Chap. 45.—An ACT to amend and re-enact an act entitled an act to provide
in cities containing 10,000 inhabitants and less than 45,000 inhabitants,
fur the election of a special justice of the peace to be known as the civil
and police justice, to prescribe his jurisdiction and duties, to authorize
the issue by other justices of the peace in said cities of warrants cog-
nizable by said civil and police justice, and to abolish the office of police
justice in said cities and towns and transfer the jurisdiction of such
justices in said cities to such civil and police justices, approved March
20, 1914. (H. B. 86)

Approved February 11, 1915.

1. Ke it enacted by the general assembly of Virginia, That an act
entitled an act to provide in cities containing ten thousand inhabitants
and less than forty-five thousand inhabitants, for the election of a special
Justice of the peace, to be known as the civil and police justice, to pre-
scribe his jurisdiction and duties, to authorize the issue by other justices
of the peace in said cities of warrants cognizable by said civil and police
Justice, and to abolish the office of police justice in sail cities and towns
and transfer the jurisdiction of such justices in said cities and towns to
such civil police justices, approved March twentieth, nineteen hundred
and fourteen, be amended and re-enacted so as to read as follows:

Sec. 1. Elections and terms.—In each city containing ten thousand
inhabitants and less than forty-five thousand inhabitants, as determined
by the latest United States census, there shall be elected by the qualified
voters of such city a special justice of the peace, to be known as the civil
and police justice, who shall hold office for a term of four years (subject
to the qualifications hereinafter provided in respect of the length of the
first term of said civil and police justice) and until his successor shall be
elected and qualified, unless sooner removed from office as hereinafter
provided. The first civil and police justice to be elected under the provi-
sions of this act shall be elected on the Tuesday after the first Monday in
November, nineteen hundred and fifteen, and their first terms of office
shall begin on the first day of January succeeding, and shall continue for
a period of two years to the first day of January, nineteen hundred and
eighteen, and thereafter their successors shall be elected on the Tuesday
after the first Monday in November, nineteen hundred and seventeen, and
every four years thereafter, and their terms of office shall begin on the
first day of January succeeding their elections.

Sec. 2. Qualifications—Such civil and police 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, hold any other office of public trust.

Sec. 3. Oath and Bond.—Such civil and police justice, before enter-
ing upon the performance of his duties, shall take the official oath re-
quired by law before the circuit, corporation or hustings court of the city
for which he is elected, or the judge thereof in vacation. He shall also
enter into bond in the penalty of two thousand dollars before said circuit,
corporation or hustings court, or the 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 and police justice. 7

Sec. 4. Compensation.—Such civil and police justice shall receive a
salary to be paid in monthly instalments out of the treasury of the city
for which he is elected, and the councils of such cities shall make pro-
vision therefor, and he shall receive no other compensation for his ser-
vices as such civil and police justice from said city; provided, however,
that no instalment of his salary shall be paid except upon his certificate
in writing that he has disposed of all cases that have been submitted to
him for decision more than thirty days previous to the date upon which
said instalment falls due. ‘The salary of such civil and police justice
shall be fixed by the councils of such cities.

Sec. 5. Disability, et cetera, of civil and police justices.—The court
of such civil and police justice shall be open for the transaction of busi-
ness every day in the year, except Sundays and legal holidays, but he shall
be allowed annually a vacation period of not more than one month be-
tween July first and October first. The judge of the corporation or hust-
ings court of each of said cities shall, by proper order of record, appoint
as substitute civil and police justice a person with like qualifications as
hereinbefore provided for the civil and police 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 and police justice. In the event of the in-
ability of the civil and police justice to perform the duties of his office
by reason of sickness, absence, vacation, interest in the claim, proceeding,
or parties before his court, or otherwise, such substitute civil and police
justice shall perform the duties of the office during such absence or dis-
ability, and shall receive for his services a per diem compensation equiva-
lent to one-twentieth of a monthly instalment of the salary of the civil
and police justice, payable out of the treasury of the city, the account for
such services to be approved by the corporation or hustings court. While
acting as such, either the civil and police justice or the substitute civil
and police justice, may perform all acts with reference to the proceedings,
judgments and proceeds of the other in any warrant, claim or proceeding
before the court of the civil and police justice in the same manner and
with the same force and effect as if they were his own.

