CHAPTER 220

An Act to amend and reenact §§ 77 and 78 of Chapter 580 of the Acts of
Assembly of 1954, approved April 6, 1954, which chapter provided a
new charter for the town of Elkton, the amended sections relating,
respectively, to the trial justice and to warrant justices. rH 294]

Approved March 9, 1960

Be it enacted by the General Assembly of Virginia:

1. That §§ 77 and 78 of Chapter 580 of the Acts of Assembly of 1954,
approved April 6, 1954, be amended and reenacted as follows:

§ 77. The council may appoint pursuant to the provisions of § 16-129
of the Code of Virginia, a * police justice for the town who shall serve for
a term of two years or until his successor is appointed by the council and
qualifies. The mayor, or any * qualified voter of the town of Elkton, the
city of Harrisonburg, Rockingham County, or any town in Rockingham
County, whom the council deems qualified, may be appointed by it as such
* police justice. If the mayor is appointed as * police justice he shall dis-
charge such duties as the * police justice of the town under this charter
and not as mayor of the town, in addition to the execution of the duties
of the mayor imposed upon him by this charter; and his powers, duties,
authority and jurisdiction as such * police justice shall be as hereinafter
provided for the * police justice; he may receive the salary of mayor pro-
vided by the council for the discharge of his duties as mayor as well as
such salary of * police justice as may be provided by the council, if any.

The * police justice is hereby vested with the right and authority to
issue warrants, summon witnesses and try cases involving violations of
town ordinances, or the collection of town taxes or assessments, or any
other debts due and owing to the town.

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

Removals may be taken, and appeals from the decisions of the * police
justice may be taken, to the Circuit Court of Rockingham County in the
same manner, upon the same terms and shall be tried in the same way as
removals, or as appeals from the decision of * police justices, as the case
may be, are provided to be taken and tried by the laws of the State of
Virginia, relating to * police justices as the same shall now be or as here-
after amended. |

The council may also appoint such clerk or clerks as may in their
discretion be necessary, provide for just compensation therefor and pro-
vide necessary records.

The council of said town shall provide a salary to compensate such *
police 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.

Like provisions may be made for a substitute justice, and when such
substitute acts, he shall receive the compensation which would have been
paid him had the principal acted, and which compensation shall be de-
ducted from salary or allowance made to the principal. *

§ 78. The council may elect one or more special justices of the peace
to be known as warrant justices, who shall hold office during the pleasure
of the council and shall have such powers as are hereby conferred, and no
other. Such warrant justice or justices shall, at the time of his or their
election, and while holding such office, reside in the town, and no person
shall be ineligible to such office by reason of the fact that at the time of
his election or while holding such office he is an officer or employee of
the State or town unless to be justice of the peace while holding such office
o. employment is contrary to the general laws and Constitution of the

Every warrant justice, before entering upon the performance of his
duties, shall take the official oaths required by State law before the clerk
of the circuit court of the county.

Every warrant and attachment within the jurisdiction conferred upon
the * police justice by this charter may be issued by one of such warrant
justices, but every warrant so issued shall be made returnable before the
* police justice and shall, unless otherwise provided by law, be triable only
by him, or by the substitute * police justice, and every attachment so
issued shall be made returnable before the * police justice or the circuit
court of the county, as the law directs. Any such warrant justice may
also issue subpoenas for witnesses in cases to be tried by the * police
justice.

In the absence of the * police justice of the town, each warrant justice
shall have the same power to admit to bail persons as the * police justice
would have under general law of the State if present, shall collect the fees
therefor and shall report and pay same to the officer authorized to collect
fines imposed by the * police justice.

Such warrant justice or justices shall receive such salary or other com-
pensation as the council may from time to time prescribe by ordinance,
but no officer or employee in any department of the town government who
may be elected warrant justice shall receive any salary or other compen-
sation as such justice while he holds such other office or continues in such
other employment, unless and until the council specifically provides for
such salary or other compensation by ordinance.

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