Chap. 24.—An ACT to amend and re-enact an act to provide in cities con-
taining 70,000 inhabitants or more for the election of a special justice
of the peace, to be known as the civil justice, to prescribe his juris-
diction and duties and to fix his compensation; and to authorize the
issue by other justices of the peace in said cities of warrants cognizable
by said civil justice, approved March 5, 1908.

Approved February 14, 1910.

1. Be it enacted by the general assembly of Virginia, That an act en-
titled an act to provide in cities containing seventy thousand inhabitants
or more for the election of a special justice of the peace, to be known as
the civil justice, to prescribe his jurisdiction and duties, and to fix his
conpensation ; and to authorize the issue by other justices of the peace in
said cities of warrants cognizable by said civil justice, approved March
fifth, nineteen hundred and eight, be amended and re-enacted so as to
read as follows:

§1. Election and term.—There shall be elected by the joint vote of
the two houses of the general assembly for each city of this Common-
wealth containing forty-five thousand inhabitants or more a special jus-
tice of the peace, to be known as the civil justice, who shall hold office for
a term of six years, and until his successor has been qualified, unless
sooner removed, as hereinafter provided. A certificate of such election
shall be issued in the manner prescribed by law for judges of courts of
record: provided, however, that for determining for the purposes of
this act the population of any city the latest United States census shall

overn.
° §2. Qualifications.—Such justice, at the time of his election, shall have
practiced law in this State for at least five years, shall, during his term
of office reside in the city for which he is elected, and shall not, during
the said term, practice law or hold any office of public trust.

83. Oath.—Such justice, before entering upon the performance of
his duty, shall take the official oath required by law before the circuit
court of the city for which he is appointed, or the judge thereof in vaca-
tion. He shall also enter into bond in the penalty of two thousand dol-
lars before said circuit court, or judge thereof in vacation, with surety
to be approved by said court or judge, and conditioned for the faithful
performance of his duties as such civil justice.

S4, Salary.—Such justice shall reccive a salary of not less than twenty-
four hundred dollars per annum, to be paid in monthly installments out
of the treasury of the city, for which he is elected; and he shall receive
no other compensation for his services as such justice: provided, how-
ever, that no installment of his salary shall be paid except upon his cer-
tificate in writing that he has disposed of all cases which were submitted
to him for decision more than thirty days previous to the date upon
which said installment falls due.

§5. Disability, etcetera, of justice——The court of such justice shall be
open for the transaction of business every day in the year, except Sun-
days and legal holidays, but he shall be allowed a vacation period of not
more than four weeks, between July first and October first. The judge
of the corporation or hustings court of each of said cities shall, by proper
order of record, appoint as substitute civil justice a person with like qual-
ifications as the civil justice, and may at any time revoke such appoint-
ment, and may make a new appointment in like manner in the event of
such revocation, or of the death, absence or disability of such civil jus-
tice. In event of the inability of the civil justice to perform the duties
of his office by reason of sickness, absence, vacation, interest in the claim,
or parties, or otherwise, such substitute civil justice shall perform the
duties of the office during such absence or disability, and shall receive
for his services compensation at the rate of not less than ten dollars per
day, the account for such services to be approved by the corporation or
hustings court. While acting as such, either the civil justice or the sub-
stitute civil justice may issue executions upon, grant new trials, hear
motions, and perform other acts in reference to the judgments and pro-
ceedings of the other in the same manner as if they were his own.

$6. Removal from office.—Such justice may be removed, in the man-
ner prescribed by law for the removal of judges of courts of record, for
incompetency, neglect of duty, corruption in office or failure to decide
with reasonable promptness any claim pending before him.

§7. Vacancy.—Any vacancy occurring in said office during the recess
of the general assembly shall be filled by the appointment by the gover-
nor, of a person of like qualifications.

§8. Jurisdiction.—The said justice shall have jurisdiction of any claim
to specific personal property of less value than three hundred dollars, or
to any debt, fine, or other money, or to damages for any breach of con-
tract, or for any injury done to property, real or personal, which would
be recoverable by action at law, or suit in equity, if such claims be less
than three hundred dollars, inclusive of interest, at the date of the insti-
tution of the suit; and shall also have all the civil jurisdiction now pos-
sessed by the police justices or justices of the peace, in such cities with
respect to cases and proceedings of forcible or unlawful entry or de-
tainer; and neither the police justice, nor any other justice of the peace,
in such cities, shall hereafter exercise such jurisdiction as is herein con-
ferred on said civil justice except as hereinafter provided.

§9. Issue of warrants.—A warrant within the jurisdiction above con-
ferred upon such civil justice may be issued hy any justice of the peace
of his city, except said civil justice and the police justice, but when so
issued it shall be returnable only before such civil justice for trial and
determination.

$10. Costs, etcetera.—At or before the time of hearing had before such
civil justice on any claim the plaintiff (in such claim) shall pay to the
said civil justice a trial fee of fifty cents for each hundred dollars of
value, or fraction thereof, claimed in such warrant. The trial fee shall
be taxed as a part of the costs. Said civil justice shall monthly pay into
the treasury of his city all trial fees collected by him.

