CHAPTER 187

AN ACT to provide for the submission of proposed amendments to
§ 98 of the Constitution of Virginia to the qualified voters for
ratification or rejection, and to prescribe when and how such
referendum shall be had, and the manner in which the results
thereof shall be ascertained and certified, the returns can-
rassed, and the vote thereon proclaimed by the voverne’. 216)

S 216

Approved March 14, 1950

Be it enacted by the General Assembly of Virginia:
l. It shall be the duty of the officers conducting the election
lirected by law to be held on the Tuesday after the first Monday
in November, nineteen hundred fifty, at the places appointed for
holding the same, to open a poll and take the sense of the quali-
fied voters upon the ratification or rejection of the proposed amend-
ment to the Constitution of Virginia, contained in the joint resolu-
tion proposing the said amendment to the Constitution of Virginia,
and directing a submission of said proposed amendment to the
people for their approval and ratification, to wit:

Strike from the Constitution of Virginia section ninety-eight,
which is as follows:

§ 98. Division of cities into classes; courts of each class,
additional courts of cities, how provided; abolition and cessation
of corporation or city court.—For the purpose of a judicial system,
the cities of the State shall be divided into two classes.

Cities having a population of ten thousand or more, as shown
by the last United States census, or other census provided by law,
shall be cities- of the first class and those having a population of
less than ten thousand, as thus shown, shall be cities of the second
class.

In each city of the first class, there may be, in addition to the
circuit court, a corporation court. In any city containing thirty
thousand inhabitants or more, the General Assembly may provide
for such additional courts as the public interest may require, and
in every such city the city courts, as they now exist, shall continue
until otherwise provided by law.

In every city of the second class the corporation or hustings
court now existing shall continue under the name of the corpora-
tion court of such city; but it may be abolished by a vote of a
majority of the qualified voters of such city at an election held
for the purpose. And whenever the office of judge of a corporation
or hustings court of a city of the second class, whose annual salary
is less than eight hundred dollars, shall become and remain vacant
for ninety days consecutively, such court shall thereby cease to
exist. In case of the abolition of the corporation or hustings court
of any city of the second class, such city shall thereupon come in
every respect within the jurisdiction of the circuit court of the
county wherein it is situated, until otherwise provided by law;
and the records of such corporation or hustings court shall there-
upon become a part of the records of such circuit court, and be
transferred thereto, and remain therein until otherwise provided
by law. During the existence of the corporation or hustings court,
the circuit court of the county in which such city is situated shall
have concurrent jurisdiction with said corporation or hustings
court, in actions at law and suits in equity, unless otherwise pro-
vided by law.

And insert in lieu thereof the following:

§ 98. Division of cities into classes; courts of each class,
additional courts of cities, how provided; abolition and cessation
of corporation or city court.—For the purpose of a judicial system,
the cities of the State shall be divided into two classes.

Cities having a population of ten thousand or more, as shown
by the last United States census, or other census provided by law,
shall be cities of the first class and those having a population of
less than ten thousand, as thus shown, shall be cities of the second
class.

In each city of the first class, there may be, in addition to the
eircuit court, a corporation court. In any city containing thirty
thousand inhabitants or more, the General Assembly may provide
for a court or courts with such number of judges for each court
as the public interest may require, and in every such city the city
courts, as they now exist shall continue until otherwise provided
by law.

In every city of the second class the corporation or hustings
court now existing shall continue under the name of the corpora-
tion court of such city; but it may be abolished by a vote of a
majority of the qualified voters of such city at an election held for
the purpose. And whenever the office of judge of a corporation
or hustings court of a city of the second class, whose annual salary
is less than eight hundred dollars, shall become and remain vacant
for ninety days consecutively, such court shall thereby cease to
exist. In case of the abolition of the corporation or hustings court
of any city of the second class, such city shall thereupon come in
every respect within the jurisdiction of the circuit court of the
county wherein it is situated, until otherwise provided by law;
and the records of such corporation or hustings court shall there-
upon become a part of the records of such circuit court, and be
transferred thereto, and remain therein until otherwise provided
by law. During the existence of the corporation or hustings court,
the circuit court of the county in which such city is situated shall
have concurrent jurisdiction with said corporation or hustings
court, in actions at law and suits in equity, unless otherwise pro-
vided by law.

Schedule

At such election a ballot shall be furnished each voter which
shall have printed thereon the following:

Question: Shall section ninety-eight of the Constitution of
Virginia be amended so as to authorize the General Assembly to
provide for a city court with such number of judges as the public
interest may require?

[] For

[] Against .

The ballot shall be prepared, distributed and voted, and the
results thereof ascertained and certified, in the manner prescribed
by § 24-141 of the Code of Virginia. It shall be the duty of the
clerks and commissioners of election of each county and city, re-
spectively, to make out, certify and forward an abstract of the
votes cast for and against said proposed amendment in the manner
now prescribed by law in relation to votes cast in general elections.

It shall be the duty of the State Board of Elections to open
and canvass the said abstracts of returns, and to examine and
make statement of the whole number of votes given at said election
for said proposed amendment and against said proposed amend-
ment, respectively, in the manner now prescribed by law in rela-
tion to votes cast in general elections; and it shall be the duty of
the State Board of Elections to record said certified statement in
its office, and without delay to make out and transmit to the
Governor of the Commonwealth an official copy of said statement,
certified by it. )

The Governor shall, without delay, make proclamation of the
result, stating therein the aggregate vote for and against said
amendment, to be published in such newspapers in the State as
may be deemed requisite for general information; and if a ma-
jority of said votes be cast for the ratification of the amendment,
he shall annex to his proclamation a copy thereof. The State
Board of Elections shall cause to be sent to the clerks of each
county and corporation, at least thirty days before the election,
as many copies of this act as there are places of voting therein;
and it shall be the duty of such clerks to forthwith deliver the
same to the sheriffs of their respective counties and cities for dis-
tribution. Each such sheriff shall forthwith post a copy of such
act at some public place in each election district at or near the
usual voting place in the said district.

The expenses incurred in conducting this election shall be
defrayed as in the case of the election of members of the General
Assembly.