the
Public Recreation and Parks Commission of the City of Hopewell, said
Commission to be composed of five members, who shall be citizens and
residents of the city. The term of office of each member shall be for a
period of five years, and until a successor shall have been elected and
qualified, except that the first members of the Commission shall be elected
by the council for periods of one, two, three, four and five years, respec-
tively, by lot, and one member shall be elected each year thereafter for a
term of five years. The members of the Commission shall immediately
organize and shall elect annually from their own members a presiding
officer and other necessary officers to serve for one year, and shall elect
a secretary who need not be a member of the Commission, and whose
tenure shall be at the will of the Commission. The Commission shall
have power to adopt rules of procedure for the conduct of all business
within its jurisdiction.

The Commission shall promote and supervise the public recrea-
tion facilities and parks for the city, within and without its corporate
limits. In the furtherance of its duties the Commission shall establish,
develop, equip, maintain and control facilities for public recreation and
park purposes and shall set up and supervise programs and activities,
indoors or otherwise, making use of such facilities. In addition the
Commission shall have such other powers, duties and responsibilities as
the city council from time to time prescribes or ordains.

The Commission shall have authority, in the performance of its
duties, to employ a superintendent of public recreation and parks and
such other personnel as it deems essential or advisable in the furtherance
of its program and within the limits of its funds.

The Commission shall have the power to expend for public recrea-
tion and parks purposes, as herein indicated, such funds as shall annually
be appropriated by the city council for these purposes, together with such
special grants as may be made by the council, and such other funds as
may lawfully come into the hands of the Commission. The Commission
shall have authority to accept and use any gifts, donations and bequests
which may be made for public recreation and park purposes.

All provisions of the charter of the City of Hopewell inconsistent
with this provision are hereby repealed.

Section 12. Officers elective by council; rules—-The council shall
on the first Tuesday in September next following the regular municipal
election, or as soon thereafter as may be practicable, elect one of its mem-
bers to preside over its meetings, who shall be entitled president, and who
shall be ex-officio mayor, and shall also elect another member to be vice-
president of the council who shall be ex-officio vice-mayor, each of whom
shall serve for a period of two years from the first day of the September
in which such election 1s held and until their successors have been elected
and have qualified. The council shall also elect a city manager, a city
clerk, a city auditor (the duties of both offices, city clerk and city
auditor, may in the discretion of the council be imposed on one indi-
vidual), a civil and police justice, and a substitute civil and police justice,
and subject to the provisions of section thirty-four of this charter may
elect a judge of the juvenile and domestic relations court, at the time and
for the tenure hereinafter provided.

The council shall also appoint the members of such boards and
commissions as are provided for in this charter or as may be established
by the council or by general law.

The council may, if it deems necessary, select the following of-
ficers: a city attorney, a clerk of the police court, and a bailing justice.
No other justices shall be appointed or elected for said city, except those
provided for in this charter.

All elections by the council shall be viva voce and the vote recorded
in the journal of the council.

The council may determine its own rules of procedure; may punish
its members for misconduct and may compel the attendance of members
in such manner and under such penalties as may be prescribed by ordi-
nance. It shall keep a journal of its proceedings. A majority of all the
members of the council shall constitute a quorum to do business, but a
smaller number may adjourn from time to time.
No person now a member or who may hereafter be elected to the
council, shall, during his tenure of office as such member, or for one year
thereafter, be eligible to any office to be filled by the council by election
or appointment.

Section 19. President of the council_—The president of the coun-
cil shall preside at meetings of the council, and perform such other duties
consistent with his office as may be imposed by the council. He shall be
entitled to a vote, but shall possess no veto power. He shall be recognized
as the official head of the city for all ceremonial purposes, by the courts
for the purpose of serving civil process, and by the Governor for military
purposes. He may use the title of mayor in any case in which the execu-
tion of contracts or other legal instruments in writing, or other necessity
arising from the general laws of the State may so require; but this shall
not be construed as conferring upon him the administrative or judicial
functions, or other powers or functions, of a mayor, under the general
laws of the State. In time of public danger or emergency, he may, with
the consent of the council, take command of the police and maintain order
and enforce the laws, and for this purpose may deputize such special po-
licemen as may be necessary. During his absence or disability his duties
shall be performed by the vice-president of the council.

