Chap. 64.—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
jurisdiction and duties and to fix his compensation; and to authorize
the issue by other justices of the peace in said cities of warrants cogni-
zable by said civil justice, approved March 5, 1908, as amended and re-
enacted by an act approved February 14, 1910, and as amended and
re-enacted by an act approved March 14, 1912, by (1) increasing the
salary limit of said civil justice; (2) providing for interrogatories under
executions issued by said civil justice; (3) creating the position of
clerk to said civil justice, and (4) giving said civil justice certain
powers in matters of contempt; (5) by enlarging the jurisdiction of
said civil justice in interpleader proceedings and otherwise. (H. B. 7.)

Approved March 10, 1914.

1. Be it enacted by the general assembly of Virginia, That
an act entitled an act to provide in cities containing seventy thou-
sand 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 compensation; 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, as amended and re-enacted by an act approved February
fourteenth, nineteen hundred and ten, and as amended and
re-enacted by an act approved March fourteenth, nineteen hundred
and twelve, be amended and re-enacted so as to read as follows:

Sec. 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
Commonwealth containing forty-five thousand inhabitants or more
a special justice 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 judge 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 govern.

Sec. 2. Qualifications.—Such justice, at the time of his elec-
tion, 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.

Sec. 3. Oath.—Such justice, before entering upon the perform-
ance 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 vacation. He shall also enter into bond in the penalty
of two thousand dollars 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.

Sec. 4. Salary.—Such justice shall receive a salary of not less
than three thousand 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; and the councils of said cities, or other authorized body or
persons, are hereby authorized and empowered to enact such ordi-
nances or pass such resolutions as may be necessary to carry into
effect the provisions of this section; provided, however, that no
installment of his salary shall be paid, except upon his certificate
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.

Sec. 5. Disability, et cetera, of justice—The court of such jus-
tice shall be open for the transaction of business every day in the
year, except Sundays and legal holidays, but he shall be allowed a
vacation period of not more than four weeks. 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
qualifications as the civil justice, and may at any time revoke such
appointment, and may make a new appointment in like manner
in the event of such revocation, or of the death, absence or dis-
ability of such substitute civil justice. 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 substitute civil justice may issue executions upon, grant new
trials, hear motions, and perform other acts in reference to the
judgments and proceedings of the other in the same manner as if
they were his own.

Sec. 6. Removal from office——Such justice may be removed,
in the manner 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.

Sec. 7. Vacancy.—Any vacancy occurring in said office during
the recess of the general assembly, shall be filled by the appoint-
ment by the governor, of a person of like qualifications.

Sec. 8. Jurisdiction—The said justice shall have jurisdiction
of any claim to specific personal property of less than three hundred
dollars, or to any debt, fine, or other money, or to damages for any
breach of contract, or for any injury done to the person or property,
real or personal, which would be recoverable by action at law, or
suit in equity, if such claims be Jess than three hundred dollars,
inclusive of interest, at the date of the institution of the suit; and
shall also have all the civil jurisdiction now possessed by the police
justices or justices of the peace, in such cities, and, in addition, in
claims arising under section two thousand nine hundred and fifty-
four of the Code of Virginia, as amended, the jurisdiction of the
civil justice is extended to cases where the value of the property
levied on is less than three hundred dollars, and neither the police
justice, nor any other justice of the peace, in such cities, shall here-
after exercise such jurisdiction as is herein conferred on said civil
justice, except as hereinafter provided.

Sec. 9. Issue of warrants.—A warrant within the jurisdiction
above conferred upon such civil justice may be issued by 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.

Sec. 10. Costs, et cetera.—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 war-
rant. 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.

Sec. 11. Procedure—All procedure under this act, except so
far as herein otherwise provided, shall conform to the chapter con-
cerning 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 pro-
ceedings 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 costs.
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 expira-
tion of one year from the date of the judgment.

Sec. 12. Removal and appeal.—No claim returnable before
such justice shall be removed to any other court, but from every
judgment of said justice where the amount involved, exclusive of
interest, exceeds twenty dollars, there shall be an appeal as of right
to any of the courts exercising general original common law juris-
diction 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 cog-
nizance 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 appeal 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
receipt of the papers in any appeal case, shall, upon payment of
the writ tax, forthwith docket 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 judgment shall become final, and the said papers, upon appli-
cation 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.

