CHAPTER 361

An Act to amend and reenact §§ 1.8, 2.204, 2.420, 2.427, 3.4, 3.601, 3.604,
3.901, 3.902, 3.923, 3.927 through 3.930, 8.944, 4.14, 4.2, 5.1 through
5.7, and 8.5 of Chapter 325 of the Acts of Assembly of 1952, approved
March 12, 1952, being the charter of the city of Buena Vista, the
sections relating respectively to city boundaries, taxation, courts,
planning, council, appointments, boards, ordinances, action on ordi-
nances, city attorney, counsel, judges, firemen, circuit court clerk,
appropriations, bids and purchases, circuit court, civil jurisdiction,
criminal jurisdiction, local actions, vacation powers, compensation,
trial justice, and citation of the charter; to amend Chapter 325 of the
Acts of Assembly of 1952, approved March 12, 1952 by adding thereto
sections numbered 4.5, 5.102, 5.103, 5.201, 5.202 through 5.215, 5.217
through 5.223, 5.301 through 5.3803, 5.501, 8.6 and 8.7, the addition
of such new sections together with the amendment of §§5.2 through
5.7, being in order to provide concerning tax rates, pay of judge,
municipal court, judge thereof, qualifications, bond, removal, juris-
diction, venue, procedure, process, supplies, fees and fines, executions,
opening municipal court, pay, vacancy, acting judge, substitute, other
acting judge, clerk, substitute, bailiff, juvenile and domestic relations
court, judge, clerk, bailiff, justices of the peace, joint trial justice
system, validation, Code reference construction, charter reference
construction, to provide that §§5.907 through 5.910 of Chapter $325
of the Acts of Assembly of 1952, approved March 12, 1952, be desig-
nated as a separate Article 5A of the Chapter to repeal §§5.8, 5.9,
and 5.901 through 5.906 of Chapter 325 of the Acts of Assembly of
1952, approved March 12, 1952, relating respectively to bond of trial
justice, pay, holding court, costs and fines, supplies, removal, vacan-
cies, and the juvenile and domestic relations court.

[H 290]

Approved April 2, 1954
CH. 361] ACTS OF ASSEMBLY 455

Be it enacted by the General Assembly of Virginia:

1. That §§1.8, 2.204, 2.420, 2.427, 3.4, 3.601, 3.604, 3.901, 3.902, 3.923,
3.927 through 3.930, 3.944, 4.14, 4.2, 5.1 through 5.7, and 8.5 of Chapter
825 of the Acts of Assembly of 1952, approved March 12, 1952, be
amended and reenacted and that Chapter 325 of the Acts of Assembly
of 1952, approved March 12, 1952, be amended by adding thereto sections
number 4.5, 5.102, 5.103, 5.201, 5.202 through 5.215, 5.217 through 5.223,
0.301 through 5.303, 5.501, 8.6 and 8.7, as follows:

§1.3. Boundaries of the city of Buena Vista

The corporation limits shall remain the same as they now are until
changed as provided by law and are described by metes and bounds as
ollows:

Beginning at a point on the north bank of the Maury River (formerly
North River), thence north of center line of what was formerly Rich-
mond & Alleghany Railroad, thence eastward with the same 660 feet to
the line of the lands formerly owned by Buena Vista Company and
John Dunlop and with their lines to the intersection with the western
line of Aspen Ave.; thence with the lines of Aspen Ave. and 41st Street
to Juniper Ave.; thence with Juniper Ave. to 36th Street; thence with
386th Street to Woodbine Ave.; thence with Woodbine Ave. to 32nd
Street; thence with straight line to the intersection of Birch Ave. and
28th Street; thence with Birch Ave. to Hill Street; thence with Hill Street
to Maple Ave.; thence with Maple Ave. to 26th Street; hence with 26th
Street to Oak Ave.; thence with Oak Ave. to 25th Street; thence with
25th Street to Hawthorn Ave.; thence with Hawthorn Ave. to 27th
Street; thence with 27th Street to Holly Ave.; thence with Holly Ave.
to 26th Street; thence with 26th Street to Ash Ave.; thence with Ash
Ave. to 24th Street; thence with 24th Street to Hickory Ave.; thence
with Hickory Ave. to 20th Street; thence south 37 degrees and 12 minutes
west to the northeast corner of Pine Ave. and 11th Street; thence with
a straight line to corner of Hazel Ave. and First Street; thence with
First Street to the line of the property formerly owned by John E. Laird,
thence with the line of the Laird land to the lands known as the Loch
Laird Land and Improvement Co. and the extension of the same to the
west bank of Maury River (formerly North River) then up said river
to a point opposite the point of beginning and then crossing the said
river to the point of beginning, all of said lands being in Rockbridge
County, Virginia.