The powers and duties of the president of the council shall be such
as are conferred upon him by this charter, and by general law, together
with such others as may be conferred by the council in pursuance of the
provisions of general law and of this charter. The substitute civil and
police justice shall be paid only for the days he serves in the place and
stead of the civil and police justice and shall receive the same rate of
compensation as is paid to the civil and police justice and he shall receive
no other compensation for his services.

Section 30. City attorney.—The city attorney may be appointed,
elected or employed at the time, in the manner, and for the term provided
by sections twelve and thirteen of this charter. He shall be a qualified
practicing attorney and a resident of the city for at least twelve months
prior to his appointment, election or employment. He shall be the legal
adviser of and attorney and counsel for the city and the school board of
the city and for all officers, and departments thereof, in matters relating
to their official duties. He shall prosecute all suits, actions and pro-
ceedings for and on behalf of the city and the school board of the city, and
defend all suits, actions and proceedings against the same, and shall pre-
pare all contracts, bonds and other instruments in writing, in which the
city or the school board of the city are interested or concerned, and shall
endorse on each his approval of the form and correctness thereof, pro-
vided that in the case of bonds to be issued by the city, it shall be suffi-
cient if he certify to the council his approval thereof as to form in a sep-
arate writing, to be filed and preserved with the records of the council.

He may by ordinance be designated as the prosecuting attorney for
the prosecution of violations of all city ordinances.

The council, the city manager, or any ofhcer, board or commission
may require the written opinion of the city attorney upon any question
of law involving their respective powers and duties.
The city attorney shall apply in the name of the city to a court of
competent jurisdiction for such injunction or injunctions as may be nec-
essary to restrain and prevent the misapplication and/or misuse of the
funds or property of the city, or the invasion or abuse of its corporate
powers, or the usurpation of authority by any city official, or the execu-
tion or performance of any contract made in behalf of the city in con-
travention of law, or which was procured by fraud or corruption.

When an obligation or contract made on behalf of the city granting
a right or easement or creating a public duty 1s being evaded or violated,
the city attorney, when directed by council, shall institute and prosecute
such suit or suits as may be necessary to enforce the forfeiture thereof,
of the specific performance thereof, as the nature of the case may require.

In case any officer, board or commission shall fail to perform any
duty required by law, the city attorney shall apply to a court of competent
jurisdiction for a writ of mandamus to compel the performance of such
duty. Whenever the city or the school board shall purchase or other-
wise acquire real estate or any interest therein, unless other provision 1s
made by the council, the city attorney shall examine and certify the title
thereto before the purchase price thereof shall be paid. The city attorney
shall perform such other duties as may be required of him by ordinance
or resolution of the council, and shall be paid such salary or compensa-
tion as the council may from time to time prescribe.

Section 31. Civil and police justice—The civil and police justice
shall be elected at the time, in the manner and for the term provided by
sections twelve and thirteen of this charter. He shall be a qualified
practicing attorney and a resident of the city at least twelve months prior
to his election.

(a) Oath—Such civil and police justice, before entering upon the
performance of his duties shall take the oath prescribed by law and shall
enter into bond in the penalty of two thousand dollars payable to the City
of Hopewell, Virginia, and conditioned as the law directs, with corporate
surety deemed sufficient by the council of said city, which bond shall be
filed with the court clerk and preserved in his office.

(b) Such civil and police justice shall receive such monthly salary
as the council may determine, which salary is to be paid in the same
manner as the salaries of other officials are paid, and in addition thereto,
shall receive such fees as may be earned by him in the trial or other pro-
ceedings in civil matters, and such fees as are earned by him in issuing
criminal warrants and admitting persons to bail in criminal matters, until
and unless such fees are paid into the city treasury under the provisions
of section sixty-five of this charter, provided that he shall not charge or
receive any fees for issuing criminal warrants or admitting any person to
bail when such services are performed during usual court hours.