§11. Procedure.—All procedure under this act, except so far as herein
otherwise provided, shall conform to the chapter concerning warrants
for small claims, being chapter one hundred and forty of the Code of
Virginia, as amended ; except that either party may require the adverse
party to file the particulars of the claim, or the grounds of defense as
provided in section thirty-two hundred and forty-nine of the Code of
Virginia ; and except that the proceedings in a cause wherein an infant or
insane person is a party shall not be stayed because of such infancy or
insanity, but the civil justice before whom such suit is pending shall
appoint some discreet and competent attorney-at-law as guardian ad
litem to such infant or insane defendant, whether such defendant shall
have been served with process or not; or if no such attorney be found
willing to act, the civil justice shall appoint some other discreet and
proper person as guardian ad litem, who shall faithfully represent the
interest or estate of the infant or insane person for whom he is appointed;
but the said guardian ad litem so appointed shall not be liable for cosis.
The civil justice rendering any judgment may issue a writ of fieri facias
thereon immediately if there be not a new trial granted, nor an appeal
allowed, nor a stay of execution; and the said justice may from time to
time renew such writ either before or after the expiration of one year
from the date of the judgment. The provision in reference to a war-
rant against a non-resident of such corporation shall not apply to any
warrant or suit brought prior to the passage of this act. :

§12. Removal] and appeal.—No claim returnable before such justice
shal] be removed to any other court, but from every judgment of said jus-
tice in claim exceeding twenty dollars, exclusive of interest, there shall be
an appeal rs of right to any of the courts exercising general original com-
mon law jurisdiction in such civil cases in said cities, or to such courts as
had on January first, nineteen hundred and ten, appellate jurisdiction
from judgments rendered by justices in causes of which they had cogniz-
ance under section twenty-nine hundred and thirty-nine of the Code of
Virginia, respectively, and all such appeals shall be tried and judgment
rendered as provided by section twenty-nine hundred and fifty-seven of
the Code of Virginia and acts amendatory thereof; but no appeal shall
be granted unless and until the party applying for the same has given
bond, with sufficient surety to be approved by the said justice, to abide
the judgment of the court upon the appeal. The party taking such ap-
peal may direct to which of said courts said appeal shall be sent for trial,
and in the absence of such directions, the said justice may send the same
to any court having jurisdiction, and the clerk of said court, upon re-
ceipt of the papers in any appeal case, shall, upon payment of the writ
tax, forthwith dockct such case in its regular order; but if said writ tax
be not so paid within thirty days from the date of the judgment the
said appeal shall, therefore, stand dismissed, and said judginent shall be-
come final, and the said papers, upon application of any party in interest,
shall be returned to the said civil justice by the clerk of the appellate
court ; but appeal cases shall not have preference over other cases pending
in such courts as regards the time of trial.
£13. Dismissal of claims.—If any claim shall have been pending be-
fore such justice sixty days he shall notify the parties that the same will
be dismissed in ten days thereafter, unless good cause can be shown to
the contrary; and unless such cause be shown, such justice shall forth-
with dismiss such claim.

All papers connected with any of the proceedings in the trial of cases
before such civil justice, except such as may be removed on appeal, shall
remain in the office of said civil justice and shall be properly indexed
and filed and preserved.

$14. Rules of practice.—Such justice shall have the power to make
and enforce such reasonable rules of practice as are not in conflict with
law.

815. Court room, books and stationery.—Each of such cities shall
provide a suitable court room and office for such civil justice, and shall
furnish al] necessary books and stationery. Such books shall be under
the control of such civil justice and shall remain the property of such
cities.

$16. Bailiff.—The said civil justice shall appoint a bailiff for his said
court, who shall hold his office until removed by the said civil justice.
The said bailiff shall have charge of the civil justice’s court room and
office, and the furniture and other property contained therein; and be
held responsible for the safekceping and proper protection of the same.
He shall have the care of keeping, cleaning, warming and lighting the
said room and office. He shall attend all courts held by the said civil
justice and shall perform such other services as may be required of him
by the said civil justice. The said bailiff shall have the power and author-
ity of a police officer and shall receive for his services such compensa-
tion as the respective city councils shall fix, to be paid out of the treas-
ury of his said city. | )

817. Beginning of terms.—All civil justices elected under this act
shall enter upon their duties the first day of March next succeeding
their election, and all proceedings of whatever nature pending before any
police justice or justice of the peace in said cities, under chapter one
hundred and forty of the Code of Virginia, shall be forthwith trans-
ferred for further procedure and determination to the said civil jus-
tices, respectively.

£18. The term of any civil justice heretofore elected under the said
act, approved March fifth, nineteen hundred and eight, shall terminate on
March first, nineteen hundred and ten, and his successor shall, upon the
passage of this act, be elected for a term of six years as herein provided.

§19. All acts, parts of acts or charter provisions in conflict with this
act are hereby repealed.

§20. This act being designed to supply certain omissions and to make
certain desirable amendments to the act providing for the election of a
civil justice in certain cities in this Commonwealth, and prescribing his
jurisdiction and duties, and as the orderly administration of justice has
been retarded by reason of said omissions, an emergency is declared to
exist, and this act shall take effect from its passage.