When, in the above description, a street or avenue is mentioned as
a boundary line the outside line of said street or avenue shall be taken
and held to be such boundary line.* The streets and avenues referred to
are located on the map*and plat* of the subdivision * of the lands of
the Buena Vista Company * on file and of record in the Office of the
Clerk of the Circuit Court of the City of Buena Vista in Deed Book * 2
at Page 107 * and on the map * or plat of the subdivision of the lands of
the Loch Laird Land and Improvement Company on file and of record
in the Office of the Clerk of the Circuit Court of Rockbridge County in
Deed Book * 53 at Page 412. *

§2.204. To establish, levy, and collect, except when prohibited by
general law, a tax or license on any person, firm, or corporation, except
motor vehicle carriers liable for and which pay the road tax calculated
on gross receipts prescribed by §58-638 of the Code of Virginia, pursuing
or conducting any trade, business, profession, occupation, employment
or calling whatsoever within the boundaries of the city, whether a license
may be required therefor by the State or not, and may exceed the State
ieee if any be required, and may provide penalties for nonpayment

ereof.
§2.420. To provide for the protection of the city’s property, real
and personal, the prevention of the pollution of the city’s water supply,
and the regulation of the use of parks, playgrounds, playfields, recrea-
tional facilities, cemeteries, airports and other public property, whether
located within * the city, provided, however, the city of Buena Vista shall
have the power and authority to condemn such land situate in Rock-
bridge County, Virginia, as may be necessary for the reasonable and
orderly expansion of the cemetery presently owned by the said munict-
pality and being more particularly described and designated as the Green
Hill Cemetery, and further provided that the Board of Supervisors, or
other governing body of Rockbridge County, Virginia, shall be made
parties to any such condemnation proceedings. For the purpose of enforc-
‘ing such regulations all city property wherever located shall be under the
police jurisdiction of the city. Any member of the police force of the city
or employee thereof appointed as a special policeman shall have power to
make arrests for violation of any ordinance, rule or regulation adopted
pursuant to this section and the * Municipal Court of the City of Buena
Vista shall have exclusive original jurisdiction in all cases arising there-
under within the city and the Trial Justice of the county wherein the
offense occurs shall have jurisdiction of all cases arising thereunder with-
out the city.*

§2.427. To make and adopt a comprehensive plan for the city, and
to that end all plats and replats hereafter made subdividing any land
within the city or within two miles thereof, into streets, alleys, roads,
and lots or tracts shall be submitted to and approved by the council or
such official or board, including the * Planning Commission, as the
council designates in any regulations controlling the orderly subdivision
of land it may adopt before such plats or replats are filed for record or
recorded in the office of the clerk of the Circuit Court of the City of
Buena Vista*.

§3.4 The council shall be elected in the manner prescribed by law,
as follows:

At the regular municipal election to be held on the second Tuesday
in June, nineteen hundred fifty-two, five members shall be elected, to take
office on September first next following the date of their election. The
three members, each of whom has received more votes in said election
than either of the other two members, shall serve as members of the
council for terms of four years each. The remaining two members shall
serve for terms of two years each. At the regular municipal election to
be held on the second Tuesday in June nineteen hundred fifty-four, and
each four years thereafter, two councilmen shall be elected each for a
term of four years beginning on the first day of September next follow-
ing their election. At the regular municipal election to be held on the
second Tuesday in June nineteen hundred fifty-six, and every four years
thereafter, three councilmen shall be elected each for a term of four
years beginning on the first day of September next following their elec-
tion. Each councilman elected as hereinabove provided shall serve for the
term stated or until his successor shall have been elected and qualified.
The council shall be a continuing body, and no measure pending before
such body shall abate or be discontinued by reason of expiration of the
term of office or removal of any of its members. Provided, however, in
the event membership of the council shall for any reason, be reduced
to two or less members, the clerk of the council shall cause notice of
such fact to be directed to the * Circuit Court of the city of Buena Vista,
or the judge thereof in vacation, who*shall thereupon order a special
election to be held within thirty days, and all vacancies shall be filed for
the unexpired term thereof at such election.

§3.601. Appoint and remove the city manager, the clerk of the
council, the city attorney, * justices*of the peace, medical examiner, and
officers of the volunteer fire department.

§3.604. Appoint the members of The * School Board of the City
of Buena Vista and fill any vacancies thereon. Appoint the members of
the Planning Commission, the Board of Zoning Appeals, and the Recrea-
tion Commission, and fill any vacancies thereon.

§3.901. Except in dealing with questions of parliamentary proce-
dure, the council shall act only by ordinance or resolution, and all ordi-
nances, except ordinances making appropriations, or authorizing the
contracting of indebtedness or issuance of bonds or other evidence of
debt, shall be confined to one subject *. Ordinances making appropria-
tions or other obligations and appropriating the money to be raised
thereby shall be confined to those subjects respectively.