(d) The said civil and police justice shall collect such costs and fees
required by law to be paid to him in civil matters, the amount of such
costs and fees shall be the same as allowed to justices of the peace and
civil and police justices by general law, except that said justice shall re-
ceive for issuing a warrant of arrest in a misdemeanor case the sum of
one dollar, for issuing a warrant of arrest 1n a felony case the sum of two
dollars, for issuing a search warrant in any case the sum of two dollars,
688 , ACTS OF ASSEMBLY [va., 1946

for admitting any person to bail charged with a misdemeanor the sum of
one dollar, for admitting any person to bail charged with a felony the
sum of two dollars, provided that none of said fees shall be taxed agains!
or paid by the said city, for issuing a warrant or other process of simila
kind in a civil case the sum of one dollar, for trying any civil case whet
the amount or thing in controversy does not exceed one hundred dollar:
in value, the sum of one dollar, for each one hundred dollars adciitiona
or fractional part thereof in value, the sum of fifty cents, which said fe
shall be taxed as a part of the costs; providing that in all criminal case:
tried before such justice, and in which there is a conviction, the said
justice shall, if authorized by council, tax as a part of the costs the sum
of one dollar as trial fee, and not more than two dollars as arrest and at-
tendance fees of officers, which criminal trial fees and arrest and at-
tendance fees shall be collected and paid into the city treasury and all fines
collected shall be accounted for according to general law and city ordi-
nances and paid into the treasury of the said city or to the State, which-
ever may be entitled thereto. In civil cases the civil and police justice
shall charge and collect for every second or subsequent continuance of
the case a fee of fifty cents, to be paid at the time such continuance 1s
granted, by the party on whose motion or at whose request such con-
tinuance is granted, but such continuance fee shall not be taxed as a part
of the costs of such case.

(e) Jurisdiction.—Such civil and police justice shall be a conserva-
tor of the peace within the corporate limits of the City of Hopewell and
for one mile beyond said limits, and within the city limits shall have ex-
clusive original jurisdiction for the trial of all offenses against the ordh-
nances of the city, provided that the city shall have the right of appeal to
the circuit court of said city from any decision of the civil and police
justice affecting its revenues or the legality or validity of any ordinance
passed by the council; he shall have concurrent jurisdiction with the cir.
cuit court in all cases of the violation of the revenue laws of both State anc
city, and the laws regulating the manufacture, use, sale, offering for sale
transportation, keeping for sale and giving away ardent spirits. He shal
possess all the jurisdiction and exercise all the powers and authority it
criminal cases of a trial justice for the county and except where it is oth
erwise specifically provided by law, shall have exclusive original jurisdic-
tion for the trial of all misdemeanor cases occurring within the corporate
limits of the city and concurrent jurisdiction with the county authorities
of offenses committed within one mile of the corporate limits. He shall
possess all the jurisdiction and exercise all the power and authority in
civil cases as 1s provided by general law for civil and police justices.
Council may by ordinance impose such other duties as it deems expedi-
ent.

(f) The said civil and police justice shall have exclusive original
jurisdiction in all civil matters cognizable by trial justices for the coun-
ties and shall, in addition thereto, have concurrent jurisdiction with the
circuit court of any claim for damages for any injury done to property
or to the person, which would be recoverable by action at law, if such
claim does not exceed one thousand dollars.
(g) The said civil and police justice shall also have jurisdiction to
try and decide attachment cases as provided by general law.

(h) He shall have concurrent jurisdiction with the circuit court of
said city in actions at law, except for the recovery of a fine, where the
amount in controversy does not exceed one thousand dollars. An appeal
shall be allowed from the judgment of such justice only in cases where
the amount or thing in controversy exceeds twenty dollars in value ex-
clusive of interest, and in all cases affecting the public revenues, but no
such appeal shall be granted unless and until the party applying for same
shall have given bond in the amount and with the surety to be approved
by such justice, to abide the judgment of the court to which the appeal is
made. In all misdemeanor trials before such justice there may be an
appeal to the circuit court of said city as is now or may hereafter be pro-
vided by law for appeals from judgments of justices. An appeal to the
circuit court shall also be allowed from the judgment of such justice im-
posing a penalty for the infraction of any city ordinance.

(1) The said civil and police justice shall have all the powers and
authority respecting interrogatories as is now provided for civil justices
under section thirty-one hundred and sixteen of the Code of Virginia
and other sections pertaining to such interrogatories.

