Chap. 391.—An ACT to amend and re-enact section 3 of an act entitled an act
to create the city of Hopewell, in the county of Prince George; to provide
temporary and permanent ofhcers for its organization and management and
to authorize the assessment and collection of revenue necessary for the
permanent improvement and government of said city, approved February
26, 1916. [HB 266]

Approved March 20, 1920.

1. Be it enacted by the general assembly of Virginia, That sec-
tion three of an act entitled an act to create the city of Hopewell, in
the county of Prince George; to provide temporary and permanent
officers for its organization and management and to authorize the
assessment and collection of revenue necessary for the permanent 1m-
provement and government of said city, approved February twenty-
six, nineteen hundred and sixteen, be amended and re-enacted so as
to read as follows:

Sec. 3. (1) The municipal officers of the said city, in addition
to the mayor and members of the council, shall be qualified voters of
the said city, and shall be as follows: A clerk of the corporation
court, an attorney for the Commonwealth, a commissioner of the
revenue, a city treasurer, and a city sergeant, all of whom shall hold
office subject to removal as provided by general law, until their terms
of office expire, and until their respective successors are elected and
qualified. The said officers shall before entering upon the discharge
of their respective duties, take and subscribe to the oaths required
of public officers in this Commonwealth, and shall, in addition thereto.
enter into and execute bonds in the following named penalties, pay-
able to the Commonwealth of Virginia, and conditioned as provided
by law, as follows: The commissioner of the revenue. a bond in the
penalty of two thousand dollars; the city treasurer, a bond in the
penalty of twenty-five thousand dollars; the city sergeant, a bond in
the penalty of two thousand dollars; and the other of said officers in
such bond as is provided for by general law; all of which said bonds
shall be entered into before the corporation court of the said city,
or the judge thereof in vacation, with corporate surety deemed suf-
ficient by the judge of the said court. The said officers shall have,
possess and exercise all powers and duties, and be subject to all and
single liabilities, conferred and imposed by general law upon like
officers, respectively, in other cities of the first class in this Com-
monwealth.

The compensation of the said officers shall be paid in monthly or
semi-monthly instalments by the said city, except as herein otherwise
directed, or by general law provided, and shall not, where the same is
paid by the said city, exceed the following amounts for any one month:
Clerk of the corporation, fifty dollars; attorney for the Common-
wealth, one hundred dollars ; commissioner of the revenue, twenty-five
dollars ; city treasurer, twenty-five dollars; city sergeant, fifty dollars.

If any vacancy arise in the offices of the attorney for the Com-
monwealth, clerk of the corporation court, city sergeant, city treas-
urer and commissioner of the revenue, the same shall be filled by the
judge of the corporation court. All persons as herein provided shall
enter into and subscribe to the oaths, and execute bonds as herein-
before provided for.

(2) The office of city attorney being vacated and abolished by
this act, the city council shall have authority to retain, or employ, such
attorney, or attorneys, as may be necessary to protect the city’s inter-
est and to properly care for its legal business, and to agree with such
attorney, or attorneys, upon the retainers and fees to be paid for such
services.

(3) The city council shall, in joint meeting, on the first Tuesday
in September, nineteen hundred and twenty (or as soon thereafter as
may be practicable), and biennially thereafter, elect or appoint a spe-
cial justice of the peace, to be known as the city and police justice,
who shall hold office for a term of two years, beginning on the first
day of November after his election or appointment, or until his suc-
cessor is elected and qualified, unless sooner removed from office, as
provided by general law. The city council shall, at the same time,
appoint a second special justice of the peace, to be known as the sub-
stitute civil and police justice, whose term of office shall be concurrent
with that of the civil and police justice. -_ oo,

Such civil and police justice and substitute civil and police justice
shall be qualified voters of the city of Hopewell, and shall have prac-
ticed law in the State of Virginia at least two years before the date
of their appointment; and shall not, during their terms of office, hold
any other public office.

Each of said justices shall, before entering upon the discharge
of their duties, take and subscribe the oath required of public officers
in this Commonwealth, and shall severally enter into bond, in the
penalty of two thousand dollars, payable to the State of Virginia,
and conditioned as the law directs, with corporate surety deemed suf-
ficient by the judge of the corporation court, in which court such bonds
shall be made. .

Such civil and police justice shall receive such salary as the city
council may determine, not to exceed one hundred and fifty dollars per
month,-which salary is to be paid in the same manner as the salaries
of other officials are paid, and, in addition thereto, shall receive such
fees as may be earned by him in the trial or handling of civil mat-
ters. The compensation to be paid the substitute civil and police
justice shall be the fees in civil matters earned by him, and for the
days he holds court in the place and stead of the civil and police jus-
tice to try or hear criminal cases, there shall be allowed him an amount
equal to the per diem salary of such civil and police justice; pro-
vided, however, that such allowance shall be deducted from the salary
of the civil and police justice ; provided, further, that the said civil and
police justice shall have an annual vacation of fifteen days during
each year, to be had between the first day of July and the thirtieth day
of September, with pay.

The court of such civil and police justice shall be kept open for
the transaction of business every day in the year, except Sundays and
legal holidays. The city council shall have the power to fill any
vacancy arising in the office of the civil and police justice or the sub-
stitute civil and police justice. In the event of the inability of the
civil and police justice to perform the duties of his office through any
cause such as absence, sickness, interest in the matter to be tried or
heard, the substitute civil and police justice shall perform the duties
of the office during such absence or disability. While acting as such,
either of such justices may perform all the acts, with reference to the
proceedings of the other, in any warrant, claim or proceedings before
the court, in the same manner and with the same force and effect,
as if they were his own.