Sec. 6. Removal from office.—Such civil and police justice may be re-
moved from office by the circuit court of the city for which he is elected,
or if there be no circuit court for said city, by the circuit court of the
county in which said city is situated, for incompetency, neglect of.duty,
corruption in office, or failure to decide with reasonable promptness war-
rants or claims, pending before him, and the fact of such removal shall
be certified by said court to the corporation or hustings court of the citv
for which such civil and police justice is elected. Before such civil and
police justice shall be so removed from office he shall have at least thirty
days’ notice of the charge or charges against him, and opportunity shall
be given him for defense. He shall be entitled to a trial by jury at his
election.

Sec. 7%. Vacancy.—Any vacancy occurring in the office of the civil
and police justice by death, resignation, or removal from office shall be
filled by the corporation or hustings court of the city for which such civil
and police justice is elected by appointment of a person having the quali-
fications hereinbefore provided for the civil and police justice, and such
person so appointed shall hold office until a successor shall be elected and
qualified. At the next general election after the occurrence of the vacan-
cy a successor of such civil and police justice shall be elected for the un-
expired term by the qualified voters of such city.

Sec. 8. Jurisdiction.—The jurisdiction of the civil and police jus-
tice shall be as follows:

Sub-section 1. The said civil and police justice shall be a conser-
vator of the peace within the corporate limits of the city for which he is
elected, and within one mile beyond the corporate limits of such city, and
within such limits shall have exclusive original jurisdiction for the trial
of all offenses against the ordinances of said city, and shall have concur-
rent jurisdiction with the corporation or hustings court of said city in all
cases of violations of the revenue laws of the State, and of all offenses aris-
ing under the provisions of chapter one hundred and eighty-seven, and of
sections thirty-eight hundred and one, thirty-eight hundred and two,
thirty-eight hundred and three, and thirty-eight hundred and four of the
Code of Virginia, and, except when it is otherwise specially provided,
shall have exclusive original jurisdiction for the trial of all other mis-
demeanor cases occurring within his jurisdiction; and in addition there-
to shall, in all offenses against the laws of this Commonwealth, possess
the jurisdiction and exercise all the powers conferred upon justices of the
peace and police justices by the laws of this State, in all which cases the
punishment may be the same as the mayor of any such city, or the cor-
poration or hustings cgurt thereof, is authorized to impose.

Sub-section 2. The said civil and police justice shall have jurisdic-
tion 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 contract, 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 institution of the suit; and shall also have all the civil juris-
diction now possessed by the police justices or justices of the peace in such
cities with respect to cases and proceedings of. forcible or unlawful entry
or detainer; and no other justice of the peace in such cities shall here-
after exercise such jurisdiction as is herein conferred on said civil and
police justice except as hereinafter provided.

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

Sec. 10. Costs, et cetera.—At or before the time of hearing has before
such civil and police justice on any claim of which the civil and police
justice is given jurisdiction by sub-section two of section eight of this act
the plaintiff in such claim shall pay to the said civil and police justice a
trial fee of fifty cents for each hundred dollars of value, or fraction there-
of, claimed in such warrant. The trial fee shall be taxed as part of the
costs. The civil and police justice shall pay monthly into the treasury of
his city all trial fees collected by him.

Sec. 11. Procedure.—All procedure under this act in claims and pro-
ceedings of which the civil and police justice is given jurisdiction by sub-
section two of section eight of 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 on motion of either party the adverse party may
be required to file the particulars of the claim or the grounds of the de-
fense 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 an insane person is a part shall not be stayed because of such
infancy or insanity, but the civil and police 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 at-
torney be found willing to act, the civil and police 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 and police 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 execu-
tion; and the said civil and police justice may from time to time renew
such writ either before or after the expiration of one year from the date
of the judgment.

