CHAPTER 615

An Act to amend and reenact §§ 3.02, 8.03, 3.09, 18.01, 18.02, 18.08, 18.04,
13.05, 18.07 and 18.08 of Chapter 9, of the Acts of Assembly, of 1952
Extra Session, approved December 16, 1952, which chapter provided
a new charter for the city of Hampton, and to amend said chapter by
adding new sections numbered 2.04, 3.11, 3.12, 11.02 and 14.04:1, the
amended and new sections relating to: unclaimed funds in courts of
record; vacancies in office of councilmen; compensation of councilmen;
vacancies in constitutional offices; compensation of members of any
authority; certain powers; compensation of school board members;
courts not of record; appointment, qualification and compensation of
judges and substitute judges; clerks of the courts; administration of
fees, costs and fines; appointment of justices of the peace; and estab-
lishing the Court of Law and Chancery of the city of Hampton; and
to repeal §§ 138.09 and 13.10 of said chapter, relating to judge of
juvenile and domestic relations court and justices of the peace.

[H 339]

Approved April 2, 1962

Be it enacted by the General Assembly of Virginia:

1. That §§ 3.02, 3.03, 3.09, 13.01, 13.02, 18.038, 13.04, 13.05, 18.07 and
13.08 of Chapter 9, of the Acts of Assembly of nineteen hundred fifty-two
Extra Session, approved December sixteen, nineteen hundred fifty-two, be
amended and reenacted, and to amend said chapter by adding new sections
numbered 2.04, 3.11, 3.12, 11.02 and 14.04:1, the amended and new sections
being as follows:

§ 2.04. Unclaimed funds in Courts of Record.

Whenever any money shall have remained dormant for seven years
or more in the custody or under the control of any of the courts of record
or the clerks thereof in the city of Hampton without any claim having
been or being asserted thereto such court shall, where the amount is one
hundred dollars or more, cause a publication to be made once a week for
two successive weeks in a newspaper of general circulation published in
the city, setting forth the amount of such money, the source from which
ait was derived and the proceeding in which it is held, and requiring all
persons having any claim to said money to appear before said court
within such time after the completion of the publication as the court
may prescribe, and establish their clam. If no person shall appear and
Show title in himself the court shall order the money, after deducting
therefrom the costs of such publication if such publication 1s made, and
any other proper charges, to be paid into the treasury of the city and a
proper receipt for the payment to be taken and filed among the records
of the proceeding. If the sum be less than one hundred dollars, the court
shall direct the same to be paid into the treasury of the city, and a proper
receipt for the payment taken and filed among the records of the
proceeding.

The director of finance shall, in a book provided for the purpose,
keep an account of all money thus paid into the city treasury, showing
the amount thereof, when, by whom, and under what order it was paid,
and the name of the court and as far as practicable a description of the
suit or proceeding in which the order was made and, as far as known, the
names of the parties entitled to said funds. Money thus paid into the
treasury of the city shall be paid out, on the order of the court having
jurisdiction of the proceeding, to any person entitled thereto who had not
asserted a claim therefor in the proceeding in which it was held upon
satisfactory proof that he is entitled to such money. The net amount
thereof, after deducting costs and other charges, shall be paid to the
claimant out of the treasury of the city on the warrant of the director
of finance. No claim to such money shall be asserted after ten years from
the time when such court obtained control thereof, provided, however,
tf the person having such claim was an infant, insane, or imprisoned at
the time the claim might have been presented or asserted by such person,
claim to such money may be asserted within five years after the removal
of such disability.

§ 3.02. Vacancies in office of councilman. _

Vacancies in the office of councilman from whatever cause arising
shall be filled for the unexpired portion of the term by a majority vote of
the remaining members of the council, or if the council shall fail to act
within sixty days of the occurrence of the vacancy, by appointment of the
* senior judge in time of service of the courts of record of the city
of Hampton.

§ 3.03. Compensation of councilmen.

Councilmen shall receive the sum of one hundred fifty dollars per
month as compensation for their services. The mayor shall receive two
hundred dollars per month.

No member of the council shall during the term for which he was
elected or for one year thereafter be appointed to any office of profit under
the government of the city.

§ 3.09. Vacancies in constitutional offices.

Vacancies in the offices of treasurer, commissioner of the revenue,
city sergeant, clerk of the circuit court and the attorney for the Common-
wealth shall be filled by the * senior judge in time of service of the courts
of record of the city of Hampton, in accordance with the provisions of
general law.

§ 3.11. Compensation of members of any authority.

Notwithstanding any provision of law to the contrary, the councu
of the city may authorize the compensation of each member of any
authority, board, agency or commission, including the Housing Authority
or Planning Commission, created by the council of the city of Hampton
and existing in the city to be compensated in an amount not to exceed
fifty dollars per month and such amount shall be deemed to be a part of
the operating expense of such authority, board, agency, or commission.

§ 3.12. Powers.

