CHAPTER 92

AN ACT to amend and reenact § 2 of Chapter 4 and § 2 of Chapter 6 of
Chapter 198 of the Acts of Assembly of 1950, approved March 14,
1950, which provided a new charter for the city of Martinsville, the
sections relating, respectively, to the trial justice and officers of the

city.
[S 6]
Approved February 24, 1958

Be it enacted by the General Assembly of Virginia:
1. That § 2 of Chapter 4 and § 2 of Chapter 6 of Chapter 193 of the Acts
of eeu of 1950, approved March 14, 1950, be amended and reenacted
as follows:
§ 2. The council, by majority vote, may appoint a trial justice for
the said City, who shall serve for four (4) years from the date of his
appointment and until his successor is appointed by the council and
qualifies. The trial justice shall be an attorney at law qualified and au-
thorized to practice in the State of Virginia and shall be above the age
of twenty-six (26) years. .

Said trial justice is hereby vested with all the power, authority and
jurisdiction and charged with all the duties within and for the city of
Martinsville, and in criminal matters for one mile beyond the corporate
limits thereof, which are, or may hereafter be, conferred upon trial
justices by the laws of the State of Virginia, so far as the same may be
applicable and not in conflict with the provisions of this charter; and any
amendments of the trial justice laws of this State shall be considered as
amendments also of this section of this charter, if the same are appli-
cable hereto. The trial justice shall also be the juvenile and domestic
relations judge of said City and his jurisdiction, powers, authority, and
duties shall be the same as are now conferred and imposed upon trial
jushiees by the laws of Virginia and the amendments thereto or hereafter
enacted.

Fees and costs shall be assessed by the trial justice and shall be
collected as provided by the laws of the State of Virginia relating to trial
justices as the same shall now be or as hereafter amended. All fees and
costs collected for the City by the said trial justice and all fines collected
for violations of all laws and ordinances of the City shall be paid into
the City treasury for the use and benefit of the City.

Removals may be taken, and appeals from the decisions of the trial
justice may be taken, to the Circuit Court of the City of Martinsville or
the Corporation Court of the said City, in the same manner, and upon
the same terms, and shall be tried in the same way as removals, or as ap-
peals from the decision of trial justices are now provided to be taken and
tried by the laws of the State of Virginia, relating to trial justices, or as
the same shall be hereafter amended.

The council of said City shall provide a salary to compensate such
trial justice in such amount and payable at such times as the council shall
deem proper, and the council may provide also for a vacation period,
either with or without pay, and for such duration, as in the judgment of
the council may be proper.

The council shall in the same manner appoint a substitute trial
justice for the City, whose term of office shall run concurrently with that
of the trial justice, and whose qualifications shall be the same as those
imposed on and required of the trial justice. He shall act for and in the
place of the trial justice when the trial justice is absent from the City, or
unable to perform his duties for any reason; and when such substitute
acts, he shall receive the compensation which would have been paid the
trial justice had the trial justice acted, and which compensation shall be
deducted from the salary or allowance made to the trial justice.

The council may, by ordinance, impose upon the trial justice such
other duties as it may deem proper and expedient, including the time and
place of holding court.

The trial justice shall not practice law in the trial justice court, but
this provision shall not apply to the substitute. The trial justice, during
his term as such, shall hold no other municipal office, nor shall he be
eligible to hold any Federal or State political office.

Subject to the provisions of this charter, the trial justice shall be
under the general supervision of the Circuit or Corporation Court of the
City or if there be two or more such Courts then the one exercising criminal
jurisdiction is hereby designated.
The trial justice and the substitute shall, before assuming office, give
Aiden in like manner as provided for trial justices under the laws of

irginia.

The council may also provide by ordinance for the appointment of a
clerk of the trial justice court, whose term of office, qualifications, duties,
liabilities, and compensation shall be provided for in such ordinance and
amendments thereto.

Nothing contained herein shall prevent the city of Martinsville from
combining with the county of Henry for the use of one trial justice and one
substitute trial justice for such combined City and County, in such
manner as may be provided by * law. * The laws of the State of Virginia
relating to trial justices as far as applicable shall control in the event of
such combination and not this section of this charter; provided, however,
that the combination of the said City with the said County for the use of
one trial justice and one substitute trial justice shall not prevent the
council of the City at any time thereafter it shall desire so to do from
withdrawing the city of Martinsville from such combination by a vote
of the council and appointing a trial justice and a substitute trial justice
for the city of Martinsville under the provisions of this charter, notwith-
standing anything in the trial justice laws of Virginia to the contrary.

Chapter-6

§ 2. If any person, having been an officer of such City, shall not
within ten (10) days after he shall have vacated, or been removed from
office, and upon notification or request of the clerk of the council * deliver
over to his successor in office all property, books and papers belonging
to the City, or appertaining to such office in his possession or under his
control, he shall forfeit and pay to the City the sum of Five Hundred
Dollars, to be sued for and recovered with costs; and all books, records and
documents used in any such office by virtue of any provision of this act,
or of any ordinance or order of the City council, or any superior officer
of the said City, shall be deemed the property of the said City and apper-
taining to said office, and the chief officer thereof shall be responsible
therefor.

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