Sec. 12. Appeals and removals.—(1) In warrants, matters and pro-
ceedings of which the civil and police justice is given jurisdiction by sub-
section one of section eight of this act there shall be an appeal from the
Judgment of the city and police to the corporation or hustings court of
his city, as now or hereafter provided by law from the judgment of
justices of the peace or police justices.

(2) No claim returnable before such civil and police justice, of
which the civil and police justice is given jurisdiction by sub-section two
of section eight of this act, shall be removed to any other court, but from
any judgment of the civil and police justice in any such claim exceeding
twenty dollars, exclusive of interest, there shall be an appeal as of right
to any of the courts exercising general original common law jurisdiction
in such civil cases in his city, or to such courts as had on January first,
nineteen hundred and ten, appellate jurisdiction from judgments rend-
ered by justices in causes of which they had cognizance under section
twenty-nine hundred and thirty-nine of the Code of Virginia, respec-
tively, and all such appeals shall be tried and judgment rendered as pro-
vided 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 civil and police 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, where there are more than one of such courts and, in the absence of
such directions, the civil and police justice may send the same to any
court having jurisdiction, and the clerk of said court, upon receipt of the
papers in any such 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 application of any party in interest.
shall be returned to the civil and police justice by the clerk of the appel-
late court; but appeal cases shall not have preference over other cases
pending in such appellate courts as regards the time of trial.

Sec. 13. Dismissal of claims.—If any claim of which the civil and
police justice is given jurisdiction by sub-section two of section eight of
this act shall have been pending before such civil and police justice sixty}
days, he shall notify the parties that the same will be dismissed in ter
days thereafter unless good cause be shown to the contrary, and unless
such cause be shown, such civil and police justice shall forthwith dis
miss such claim.
All papers connected with any of the proceedings in the trial of cases
before such civil and police justice, except such as may be removed on
appeal, and except also such papers in criminal matters as are required
by law to be returned to and lodged in the clerk’s office of a court of
record of such city, shall be properly indexed and filed and preserved
and in claims of which the civil and police justice is given jurisdiction by
sub-section two of section eight of this act, the constable or sergeant serv-
ing said papers shall, at the time of or before such service, collect from
the plaintiff the sum of twenty-five cents, to be daily turned over by
said constable or sergeant to the civil and police justice and taxed as
costs for the filing and@ indexing said papers, and the civil and police
justice shall monthly pay into the treasury of his city all such fees so
paid to him.

Sec. 14. Rules and practice——The civil and police justice shall have
the power to 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 and police justice
and shall furnish all necessary furniture, books, and stationery. Such
books shall be under the control of the civil and police justice and shall
remain the property of the city.

Sec. 16. Bailiff—The said civil and police justice shall appoint a
bailiff for his said court, who shall hold his office until removed by the
civil and police justice. The bailiff shall have charge of the civil and
police 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 keeping, clean-
ing, warming and lighting the said courtroom and office. He shall attend
all courts held by the civil and police justice, and shall perform such
other services as may be required by him by the civil and police justice.
The 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.

Sec. 17. Abolition of office of police justice and transfer of cases to
civil and police justice.—The office of police justice in said cities is here-
by abolished from and after the first day of January, nineteen hundred
and sixteen, and the terms of all police justices heretofore appointed in
said cities shall be extended to and terminate on said date. All warrants,
proceedings and claims of whatever nature within the jurisdiction con-
ferred by this act upon civil and police justices pending before any police
justice or justice of the peace in said cities on the first day of January,
nineteen hundred and sixteen, shall be forthwith transferred on said
date for further procedure and determination to the said civil and police
justices, respectively.

Sec. 18. Acts in conflict repealed.—All acts or parts of acts and char-
ter provisions in conflict with this act are hereby repealed, provided,
however, that nothing herein contained shall apply to Alexandria, Dan-
ville, Roanoke, Lynchburg, Portsmouth, Petersburg and Staunton; and
the city of Alexandria is hereby restored to the class of cities embraced
in the act entitled, “an act to provide for the appointment of police jus-
s and their jurisdiction in cities of a population of ten thousand or
r, in which by the terms of their charters, no provision is made for
election or appointment of police justices,” ‘approved December thirty-
f, nineteen hundred and three.