The powers set forth in §§ 15-77.5 through and including 15-77.70 of
Chapter 5.1 of the Code of Virginia as in force on January one, nineteen
hundred sixty-two, are hereby conferred on and vested in the city of
Hampton, except that § 55-77.59.1 of Chapter 5.1 of the Code of Virginta
as in force on January one, nineteen hundred sixty-two, shall not be
applicable to the powers herein granted.

§ 11.02. Compensation of school board members.

The School Board shall pay each of its members an annual salary
not to exceed six hundred dollars, payable at the rate of fifty dollars for
each month of service.

§ 13.01. * Courts.

There shall be a criminal, and juvenile and domestic relations court,
and there shall be a traffic and civil court. Each of such courts shall have
all the duties, powers and jurisdiction as conferred upon similar municipal
courts not of record and juvenile and domestic relations courts, as pro-
vided by general law.

§ 13.02. * Judges and Substitute Judges.

There shall be a judge of the criminal and juvenile and domestic
relations court, and there shall be a judge of the traffic and civil court,
both of whom shall be appointed by the council of the city of Hampton for
a term of four years. There shall be two or more substitute judges
appointed by the city council for terms concurrent with the judges of
such courts. Said substitute judges may act in place of either of the
aforesaid judges upon the request of either of the judges, or upon the
death, disability or absence of the aforesaid judges. The division of cases
between the two courts shall be in the discretion of the presiding judges.
The judge of the criminal, and juvenile and domestic relations court may
act in the place of the judge of the traffic and civil court, and when so
acting, shall be vested with all of the power and jurisdiction conferred
upon the judge of the traffic and civil court, upon the request of, or upon
the death, disability or absence of the judge of the traffic and civil court.
The judge of the traffic and civil court may act in the place of the judge
of the criminal and juvenile and domestic relations court, and when so
acting, shall be vested with all of the power and jurisdiction conferred
upon the judge of the criminal, and juvenile and domestic relations court,
upon the request of, or upon the death, disability or absence of the judge
of the criminal, and juvenile and domestic relations court. The jurisdiction,
power, authority and duties of the judges shall otherwise be the same as
are now, or may hereafter be, conferred and imposed upon judges of
courts not of record and juvenile and domestic relations courts in cities
by general law. Rules of procedure, removals and appeals shall likewise
conform to general law. A substitute judge serving in the place of a judge
shall be vested with the same jurisdiction, power and authority as the
judge for whom he is serving, and shall be responsible for the same duties
as the gudge for whom he is serving.

§ 13.03. * Qualifications of Judges and Substitute Judges.

All judges and substitute judges shall reside in the city of Hampton
at the time of their appointment and during their terms of office. AU
judges and substitute judges shall be attorneys at law qualified to practice
law in this Commonwealth.

§ 138.04. * Oath, Bond and Compensation.

Judges and substitute judges shall take the oath prescribed by law,
and shall receive such compensation and give such bond as the councu
shall ordain. Salaries shall be paid out of the city treasury.

§ 13.05. * Clerks.

There shall be a clerk of the criminal, and juvenile and domestic rela-
tions court; and there shall be a clerk of the traffic and civil court. There
shall be such deputy clerks as the judges from time to time shall appoint.
All clerks and deputy clerks shall serve at the pleasure of the judges of the
respective courts, and shall give such bond as the judges of the respective
courts shall designate, which in no event shall be less than that required
by general law.

§ 13.07. Fees, Costs and Fines.

* All papers connected with any civil action or proceeding, and all
papers connected with any criminal proceeding for a violation of city
ordinances shall be properly indexed, filed and preserved by the court in
which they are tried. The judge in whose clerk’s office such papers are
filed may authorize such papers to be destroyed and disposed of at such
times as he may deem appropriate. The filing fees, other fees, costs and
jines shall be assessed, fixed and collected by the judges of the respective
courts and shall be paid into the city treasury for the benefit of the city;
provided, however, that fees, costs and fines arising out of State cases shall
be paid to the proper officials of the State. All forfeitures and confiscations
made in city cases shall be turned over to the proper city officials for dis-
position; and all forfeitures and confiscations made in State cases shall be
turned over to the proper State officials for disposition.

§ 13.08. * Justices of the Peace.

The senior judge in time of service of the courts of record shall deter-
mine the number of justices of the peace required and appoint each for a
term of four years.

§ 14.04:1. Court of Law and Chancery.

There shall be established for the city of Hampton, a court of law and
chancery of the city of Hampton, Virginia, which court shall have juris-
diction concurrent with the circuit court of the city of Hampton, except
that said court shall have no criminal jurisdiction, either original or ap-
pellate, no jurisdiction for the probate or recordation of wills and no juris-
diction for the appointment, qualification and renewal of fiduciaries or the
settlement of their accounts, save where it may be necessary to appovnt
a fiduciary in a matter pending in such court, and no jurisdiction for the
docketing of judgments or the recordation of deeds or other papers re-
quired or authorized by law to be recorded.

2. That §§ 13.09 and 13.10 of Chapter 9 of the Acts of Assembly Extra
Session, nineteen hundred fifty-two, approved December sixteen, nineteen
hundred fifty-two, are repealed.

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