§3.902. * No ordinance, unless it be an emergency measure, shall
be passed until it has been read at two regular meetings not less than
Seven days apart, unless the requirements of such reading has been
dispensed with by the affirmative vote of four of the members of the
council. No ordinance or section thereof shall be revised or amended by
its title or section only, but the new ordinance shall contain the entire
ordinance, or section as revised or amended. The ayes and nays shall be
taken upon the passage of all ordinances or resolutions and entered upon
the journal of the proceedings of the council and every ordinance or
resolution shall require, on final passage, the affirmative vote of at least
three of its members.

§3.923. The Council of the city of Buena Vista shall * appoint a
city attorney for an indefinite term and such officer * shall be * a duly
qualified and practicing attorney at law. * Provided, however, such officer
* shall receive such compensation * as shall be determined and fixed *
by the Council * of the said city, and further provided, such officer shall
be vested with the following authority and powers and shall * perform
the following duties. .

§3.927. To represent the city as counsel in any civil case, * or in
any criminal case * arising under and by virtue of the ordinances of the
city, when the City Attorney shall be of the opinion that such representa-
tion ig necessary and proper and is in the public interest.

§3.928. * The Council of the City of Buena Vista shall, during the
month of August, nineteen hundred fifty-four, and during the same
month every two years thereafter, appoint a judge, substitute judge, and
clerk of the Municipal Court of the City of Buena Vista. Provided, how-
ever, that the foregoing appointments shall be for a term of two years
as hereinafter provided, and further provided that such appointments
Shall be subject to approval thereof by the Circuit Court of the City of
Buena Vista, or the judge thereof in vacation.

§3.929. The * Council of the City of Buena Vista shall during the
month of April, nineteen hundred fifty-four, and during the same month
each year thereafter, appoint * the fire department officers as provided
in §27-13, Code of * Virginia.

§3.930. There shall be elected by the qualified voters of said city
on Tuesday after the first Monday in November, nineteen hundred fifty-
three and every four years thereafter, the following officers: a city
treasurer, a commissioner of the revenue, an attorney for the Common-
wealth, and a city sergeant for said city who shall hold their offices for
four years from the first day of January following their election. * The
foregoing officers shall serve until their successors are duly elected and
qualified unless sooner removed from office and there shall be elected as
prescribed by the General Assembly of this State one clerk of the Circuit
Court of the City of Buena Vista who shall hold office for eight years.
All of said elections shall be conducted under the general laws of the
Commonwealth of Virginia and when two or more persons are running
for the same office the one receiving the highest number of votes shall
be declared elected. The council may at its discretion combine in one
person an elective and an appointive office, where the duties of such office
do not conflict.

§3.944. The clerk of the * Circuit Court of the City of Buena Vista
shall be elected for eight years as prescribed by the laws of this State
and shall have the same powers and duties as provided by the laws of the
Commonwealth of Virginia in respect to clerks of the circwit courts
of the several cities of this class and shall receive such fees as are pro-
vided by law for such clerks and in addition, such compensation as the
council may provide.

§4.14. At the same time that the city manager shall submit a
general fund and/or utility budget he shall introduce appropriation ordi-
nances listing the appropriation for each department, utility, branch,
board or commission, * and such budget, or budgets, shall act as the sup-
porting schedules for the appropriation ordinances.

§4.2. Bids and Purchases.

At least two bids shall be secured on all purchases involving more
than * two hundred dollars except, when the council orders a different
procedure; when only one bid can be secured; and in cases of emergency.
The fact that bids are received does not make it mandatory that the low
bid be accepted in all cases. The council must approve purchase before
placing order if low bid is not accepted.

§4.5. Tax Rate or Levy

The Council of the City of Buena Vista shall, prior to the thirty-first
day of December of each year, adopt and fix the rate of taxation or levy
on all real, personal and public service corporation property situate within
the said city, and upon the value of the shares of stock of all banks situ-
ate within the said city, as provided by general law for the calendar year
commencing on the first day of January of the year next succeeding.

§5.1 * The Circuit Court of the city of Buena Vista as presently
created and established by the general laws of the Commonwealth of
Virginia shall be continued and the said Circuit Court shall have the
jurisdiction, authority and powers now or hereafter conferred upon and
vested in the Circuit Courts of the several counties and cities, and the
Corporation Courts of the several cities, by the general laws of the said
Commonwealth.

§5.102. Compensation: The City of Buena Vista shall pay such
annual salary unto the Judge of the Circuit Court of the City of Buena
Vista as shall be fixed by the Council of the said City and the same shall
be paid in addition to the pro rata portion or share of the regular salary
of such Judge allocated unto the said City by the general laws of the
Commonwealth of Virginia. Provided, however, the foregoing annual sal-
ary shall not be reduced or diminished during the term of office of the
said Judge.