The said justices shall be conservators of the peace within the cor-
porate limits of the city and for done mile beyond such corporate
limits, and the civil and police justice court shall have concurrent
original jurisdiction with the corporate court for the trial of all of-
fenses against the ordinances of the city, and in the trial of all such
misdemeanors where justices are given original jurisdiction by general
law, and shall have such concurrent jurisdiction with the corporation
court of the city as is generally given justices by law. In civil matters
the jurisdiction of the court shall be the same as that of justices
generally, except as herein otherwise provided.

Such civil and police justice, and substitute civil and police jus-
tice, shall collect all costs and fees required by law to be paid, and at
or before the time of the hearing before either of such justices the
plaintiff shall pay a trial fee of fifty cents on each one hundred dollars,
or fractional part thereof, claimed in the warrant, which trial fee
shall be taxed as part of the costs. All fines collected by either of
such justices shall be accounted for in the manner provided by the
general law and by the ordinances of the city.

In all misdemeanor trials before either of such justices there mav
be an appeal to the corporation court of the city, as now or may here-
after be provided by law for appeals from judgments of justices. An
appeal shall also be allowed from the judgment of such justice im-
posing a penalty for the infraction of any city ordinance, except in
cases where the penalty imposed is a fine not exceeding ten dollars.
in which case such judgment shall be final. In no civil cases tryable
before either of such justices shall a removal to any other court be
allowed. An appeal from the judgment of either of such justices shall
be allowed only in case where the amount, or thing in controversy.
exceeds fifty dollars in value, exclusive of interest ; but no such appeal
shall be granted unless and until the party applying for same shall
have given bond in the amount, and with surety to be approved by
such justice, to abide the judgment of the court to which the appeal
is made. .

The said justice shall keep a civil docket book and a criminal
docket book, on which shall be entered all cases tried and prosecuted
before them, the proceedings had therein and the disposition of the
same; which docket books shall be furnished by the city council.
All papers connected with any proceeding before such justices, except
such as may be removed on appeal, and such as in criminal matters
may be required by law to be returned or lodged. in the office of the
clerk of the corporation court, shall be properly indexed, filed and
preserved. The city council shall provide for such justices the neces-
sary and proper books, forms and files, which shall be and remain
the property of the city, and shall be returned over by such justices
to their successors in office. The books and papers in such office shal!
be examined and audited at any time the council may see fit by such
person, or persons, as the council may designate.

The civil and police justice and the substitute civil and police
justice may be removed or suspended from office by the corporation
court of the city for any of the causes which warrant removal or sus-
pension under general law. All proceedings for such removal. or
suspension, shall be by order of, and on motion before the said cor-
poration court, after reasonable notice to the justice to be affected
thereby. Such justice shall have the right to demand a trial by jury.

(4) The city council may select one justice, who shall give a bond
in the penaltv of one thousand dollars, conditioned according to law.
and to be approved, with corporate surety, by the corporation cour
of the city, who shall have authority to issue summons and criminal
warrants, returnable to, and be heard and determined by the civil!
and police justice or the substitute civil and police justice, and to bail
persons charged with misdemeanors or violations of the city ordi-
nances, and who shall be known as the issuing and bailing justice. Hs
term of office shall be concurrent with that of the civil and police
justice, and his compensation shall be the fees now allowed justices
for issuing warrants and summonses and admitting persons to bal.
1920. | ACTS OF ASSEMBLY. 583

(5) The salaries of the elective officers of the city, not exceeding
the amounts hereinbefore provided for, shall be fixed at a joint meet-
ing of the council before their election, and at least six months before
such officers assume their respective duties. Such salaries shall not be
increased or diminished during their term of office. Failure to fix the
salary as above stated shall entitle the elected officer to receive the
same salary that his or their predecessor received.

(6) The city council shall have the power to establish, open,
widen, grade, improve, construct, maintain, light, sprinkle and clean,
public highways, streets, alleys, boulevards and parkways, and to
alter or close the same, the said council shall also have the power
and authority to make all necessary provisions to prevent accidents
by fire; to designate such parts of said city as it may deem advisable
within which no building or buildings of wood shall be erected or
repaired, to regulate the erection of all buildings by ordinances and to
order the removal of any building which shall hereafter be erected
contrary to such ordinances or regulations at the expense of the builder
or owner thereof and to cause any building which may be adjudged
to be unsafe or dangerous to life or property to be taken down at
the expense of the owner thereof. To acquire in any lawful manner
in any county of the State, such water, lands and lands under water,
as the council of said city may deem necessary for the purpose of pro-
viding any adequate water supply for said city and of piping or con-
ducting the same; to lay all necessary mains; to erect and maintain
all necessary dams, pumping station and other works in connection
therewith.

The enumeration of the particular powers in this shall not be
deemed or held to be exclusive, but in addition to the powers enumer-
ated herein, implied thereby, or appropriate to the exercise thereof,
the said city shall have had, may exercise all other powers which are
now or may hereafter be possessed or enjoyed by cities under the
Constitution and general laws of this State.

(7) An emergency is declared to exist under section fifty-three
of the Constitution, and this act shall be effective from its passage.