Sec. 18. Dismissal of claims.—If any claim shall have been
pending before 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 can be
shown such justice shall forthwith dismiss such claim. All papers
connected with any of the proceedings in the trial cases before such
civil justice, excepting such as may be removed on appeal, shall
remain in the office of the said civil justice and shall be properly
indexed and filed and preserved, and the constable or sergeant
serving said papers shall at the time of or before such service, collect
from the plaintiff in said claim the sum of twenty-five cents, to be
daily turned over by said constable or sergeant to said civil justice
and taxed as costs for the filing and indexing said papers, and said
civil justice shall monthly pay into the treasury of his city all such
fees so paid to him. The charge of twenty-five cents provided for
in this section shall not apply to any city having a population of
one hundred thousand or more.

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

Sec. 15. Courtroom, books and stationery.—Each of such cities
shall provide a suitable courtroom, and office for such civil justice,
and shall furnish all necessary books and stationery. Such books
shall be under the control of such civil justice and shall remain the
property of such cities.

Sec. 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 courtroom and office, and the furniture and other prop- .,

erty contained therein; and be held responsible for the safekeeping

and proper protection of the same. He shall have the care of keep- .

ing, cleaning, warming and lighting the said room and cttice. He
shall attend all courts held by the said civil justice and shall per-

form such other services as may be required of him by the said civil .
justice. The said bailiff shall have the power and authority of a -

police officer, and shall receive for his services such compensation .

as the respective city councils shall fix, to be paid out of the treasury
of his said city. Provided, that in cities of seventy thousand inhab-
itants or more, and less than one hundred and twenty thousand
inhabitants, the salary of said bailiff shall not exceed six hundred
collars per year, to be paid in monthly installments of fifty dollars
a month.

Sec. 17. 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 Vir-
ginia, shall be forthwith transferred for further procedure and
determination to the said civil justices, respectively.

Sec. 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.

Sec. 19. Proceedings upon interrogatories.—Any such justice
may issue the summons provided for by section thirty-six hundred
and three of the Code of Virginia, when the first facias upon any
final judgment heretofore or hereafter rendered, was issued by him.
In such case such justice shall have all the powers and authority,
respecting interrogatories, conferred by any section of chapter one
hundred and seventy-six of said Code upon any court or judge
mentioned therein. And the commissioner before whom any person
is required to appear by such summons, issued by any such justice,
shall have the same powers and authority as if said summons had
been issued by the judge of a court of record. All interrogatories,
answers, reports and other proceedings under such summons, and
also all money, evidences of debt and other security in the hands
of an officer, which are directed by any section of said chapter one
hundred and seventy-six of the Code of Virginia to be returned or
delivered to such court or judge, or to the clerk’s office of such
court, shall, when the said summons was issued by such justice, be
returned or delivered in like manner to said justice. From any
order made pursuant to this section of this act by any such justice,
which shall involve the disposition of any money or property
exceeding in value fifty dollars, exclusive of interest, there shall
be an appeal in the same manner and upon the same conditions as
-in the case of appeals allowed from judgments upon claims ren-
dered by such justice.

Sec. 20. Contempts.—Said civil justice shall have the same
powers in matters of contempt as are conferred on courts and judges
by section thirty-seven hundred and sixty-eight of the Code of
Virginia, but in no case shall the fine exceed fifty dollars or the
imprisonment exceed ten days for the same contempt; provided,
that appeals from any such sentence shall be taken to such courts
as appeals from said civil justice in civil cases are now taken and
that the proceedings on such appeals shall conform in all other
respects to the provisicns of section thirty-seven hundred and
seventy of the Code of Virginia.

Sec. 21. Clerk.—-Said civil justices may appoint a clerk, who
shall perform such duties as may be prescribed by said civil jus-
tice and shall hold his office until removed by said civil justice. Such
clerk shall receive as compensation for his services, out of the
treasury of the citv for which said civil justice is elected, such
sum as said civil ‘justice may allow, not exceeding the sum of
eighteen hundred dollars in one year, in cities containing one hun-
dred and twenty thousand inhabitants or more, and cities con-
taining less population as may be included within the provisions
of this act such sum as said civil justice may allow not exceeding
the sum of twelve hundred dollars in one year. Said clerk shall
qualify before the civil justice who appoints him by taking the
oath prescribed by section one hundred and sixty-eight of the Code
of Virginia, and the oath prescribed by section one hundred and
sixty-nine of said Code. or section one hundred and seventy of said
Code, as may be proper, and shall at the same time give, before the
civil justice who appoints him, such bond as is required by section
one hundred and seventy-seven of the Code of Virginia, in a pen-
alty of not less than one thousand dollars, which bond shall be
preserved by said civil justice among the other papers of his court.
An office for said clerk shall be provided by said cities.

Sec. 22. All acts, parts of acts or charter provisions in conflict
with this act are hereby repealed.