85.103. Supervision of Municipal Court, etc.: The Circuit Court
of the City of Buena Vista, or the Judge thereof in vacation, is hereby
authorized and empowered from time to time to adopt such reasonable
rules and regulations as may be deemed necessary to exercise general
supervisory power and control over the Municipal Court of the City of
Buena Vista, the Juvenile and Domestic Relations Court of the City of
Buena Vista, and the several Justices of the Peace of the said City, for
the purpose of perfecting and enforcing the efficient operation thereof.

§5.2. Municipal Court

* The Municipal Court of the City of Buena Vista is hereby created
and established and shall have the jurisdiction, authority and powers as
yaa be hereinafter conferred upon and vested in the said Municipal
ourt.

§5.201. Appointment of Judge and Term of Office: The Council of
the City of Buena Vista shall, during the month of August, nineteen
hundred fifty-four, and during the same month every two years there-
after, appoint a Judge of the Municipal Court of the said City, said Judge
to hold office for a term of two years commencing on the first day of
September next succeeding such appointment. Provided, however, that
the foregoing appointment shall be subject to approval thereof by the
Circuit Court of the City of Buena Vista, or the Judge thereof in vacation.

§5.202. Qualifications of Judge: The Judge of the Municipal Court
of the City of Buena Vista shall be a duly qualified and practicing attorney
at law, and shall not during such term of office hold any other office of
public trust except as provided herein. Provided, however, the Trial Jus-
tice, or Substitute Trial Justice, of any of the several counties, or the Trial
Justice, or substitute Trial Justice, of any of the several counties and
cittes, or the Civil and Police Justice, or substitute Civil and Police Justice,
of any of the several cities, may be appointed and serve as Judge of the
said Municipal Court without vacating the office of Trial Justice, or sub-
stitute Trial Justice, or Civil and Police Justice, or substitute Civil and
Police Justice, as the case may be, notwithstanding the provisions of the
general laws of the Commonwealth of Virginia to the contrary, and further
provided that the limitations upon the practice of law contained in §16-45,
Code of Virginia, shall apply to the Judge of the said Municipal Court as
fully as if set out herein haec verba.

§5.203. Oath and Bond: The Judge of the Municipal Court of the
City of Buena Vista shall, prior to entering into the performance of the
duties of the said office, take the oath prescribed by the general laws of
the Commonwealth of Virginia before the Circuit Court of the City of
Buena Vista or before the Judge or Clerk thereof, and shall enter into
bond in the penalty sum of Twenty five hundred dollars with surety
approved by the said Circuit Court, or Judge or Clerk thereof, conditioned
upon the faithful performance of the duties of the said office.

§5.204. Removal of Judge: The Judge of the Municipal Court of
the City of Buena Vista may be removed from office in the manner, and
for any of the causes, prescribed in §15-500, Code of Virginia.

§5.205. Jurisdiction: The Municipal Court of the City of Buena
Vista, and the Judge thereof, shall be vested with the following jurisdic-
tion, authority and powers:

(a) Exclusive original jurisdiction for the trial of all violations of,
and offenses against, the ordinances of the City of Buena Vista. Provided,
however, the foregoing jurisdiction shall be limited to violations and
offenses occurring within the corporate limits of the City of Buena Vista.

(b) Concurrent jurisdiction with the Trial Justice of Rockbridge
County for the trial of all violations of, and offenses against, the ordi-
nances of the City of Buena Vista enacted and adopted pursuant to §2.420,
City of Buena Vista charter of nineteen hundred fifty-two, when such
violations and offenses shall occur beyond the corporate limits of the City
of Buena Vista, but within one mile thereof.

(c) Concurrent jurisdiction with the Circuit Court of the City of
Buena Vista for the trial of all misdemeanor cases occurring within the
corporate limits of the City of Buena Vista.

(d) Concurrent jurisdiction with the Circuit Court of the City of
Buena Vista for the trial of all misdemeanor cases occurring within the
corporate limits of the City of Buena Vista.

(e) All other criminal jurisdiction as is now, or may be hereafter,
conferred upon and vested in the Trial Justices of the several counties,
or the Trial Justices of the several counties and cities, by the general
laws of the Commonwealth of Virginia, unless the same shall be in con-
flict with the provisions of the city of Buena Vista charter of nineteen
hundred fifty-two.

(f) Exclusive original jurisdiction in all civil matters as 1s now,
or may be hereafter, conferred upon and vested in the Trial Justices of
the several counties, or the Trial Justices of the several counties and
cities, by the general laws of the Commonwealth of Virginia, unless the
same shall be in conflict with the provisions of the City of Buena Vista
charter of nineteen hundred fifty-two.