(j) The said civil and police justice shall keep a civil docket book
and a criminal docket book, in which shall be entered all cases tried and
prosecuted hefore him and of all civil processes issued by him, except
summonses for witnesses, the proceedings had therein and the disposi-
tion of same, which docket books shall be furnished by council. All pa-
pers connected with any proceedings before such justice, except such as
may be removed on appeal, distress warrants, and such as in criminal
matters may be required by law to be returned or lodged in the office of
the clerk of the circuit court, shall be properly indexed, filed and pre-
served. The council shall provide, for such justice, the necessary and
proper books, forms, files and office equipment, which shall be and re-
main the property of the city, and shall be turned over by such justice to
his successor in office. The books and papers 1n such office shall be ex-
amined and audited at any time the council may see fit, by such person
or persons as the council may designate.

(k) He shall keep a regular account of all fees, fines, forfeitures, and
costs imposed or arising in the administration of his office in both civil
and criminal matters, which he shall report to the auditor, at such inter-
vals and in such form as council may require. The said civil and police
justice or the clerk of the police court, if such officer is appointed, or such
other person as council may designate for that purpose, shall collect all
fines, forfeitures and costs imposed in said court and report to the auditor
monthly such as have accrued to the city, and pay the same to the treasur-
er not later than the fifth day of the next succeeding month in which col-
lected.

(1) He shall hold his court at such place as may be prescribed by
council, which shall be kept open for the transaction of business every
day in the year except Sundays and legal holidays, and if from any cause
he is unable to act, the substitute civil and police justice shall discharge
the duties of the civil and police justice prescribed herein during such
inability.

(m) Any vacancy occurring in the office of the civil and police
justice or substitute civil and police justice from any cause, shall be filled
by council by the election of a person with like qualifications, prescribed
by this charter.

Section 32. Substitute civil and police justice——The substitute civil
and police justice shall be elected for the term and in the manner pro-
vided in sections twelve and thirteen of this charter. He shall possess the
qualifications for the civil and police justice, and shall act for said civil and
police justice, when, from any cause, said civil and police justice is unable
to perform the duties of his office. When acting for said civil and police
justice, he shall be subject to all the provisions of law regarding the civil
and police justice and shall possess all the jurisdiction and exercise all
the power and authority and receive the same fees as are prescribed for
the civil and police justice, and either of said justices while serving as
civil and police justice may perform acts, with reference to the proceed-
ings of the other in any matter, in the same manner and with the same
force and effect as if they were his own. He shall take the oath pre-
scribed by law and enter into bond in the sum of one thousand dollars,
with corporate surety conditioned as provided by law.

Section 33. Clerk of the police court.—The clerk of the police court
if and when elected as provided in sections twelve and thirteen of this
charter, shall perform such duties and receive such compensation as coun-
cil may by ordinance prescribe. He shall give such bond as council may
by ordinance require, and qualify by taking the oath required by law of
public officers.

Section 33-a. Bailing justice——The bailing justice for said city it
and when elected as provided in sections twelve and thirteen of this
charter shall take the oath prescribed by law and give bond in the penalty
of one thousand dollars, conditioned according to law to be approved by
the council, with corporate surety. He shall have been a resident of the
city for a period of twelve months prior to his election.

He shall have authority to issue summonses in criminal cases and
criminal warrants, returnable before, and to be heard and determined by
the civil and police justice or the substitute civil and police justice and to
bail persons charged with misdemeanors or violations of the city ordi-
nances. His term of office shall be concurrent with that of the civil and
police justice, and his compensation shall be the same fees as allowed by
this charter to the civil and police justice for issuing summonses in crim-
inal cases, criminal warrants, search warrants, and admitting persons to
bail in misdemeanor cases and for violations of the city ordinances, but in
no case shall any of such fees be taxed against, chargeable to or paid for
by the said city. The said bailing justice shall be a conservator of the peace
within the corporate limits of the City of Hopewell, but shall have no other
authority, powers or jurisdiction except those provided for in this charter.

