CHAPTER 595
HOUSE JOINT RESOLUTION NO. 5

Proposing amendment to Section 98 of the Constitution
of Virginia’
Agreed to by the House January 24, 1950
Agreed to by the Senate February 1, 1950

Whereas, the proposed amendment to the Constitution of Vir-
ginia, hereinafter fully set forth, was agreed to by a majority of
the members elected to the two houses of the General Assembly
at the session of nineteen hundred forty eight and referred to this,
the next General Assembly, and published for three months, as
required by the Constitution of Virginia, and as shown by report
of such publication by the Clerk of the House of Delegates; Now,
Therefore, be it

Resolved by the House of Delegates, the Senate concurring, a
majority of the members elected to each house agreeing, that the
following amendment to the Constitution of Virginia be and the
same is hereby proposed in conformity with the provisions of sec-
tion one hundred ninety-six of the Constitution, namely:

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
on 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 thereupon
become a part of the records of such circuit court, and be trans-
ferred 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
circuit 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
thereupon 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.