(g) Concurrent jurisdiction in all civil matters as 1s now, or may
be hereafter, conferred upon and vested in the Trial Justices of the several
counties, or the Trial Justices of the several counties and cities, by the
general laws of the Commonwealth of Virginia, unless the same shall be
in conflict with the provisions of the city of Buena Vista charter of
nineteen hundred fifty-two. |

(h) Jurisdiction to issue, try and determine attachments and to
proceed by interrogatories as is now conferred upon and vested in the
Trial Justice of the several counties, or the Trial Justices of the several
counties and cities, pursuant to §§ 16-70 and 16-71, Code of Virginia, as
amended, or may be hereafter conferred upon and vested in the said
Trial Justice by the general laws of the Commonwealth of Virginia, unless
the same shall be in conflict with the provisions of the city of Buena
Vista charter of nineteen hundred fifty-two.

(1) The Judge of the Municipal Court of the city of Buena Vista
shall be a conservator of the peace within the corporate limits of the city
of Buena Vista, and for one mile beyond such corporate limits.

(j) The Judge of the Municipal Court of the city of Buena Vista
shall have the same authority and powers to punish for contempt; issue
warrants, summons and subpoenas; take affidavits and administer oaths;
issue orders or writs; appoint guardians ad litem; and adjudge and
commit persons mentally ill, etc., as are now conferred upon and vested
in the Trial Justices of the several counties, or the Trial Justices of the
several counties and cities, pursuant to §§ 16-72, 16-72.1, 16-73 and 16-74,
Code of Virginia, or may be hereafter conferred upon and vested in the
said Trial Justices by the general laws of the Commonwealth of Virginia,
unless the same shall be in conflict with the provisions of the city of
Buena Vista charter of nineteen hundred fifty-two.

(k) The Municipal Court of the city of Buena Vista, and the Judge
thereof, shall have all such other jurisdiction, and all such other authority
and powers, as is now, or may be hereafter, conferred upon and vested
in the Trial Justices of the several counties, or the Trial Justices of the
several counties and cities, by the general laws of the Commonwealth of
Virginia, unless the same shall be in conflict with the provisions of the
city of Buena Vista charter of nineteen hundred fifty-two.

§5.206. Venue: The venue of all civil actions instituted in the
Municipal Court of the city of Buena Vista shall be governed by §16-69,
Code of Virginia, unless the same shall be in conflict with the provisions
of the city of Buena Vista charter of nineteen hundred fifty-two.

§5.207. Procedure by Notice of Motion: The provisions of §16-75,
Code of Virginia, shall be applicable to all civil actions instituted in the
Municipal Court of the City of Buena Vista unless the same shall be in
conflict with the provisions of the city of Buena Vista charter of nineteen
hundred fifty-two. Provided, however, the rules of civil procedure of the
Municipal Court of the said city shall, in all respects, whenever the same
shall be practical, conform to the rules of civil procedure applicable to
the Trial Justice Courts of the several counties, or the several counties
and cities, on the effective date of this charter.

§5.208. Place of Trial; Return of Process: The Municipal Court
of the city of Buena Vista shall sit for hearing and trial of all matters,
civil or criminal, at and in the Circuit Courthouse of the city of Buena
Vista, or at such place, or places, designated by the Circuit Court of the
city of Buena Vista, or the Judge thereof in vacation. All process, civil
and criminal returnable before the said Municipal Court shall be made
returnable before the said Municipal Court at the said Circuit Courthouse
or at such designated place, or places.

§5.209. Dockets; Quarters; Books; Supplies: The Municipal Court
of the city of Buena Vista shall keep a docket and the form thereof shall
be similar to the form prescribed by §16-77, Code of Virginia. All causes
tried and prosecuted and all matters coming before the said Municipal
Court, and the final disposition thereof, together with an account of the
costs and fines, shall be entered upon such docket. The Council of the
city of Buena Vista shall provide suitable quarters for the said Municipal
Court at and in the aforesaid Circuit Courthouse, or at and in such place,
or places, designated as aforesaid, and shall provide the necessary books,
supplies, and stationery, for the use of the said Municipal Court, or
Judge thereof. The said books and supplies shall be kept by the said
Municipal Court subject to the supervision of the Circuit Court of the city
of Buena Vista, or the Judge thereof in vacation.

