CHAPTER 3

An Act to make the city of Radford a part of the thirty-sixth judicial
circuit; to establish a circuit court for said city; to make the judge of
the thirty-sixth judicial circuit the judge of said circuit court; to
prescribe the jurisdiction of said circuit court; to transfer to said
court all suits, actions, proceedings and matters pending in the cor-
portion court; to provide for the clerk, city sergeant and Common-
wealth’s attorney of said circuit court; to transfer to the clerk’s office
of said circuit court and make parts of the records therein, all record
books, papers and records of and in the clerk’s office of said corpora-
tion court; to repeal certain acts; and to provide when this act shall

be in force.
[S. B. 9]

Approved February 1, 1956

Be it enacted by the General Assembly of Virginia as follows:

1. §1. The city of Radford is hereby made, and declared to be, a part
of the thirty-sixth judicial circuit, and there is hereby established a circuit
court for said city, under the designation of the circuit court of the city
of Radford. The judge of the thirty-sixth judicial circuit shall be the
judge of the circuit court of the city of Radford.

§ 2. There is hereby transferred to and vested in the circuit court of
the city of Radford all jurisdiction and authority heretofore vested by law
in the corporation court of said city, of and concerning all cases, matters
and proceedings, both civil and criminal, arising within said city, and said
circuit court shall also have all such jurisdiction and authority of and
concerning all such cases, matters and proceedings, both civil and criminal,
arising within said city, vested by law in circuit courts, which may not
have been vested in said corporation court, and shall also have concurrent
jurisdiction with the circuit court of Montgomery County, of and over all
criminal offenses committed within one mile of the corporation limits of
said city.

§ 3. The clerk of the corporation court, the Commonwealth’s attorney,
the city sergeant and the other officers of the corporation court, elected or
appointed, shall continue as officers of the circuit court of Radford during
the remainder of the terms for which they were elected or appointed, and
their successors shall be elected or appointed as provided by the charter of
said city and the laws of this State. The sergeant of said city shall have
authority to serve any and all processes emanating from said circuit court,
or the clerk’s office thereof, with like effect as if they were served by a
sheriff ; and said sergeant shall attend upon the terms of said circuit court,
perform similar services and duties as sheriffs attending circuit courts and
have the compensation provided by the laws of this State, for his services.

§ 4. All suits, actions, proceedings and matters both of a civil and
criminal nature, pending in said corporation court, are hereby transferred
to the said circuit court and shall be treated and considered as pending
therein, and the papers and records in all such suits, actions, matters and
proceedings in which final decrees, judgments and orders have been made
and entered by and in the said corporation court, are hereby transferred
to the clerk’s office of said circuit court, and shall become and be part of the
records therein, and all books of whatever nature, in the clerk’s office of
said corporation court, wherein are recorded, entered or docketed deeds,
court orders, judgments and other writings or proceedings of any nature
whatsoever, and all papers returned to and filed in said clerk’s office, are
hereby transferred to, and made records of the clerk’s office of said circuit
court, and all such deeds, judgments and other writings shall be treated
and considered as if they had been recorded, entered or docketed in the
clerk’s office of said circuit court, and all such court orders shall be treated
anes eoneniere as if they had been made and entered by the said circuit
court.
§ 5. The provisions of §§ 1 through 4 hereof, relating to the abolition
of the corporation court for the city of Radford and the transfer from the
corporation court of such city to the circuit court of such city of the matters
hereinabove set forth shall apply as hereinafter set forth. The judge of
the corporation court of the city shall enter an order requiring the election
officials of the city to submit to the qualified voters the following question:
Shall the corporation court of the city of Radford be abolished?

OO For
O Against

On the date specified in the order the election officials of the city shall
proceed in accordance with the order of the court. The provisions of
§ 24-141 of the Code of Virginia shall apply to the holding of such refer-
endum and, insofar as applicable, the other provisions of Chapter 9 of
Title 24 of the Code. If a majority of the voters voting in the election vote
for the abolition of the corporation court of the city the judge thereof shall
enter an order setting forth the results of such election whereupon the
corporation court shall stand abolished and the provisions of §§ 1 through
4 hereof shall apply. If it appear that a majority of the voters voting in
said election vote against the abolition of the corporation court the judge
thereof shall enter an order setting forth the results of said election and
the provisions of §§ 1 through 4 shall not apply.

2. All acts and parts of acts inconsistent with this act, are hereby re-
pealed to the extent of such inconsistency, in so far as the circuit court of
the city of Radford may be concerned.

3. An emergency exists and this act shall be in force from its passage.