CHAPTER 225

AN ACT to amend and reenact § 28 of Chapter 875 of the Acts
of Assembly of 1946, approved March 28, 1946, which pro-
vided a new charter for the City of Radford, the section
relating to civil and police justice; and to amend such Chap-
ter by adding a section numbered 28-a providing for the
appointment of a special justice of the peace and settiny
forth his powers, duties and compensation.

. [ H 440 ]

Approved March 15, 1950

Be it enacted by the General Assembly of Virginia:
1. That § 28 of Chapter 375 of the Acts of Assembly of 1946,
approved March 28, 1946, be amended and reenacted and that
such Chapter be amended by adding a section numbered 28-a,
the amended and new sections being as follows:
§ 28. Civil and police justice, election and term.—(1) The
civil and police justice shall be elected at the time, in the manner,
and for the term provided in sections nine and ten of this
charter. Such civil and police justice at the time of his election
and during his term of office, shall reside in the City of Radford,
and shall not, during his term of office, hold any other office of
public trust, but he may serve as Juvenile and Domestic Rela-
tions Court Judge.

(2) Oath and bond.—Such civil and police justice, before
entering upon the performance of his duties, shall take the offi-
cial oath required by State law, before the corporation court of
the city, or the judge thereof in vacation. He shall also enter
into bond in the penalty of two thousand dollars before said
corporation court or the judge thereof with surety to be ap-
proved by said court or judge, and conditioned for the faithful
performance of his duties as civil and police justice.

(3) Compensation.—Such civil and police justice shall re-
ceive such salary as the city council may determine, to be paid in
monthly or semimonthly installments, out of the treasury of
the city, and he shall receive no other compensation for his serv-
ices as such civil and police justice. His salary shall not be in-
creased or diminished during his term of office.

(4) Daily sessions, substitute——The court of such civil and
police justice shall be kept open for the transaction of business
every day in the year, except Sundays and legal holidays. The
city council may appoint as substitute civil and police justice a
person, residing in the city, and may at any time revoke such
appointment, and may make a new appointment in the event
of such revocation, or of the death, absence, or disability of such
substitute civil and police justice. In the event of the inability
of the civil and police justice to perform the duties of his office
by reason of sickness, absence, vacation, interest in the claim,
proceedings, or parties before his court or otherwise, such sub-
stitute civil and police justice shall perform the duties of the
office during such absence or disability, and shall receive for
his services * such salary as the council prescribes payable out of
the treasury of the city; and the city council may, from time
to time, determine whether or not such compensation shall be
deducted from the salary of the civil and police justice. While
acting as such, either the civil and police justice or the substi-
tute civil and police justice may perform said acts with refer-
ence to the proceedings and judgments of the other in any war-
rant, claim or proceedings, before the court of the civil and
police justice in the same manner and with the same force and
effect as if they were his own. The council may assign the sub-
stitute civil and police justice such duties as it deems proper.

(5) The civil and police justice shall preferably be an attor-
ney at law qualified and authorized to practice law in this State;
the civil and police justice may also be the judge of the juvenile
and domestic relations court of such city; the jurisdiction, pow-
ers, authority and duty of such civil and police justice shall be
the same as are now or hereafter conferred and imposed upon
trial justices in counties by the laws of this State in civil and
criminal matters, and the procedure, removals and appeals shall
likewise conform to such laws.

(6) Fees, costs and fines shall be assessed, fixed and col-
lected by the civil and police justice in the same manner as such
fees, fines and costs are assessed, fixed and collected by trial
justices by general law; and all such fees, costs and fines col-
lected shall be paid into the city treasury for the use and benefit
of the city provided that fines, costs and fees due to the State
shall be paid to the proper official of the State.

(7) Court room, books and stationery.—The city council
shall provide a suitable court room for such civil and police
justice, and shall furnish all necessary furniture, books and sta-
tionery. Such book shall be under the control of the civil and
police justice and shall remain the property of the city.

(8) Removal from office.—The said civil and police justice
may be removed or suspended from office by the judge of the
corporation court of the city for malfeasance, misfeasance, in-
competency, gross neglect of official duty, or corruption in office.
All proceedings for such removal or suspension shall be by order
of and on motion before the proper court, upon reasonable
notice to the said civil and police justice to be affected thereby,
and such officer shall have the right to demand a trial by jury.

(9) Vacancy.—Any vacancy occurring in the office of civil
and police justice shall be filled by the council by election of a
person with the qualifications prescribed in subsection one of
this section.

§ 28-a. The council may also appoint a special justice for the
issuance of warrants of arrest; such justice shall also have
power, if the councu so prescribes, to grant or deny bail in
proper cases and when bail is denied to commit persons to jail
as provided by law.

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