§5.210. Disposition of Fees and Fines: All fees paid unto and
collected by the Judge, substitute Judge, Clerk, or substitute Clerk of the
Municipal Court of the city of Buena Vista, shall be paid promptly unto
the treasurer of the city of Buena Vista. Provided, however, in the event
a fee is collected, for the services of the Attorney for the Commonwealth,
one-half of such fee shall be paid unto the treasurer of the said city, and
one-half thereof shall be paid unto the Clerk of the Circuit Court of the
city of Buena Vista who shall pay the same unto the treasurer of the
Commonwealth of Virginia unless such services shall have been rendered
m a case involving a violation of the ordinances of the city of Buena
Vista, and in that event, such fee in its entirety shall be paid unto the
treasurer of the said city, and further provided, that all fines collected
for violations of the ordinances of the said city shall be paid promptly
unto the treasurer of the said city, and all fees, fines and costs collected
in the trial of violations of the laws of the said Commonwealth shall be
paid promptly unto the said clerk of the Circuit Court who shall pay the
same unto the treasurer of the said Commonwealth.

§5.211. Filing and Disposition of Papers; Issuance of Executions
and Abstracts of Judgments: The provisions of §16-78, Code of Virginia,
as amended, shall be applicable to all proceedings before the Municipal
Court of the city of Buena Vista unless the same shall be in conflict with
the provisions of the city of Buena Vista charter of nineteen hundred
fifty-two.

§5.212. Notations on Abstracts of Judgments: Docketing; Issuance
of Executions by Clerk of Circuit Court: The provisions of §16-79, Code
of Virginia, shall be applicable to all abstracts of judgment issued by the
judge or clerk of the Municipal Court of the city of Buena Vista, unless
the same shall be in conflict with the provisions of the city of Buena
Vista charter of nineteen hundred fifty-two.

§5.213. Bail; Removals; Appeals: The provisions of §§16-80, 16-81
and 16-82, Code of Virginia, as amended, shall be applicable to all pro-
ceedings before the Municipal Court of the city of Buena Vista, unless
the same shall be in conflict with the provisions of the city of Buena
Vista charter of nineteen hundred fifty-two.

§5.214. Court Open for Business: The Municipal Court of the city
of Buena Vista shall be open for the transaction of business every day
in the year during such hours as may, from time to time, be designated
by the Circuit Court of the city of Buena Vista, or the judge thereof in
vacation, excepting, however, Sundays and legal holidays. __.

§5.215. Compensation of Judge: The city of Buena Vista shall pay
such annual salary unto the judge of the Municipal Court of the city of
Buena Vista in monthly or semi-monthly installments as shall be annually
determined and fixed by the council of the said city. Provided, however,
the foregoing annual salary shall not be reduced or diminished during
the term of office of the said judge, and further provided, the judge of
the said Municipal Court shall receive no other compensation for his
services as judge thereof.

§5.217. Vacancy in Office of Judge: In the event the office of judge
of the Municipal Court of the city of Buena Vista shall become vacant,
the council of the city of Buena Vista shall appoint a duly qualified and
practicing attorney at law for the unexpired term thereof. Provided,
however, such appointment shall be subject to approval thereof by the
circuit court of the city of Buena Vista, or judge thereof in vacation.

§5.218. Civil and Police Justice to be Acting Judge: The duly
appointed and acting civil and police justice of the city of Buena Vista
on the effective date of this chapter shall thereupon become the acting
judge of the Municipal Court of the city of Buena Vista, and shall, while
so acting, possess the qualifications, be subject to the limitations and
obligations, perform the duties, and exercise the jurisdiction, authority
and powers now or hereafter imposed upon and vested in the judge of
the said Municipal Court pursuant to the provisions of the city of Buena
Vista charter of nineteen hundred fifty-two. Provided, however, the term
of office of such acting judge of the said Municipal Court shall expire
and terminate on the thirty-first day of August, nineteen hundred fifty-
four, and further provided, that in the event such office shall become
vacant, the council of the city of Buena Vista shall appoint a duly qualified
and practicing attorney at law for the unexpired term thereof in the
manner hereinbefore described in §5.217 of the said charter.

§5.219. Substitute Judge: The substitute judge of the Municipal
Court of the city of Buena Vista shall be appointed in the manner herein-
before provided in §3.928 and §5.201 of the city of Buena Vista charter
of nineteen hundred fifty-two for a term coextensive with that of the
judge of the said Municipal Court and shall possess the qualifications, be
subject to the limitations and obligations, except as herein provided, per-
form the duties, and exercise the jurisdiction, authority and powers now
or hereafter imposed upon and vested in the judge of the said Municipal
Court. Provided, however, the judge of the said Municipal Court, and
the substitute judge thereof while acting in such capacity, may perform
all acts, with reference to the proceedings, acts, and judgments of the
other, in the same manner and with the same force and effect as if such
proceedings, acts, and judgments were his own, and such substitute judge
shall perform the duties of the office of judge of the said Municipal Court
during the inability of such judge to perform the duties thereof because
of sickness, absence, vacation, interest, proceedings or parties before the
said Municipal Court, or otherwise, and further provided, such substitute
judge shall, while performing the duties of such office, receive for his
services a per diem compensation equivalent to one-twenty-fifth of the
monthly installment, or installments, of the salary of such judge and the
said compensation may, in the discretion of the council of the city of
Buena Vista, be deducted from the salary of such judge, and further
provided, a vacancy in the office of such substitute judge shall be filled in
the manner hereinbefore provided in § 5.217 of the said charter.