Section 34. Judge of the juvenile and domestic relations court, his
election, qualifications, et cetera—-As provided in sections twelve and
thirteen of this charter, the council shall elect a special justice of the
peace, who shall at time of election possess the same qualifications as the
civil and police justice, to be known as the judge of the juvenile and
domestic relations court of the City of Hopewell, who shall hold office for
a term of two years from the first day of November following his election,
and until his successor has been elected and has qualified, unless sooner
removed as provided by general law. He shall have and possess all the
authority and jurisdiction given judges of juvenile and domestic relations
courts by general law. Provided, that should a vacancy occur in said
office prior to November first, nineteen hundred forty-six, the council
may fill such vacancy for the remaining period and provided further that
the council may designate the civil and police justice or the substitute
civil and police justice to act as the judge or substitute judge of the ju-
venile and domestic relations court, and such designation shall have the
same effect as if the council had elected such person to the office. The
judge of the juvenile and domestic relations court shall receive such com-
pensation as the council may by ordinance or resolution prescribe. He
shall take the oath prescribed by law and give such bond as the council
may require.

Section 35. Police force.—The police force shall be composed of a
superintendent or chief of police and of such officers, patrolmen and other
employees as the council may determine. The superintendent or chief
of police shall have the immediate direction and control of the said force,
subject, however, to the supervision of the city manager and to such
rules, regulations and orders as the said city manager may prescribe. The
superintendent or chief of police shall issue all orders, rules and regula-
tions for the government of the whole force. In case of the disability of
the superintendent or chief of police to perform his duties by reason of
sickness, absence from the city or other cause, the city manager shall
designate some member of the police force to act as superintendent or
chief of police during such disability, and the officer so designated shall
serve without additional compensation. The members of the police force
shall be appointed and may be removed by the city manager, and no per-
son shall be eligible to appointment as patrolman unless he shall have
been a bona fide resident of the city at least three months prior to his ap-
pointment, but the city manager shall report each appointment and re-
moval to the council. Each member of the police force, both rank and
file, shall have issued to him a warrant of appointment signed by the city
manager, in which the date of his appointment shall be stated, and such
warrant shall be his commission. Each member of the said force shall,
before entering upon the duties of his office, take and subscribe an oath
before the clerk of the circuit court that he will faithfully without fear or
favor perform the duties of his office, and such oath shall be filed with the
clerk of said court and preserved with the records of his office. And in
addition, the several officers of the said force shall, if so required by the
council, give bond in such penalty and with such security as the council
may by ordinance prescribe.

No person except as otherwise provided by general law or by this
charter shall act as special police, special detective or other special police
officer for any purpose whatsoever except upon written authority from the
city manager. Such authority, when conferred, shall be exercised only un-
der the direction and control of the superintendent or chief of police and
for a specified time; provided, however, that the council may from time to
time designate the maximum number of such special police, special detec-
tives or other special police officers.

The officers and privates constituting the police force of said city
shall be, and they are, hereby invested with all of the power and authority
which pertains to the office of constable at common law in taking cogniz-
ance of and in enforcing criminal laws of the State and the ordinances and
regulations of said city, and it shall be the duty of each such officer and
private to use his best endeavors to prevent the commission within the
said city of offenses against the laws of said State, and against the ordi-
nances and regulations of said city; to observe and enforce all such laws,
ordinances and regulations; to detect and arrest offenders against the
same; to preserve the good order of said city, and to secure the inhabit-
ants thereof from violence and the property therein from injury. Such
policemen shall have no power or authority in civil matters, but shall ex-
ecute any criminal warrant of arrest and summons in criminal cases that
may be placed in his hands by any justice of the city, and shall make due
return thereof.

The city manager shall prescribe the uniforms and badges for the
members of the police force, and direct the manner in which the mem-
bers of said force shall be armed. Any person other than a member of
said force who shall wear such uniform or badge as may be prescribed
as aforesaid, may be subjected to such fine or imprisonment, or both, as
may be prescribed by the council by ordinance.