_§5.220. Disqualification of Judge and Substitute Judge: In the event
of the inability of both the judge and substitute judge of the Municipal
Court of the city of Buena Vista to hear any case or proceeding pending
inerein, the provisions of §16-57, Code of Virginia, shall be applicable
ereto.

§5.221. Clerk of Municipal Court: The clerk of the Municipal Court
of the city of Buena Vista shall be appointed in the manner hereinbefore
provided in §§8.928 and 5.201 of the charter of the city of Buena Vista,
for a term coextensive with that of the judge of the said Municipal Court
and shall perform the duties and possess the powers now or hereafter
imposed upon and vested in the clerk of the Trial Justice Court of the
several counties, or the Trial Justice Court of the several counties and
cities, or the civil and police justice court of the several cities, by the
general laws of the Commonwealth of Virginia. Provided, however, the
clerk of the said Municipal Court shall, at the time of appointment to
such office, be over the age of twenty-one years, and further provided, the
limitations upon the practice of law contained in § 16-45, Code of Vir-
ginia, and the provisions of §§ 5.208, 5.204, 5.205 (1), 5.215, and 5.217
of the city of Buena Vista charter of nineteen hundred fifty-two, shall
apply to the clerk of the said Municipal Court as fully as if set out herein

ec verba.

§5.222. Substitute Clerk: The Municipal Court of the City of Buena
Vista shall have the power and authority to appoint a substitute clerk of
the said Municipal Court and to revoke such appointment at any time
without cause, and shall have the power and authority to appoint a suc-
cessor thereto in the event of such revocation, death, absence or disability
of such substitute clerk. Provided, however, the said Municipal Court
Shall forthwith certify all appointments pursuant to the power and
authority herein contained unto the circuit court of the city of Buena
Vista, or judge thereof in vacation, for approval and further provided,
the limitations upon the practice of law contained in §16-45, Code of
Virginia, and the provisions of §16-68, Code of Virginia, and §§5.208,
5.204 and 5.205 (1), the city of Buena Vista charter of nineteen hundred
fifty-two, shall apply to the substitute clerk of the said Municipal Court
as fully as uf set out herein haec verba.

§5.223. Bailiff of the Municipal Court: The sergeant of the city of
Buena Vista shall act as bailiff of the Municipal Court of the city of
Buena Vista, and shall attend all sessions of such Municipal Court, and
the said officer shall perform such other duties and services as directed
by the judge of the said Municipal Court. Provided, however, the duties
herein imposed wpon the said sergeant shall, in no way, interfere with
the performance of the regular duties of such officer, and further pro-
vided, the provisions of §5.215, the city of Buena Vista charter of nine-
teen hundred fifty-two, shall apply to the said bailiff as fully as if set
out herein haec verba.

§ 5.8. * Juvenile and Domestic Relations Court: The Juvenile and
Domestic Relations Court of the city of Buena Vista as presently created
and established by the general laws of the Commonwealth of Virgina
shall be continued and the said juvenile and domestic relations court shall
have the jurisdiction, authority and powers now or hereafter conferred
upon and vested in such courts by the general laws of the said Common-
wealth, unless the same shall be in conflict with the provisions of the
city of Buena Vista charter of nineteen hundred fifty-two, and all general
laws of the said Commonwealth, now existing or hereafter enacted, relat-
ing to such courts, shall be applicable to the said’ juvenile and domestic
relations court, unless the same shall be in conflict with the provisions
of the said charter.

§5.301. Judge and Substitute Judge: The judge and substitute judge
of the Municipal Court of thec ity of Buena Vista shall be the judge and
substitute judge, respectively, of the juvenile and domestic relations court
of the city of Buena Vista for a term of office coextensive with the term
of office of the judge and the substitute judge of the said Municipal Court.
Provided, however, the provisions of §5.215, the city of Buena Vista
charter of nineteen hundred fifty-two, shall apply to the judge and substi-
tute judge of the said juvenile and domestic relations court as fully as
if set out herein haec verba.

85.302. Clerk and Substitute Clerk: The clerk and substitute clerk
of the Municipal Court of the city of Buena Vista shall be the clerk and
substitute clerk, respectively, of the juvenile and domestic relations court
of the city of Buena Vista for a term of office coextensive with the term
of office of the clerk and the substitute clerk, respectively, of the said
Municipal Court. Provided, however, the provisions of §5.215, the city
of Buena Vista charter of nineteen hundred fifty-two, shall apply to the
clerk and substitute clerk of the said juvenile and domestic relations
court as fully as if set out herein haec verba.