Section 41. City treasurer.—The city treasurer shall be elected at
the time, in the manner and for the term provided in section twenty-two
of this charter. He shall take the oath prescribed by law and shall give
bond in such sum as the council may by ordinance prescribe, but not less
than fifty thousand dollars nor more than one hundred thousand dollars,
with surety to be approved by the council, conditioned for the faithful dis-
charge of his official duties, in relation to the revenues of the city, and of
such other official duties as may be imposed upon him by general law and
by this charter and the ordinances of the city. He shall collect and re-
ceive all city taxes, levies, assessments, license taxes, rents, school funds,
fees and all other revenues or moneys accruing to the city, except such
as council shall by ordinance make it the duty of some other officer to col-
lect, and for that purpose shall be vested with any and all powers which
are now or may hereafter be vested in such city treasurer as collector of
State taxes. He shall be the custodian of all public money of the city and
all other money coming into his hands as city treasurer. It shall be the
duty of the said city treasurer to conduct all of the proceedings and
render all services necessary to perfect the sale and transfer of real estate
in said city, where the same shall be sold or advertised for sale for the non-
payment of any taxes or assessments imposed by the council. He shall
perform such other duties, have such powers and be liable to such penal-
ties as are now or may hereafter be prescribed by general law or ordi-
nance. For such services the city treasurer shall receive such compensa-
tion as may be fixed under the provisions of general law.
He shall report to the city manager at the end of each fiscal year,
quarterly during such fiscal year, and more frequently when required by
the council, a full detailed account of all receipts and expenditures.

Section 42. Commissioner of revenue.—The commissioner of the
revenue shall be elected at the time, in the manner and for the term pro-
vided in section twenty-two of this charter. He shall give bond in such
sum as the council may by ordinance prescribe, not to exceed five thou-
sand dollars, with surety to be approved by the council, conditioned for
the faithful performance of all of his duties under the general law, and
this charter, and under any ordinance of the city. He shall perform such
duties not inconsistent with the laws of the State in relation to the assess-
ment of property and licenses as may be required by the council for the
purpose of levying city taxes and licenses. He shall have power to ad-
minister such oaths as may be required by general law or by the council
in the assessment of license taxes or other taxes for the city. He shall
make such reports in regard to the assessment of both property and li-
censes, or either, as may be required by the council. For all such serv-
ices the said commissioner of the revenue shall receive such compensation
as may be fixed under the provisions of general law. He shall report
to the city manager at the end of each fiscal year, quarterly during such
fiscal year, and more frequently when required by the council, a full de-
tailed, account of all matters pertaining to city assessments, levies and
revenues.

Section 65. Compensation of fee officers—The council may, by
ordinance, conformable to the general law, provide and fix annual com-
pensation, to be determined by the council, but not in excess of the com-
pensation provided by general law, for the officers hereinafter named,
which annual compensation shall be in lieu of all salary, fees, commis-
sions and/or other emoluments of office from all sources, which would
or could accrue to such officers from any source, and thereafter all such
fees, commissions and/or other emoluments of office, which but for this
section would or could accrue to such officers, shall, unless accruing
from said city, be collected and accounted for and paid into the city trea-
ury by such officers.

In providing and fixing such annual compensation, the council shall
make proper allowance for the payment of deputies, assistants, clerical
and/or stenographic help. In the event of a disagreement between the
officer and the council as to the proper allowance, then and in that event
the same shall be determined by the State Fee Commissioner or such
board or commission having authority in the premises.

The compensation of any of the officers hereinafter named shall not
be diminished during the term for which they are elected, except pur-
suant to general law. This section shall apply to the clerk of the circuit
court and the civil and police justice. The annual compensation of the
civil and police justice shall be not less than eighteen hundred dollars, nor
more than thirty-six hundred dollars per year, to be fixed by the council
as hereinabove provided. Such annual compensation shall be paid in
monthly or semi-monthly installments.

Until such annual compensation provisions as mentioned in this
section are made by the council, such officers shall receive such compen-
694 ACTS OF ASSEMBLY [va., 1946

sation as is provided by this charter, or by general law, and such month-
ly salaries as the council may from time to time determine to be paid in
monthly or semi-monthly installments, but not to exceed the following
sums ; clerk of the circuit court, one hundred dollars per month salary and
in addition thereto, the sum of one hundred dollars per month for the em-
ployment of additional clerical assistance in said office; the city sergeant,
fifty dollars per month, and the civil and police justice, one hundred fifty
dollars per month.

2. An emergency exists and this act is in force from its passage.