§5.303. Bailiff: The sergeant of the city of Buena Vista shall act
as bailiff of the juvenile and domestic relations court of the city of
Buena Vista, and shall attend all sessions of such juvenile and domestic
relations court, and the said officer shall perform such other duties and
services as directed by the judge of the said juvenile and domestic rela-
tions covrt. Provided, however, the duties herein imposed upon the said
sergeant skall, in no way, interfere with the performance of the regular
duties of such officer, and further provided, the provisions of §5.215, the
city of Buena Vistu charter of nineteen hundred fifty-two, shall apply to
the said bailiff as fully as if set out herein haec verba.

§ 5.4*. Justices of the Peace

The council of the city of Buena Vista shall have the power and
authority to appoint one, or more, justices of the peace who shall serve
during the pleasure of the council of the said city, and such governing
body shall have the power and authority to revoke such appointments at
any time without cause, and such justices of the peace shall, during their
term of office, possess the qualifications, be subject to the limitations and
obligations, perform the duties, and exercises the jurisdiction, authority
and powers now or hereafter imposed upon or vested in the justices of
the peace of the several counties and cities by the general laws of the
Commonwealth of Virginia. Provided, however, the said justices of the
peace so appointed shall receive all fees accruing unto justices of the
peace as may be provided by the general laws of the said Commonwealth,
and in addition thereto to the council of the city of Buena Vista may pay
unto such justices of the peace such compensation as the council of the
said city may deem necessary and proper.

§5.5. *Trial Justice for the City of Buena Vista and Rockbridge
County: The council of the city of Buena Vista shall possess the power
and authority to enter into and withdraw from a joint trial justice system
with the county of Rockbridge pursuant to §§16-53 and 16-54, Code of
Virgima. Provided, however, that in the event the said council shall enter
into such joint trial justice system, the provisions of the city of Buena
Vista charter of nineteen hundred fifty-two, pertaining to the Municipal
Court of the city of Buena Vista and the juvenile and domestic relations
court of the city of Buena Vista shall be inoperative so long as such joint
trial justice system shall be in force and effect.

§5.501. Appointment of Mayor or other Trial Officer: That in the
event the council of the city of Buena Vista shall enter into such joint
trial justice system with the county of Rockbridge, the provisions of
§§16-129 and 16-129.1 shall be applicable unless the same shall be in
conflict with the provisions of the city of Buena Vista charter of nineteen
hundred fifty-two.

§5.6. *Definition of Trial Justice: The definition of the term “trial
justice” as contained in §1-13.30, Code of Virginia, shall be construed
to include the judge of the Municipal Court of the city of Buena Vista
and the judge of the juvenile and domestic relations court of the city
of Buena Vista.

$5.7. *Validation of Acts of Civil and Police Justice: All judg-
ments, civil and criminal, heretofore rendered by the civil and police
justice of the city of Buena Vista, all proceedings pending before the
said civil and police justice, all process heretofore issued by the said civil
and police justice or clerk of the civil and police justice court of the city
of Buena Vista, and all records and papers of the said civil and police
justice court now existing, shall have the same force and effect, and be
treated as having been rendered, pending, issued, and existing, respec-
tively, by the Municipal Court of the city of Buena Vista, or the judge
or the clerk thereof, and it shall be conclusively presumed, for all pur-
poses, that the jurisdiction, authority and powers of the said civil and
police justice were coextensive with the jurisdiction, authority and
powers of the said Municipal Court.

§ 8.5. Citation of act. This act and all amendments thereto may
for all purposes be referred to or cited as the city of Buena Vista charter
of nineteen hundred fifty-two.

§ 8.6. The reference herein to any section of the Code of Virginia
shall be construed to mean such section as it existed January one, nineteen
hundred fifty-two, provided that this shall not apply as to any section re-
ferred to in any subsequent amendment of this charter when any such
section of the Code of Virginia is referred to as amended, in which event
such section shall be construed to mean such Code section as it exists on
January one of the year in which the reference is made.

§ 8.7. Reference to Charter Sections: All references to a specific
section or subsection of the city of Buena Vista charter of nineteen hun-
dred fifty-two, herein contained shall be construed to refer to such specific
section or subsection as the same may be now or hereafter amended.

2. §§ 5.907 through 5.910 of Chapter 325 of the Acts of Assembly of
1952, approved March 12, 1952, are hereby designated as Articles 5A
of that chapter and are entitled

“ARTICLE 5A POLICE DEPARTMENT.”
8. §§ 5.8, 5.9, and 5.901 through 5.906 of Chapter 325 of the Acts of
Assembly of 1952, approved March 12, 1952 are repealed.
4. An emergency exists and this act is in force from its passage.