Chap. 482.—An ACT to amend and re-enact sections 1945 to 1953, inclusive, of
the Code of Virginia, and to add six new sections to the said Code, | to be
numbered 195la, 1951b, 1951c, 1951d, 195le, and 1951f. [S B 128]

Approved March 27, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tions nineteen hundred and forty-five to nineteen hundred and fifty-
three, inclusive, of the Code of Virginia, be amended and re-enacted,
and that six new sections numbered nineteen hundred and fifty-one-a,
nineteen hundred and fifty-one-b, nineteen hundred and fifty-one-c,
nineteen hundred and fifty-one-d, nineteen hundred and fifty-one-e,
and nineteen hundred and fifty-one-f, be added to the said Code, which
sections of the Code and the said new sections shall read as follows:

Sec. 1945. Establishment of juvenile and domestic relations
courts.—The council or other governing body of any city of this
Commonwealth containing twenty-five thousand inhabitants or more
shall elect a special justice of the peace, who shall be a person
licensed to practice law, to be known as the judge of the juvenile
and domestic relations court of such city, and who shall hold office
for a term of six years and until his successor. has been elected and
has qualified, unless sooner removed, as hereinafter provided. Pro-
vided, however, that no election hereunder shall take place until the
expiration of the respective terms for which the said special justices
are now elected. But this section is subject to this proviso; that in
cities of not less than twenty-five thousand nor more than one hun-
dred thousand inhabitants said council or other governing body may
designate the civil or police justice to act as the judge of such
juvenile and domestic relations court, im which event he shall hold
offce for the term for which he is elected as such civil or police
justice, or until a special justice may be elected as above provided.

Sec. 1946. Oath of special justice—Every such special justice,
before entering upon the performance of his duties, shall take before
the corporation or hustings court of the city for which he is appointed,
or before the judge thereof in vacation, the official oath required
by law.

Sec. 1947. Salary of special justice——Every such special justice
shall receive out of the treasury of the city for which he is elected
such salary as-the council or other governing body of such city shall
prescribe. The salary so fixed shall be in lieu of all fees which may
accrue to him by virtue of his office; provided, that all such fees,
when collected, shall be accounted for and paid by him into the
treasury of said city on or before the tenth of each month.

Sec. 1948. Courts of special justice; appointment of substitute
justices; when substitute justice to act—Such special justice shall
hold court as may be provided by ordinance of the city for which he
is appointed or at such times and places within his territorial juris-
diction as he may designate; but he shall be allowed a vacation
period of at least thirty days during each year. The judge of the
corporation or hustings court of each of said cities shall, by proper
order of record, appoint upon the recommendation of such special
justice, as a substitute justice of said juvenile and domestic relations
court, a discreet and competent person, and may at any time revoke
such appointment, and inake a new appointment in like manner in
the event of such revocation, or of the resignation, death, absence
or disability of such substitute justice. In the event of the disability
of said special justice to perform the duties of his office by reason
of sickness, absence or otherwise, or of the impropriety of his acting,
such substitute justice shall peform the duties and possess the powers
of said special justice during such period, and in the event of the
resignation, death, removal, or permanent disability of the special
justice, such substitute justice shall act until a successor has been
elected and has qualified. Said substitute justice shall receive for
his services such compensation as the respective city councils or
other governing bodies shall determine.

Sec. 1949. How special justice removed—tThe special justice
elected under this chapter may be removed in accordance with the

proyisions of section twenty-seven hundred and five of the Code of
Virginia.

Sec. 1950. Special justice, conservators of peace; their juris-
diction—The special justices elected under the provisions of this
chapter shall be conservators of the peace within the corporate limits
of the cities for which they are respectively elected and within one
mile beyond the corporate limits of such cities; and except as here-
inafter limited shall have, within the corporate limits, exclusive
original jurisdiction and within one mile beyond said corporate limits,
concurrent jurisdiction with the justices and the circuit courts of the
counties, over all cases, matters and proceedings involving:

(1) The disposition, custody or control of delinquent, dependent
and neglected children;

(2) The enforcement of any law, regulation or ordinance for the
education, protection or care of children.

(3) The prosecution and punishment of persons charged with
ill-treatment, abuse, abandonment or neglect of children, or with con-
tributing to their delinquency or dependency or neglect in any man-
ner, or with any other offense against children under the age of
eighteen years except murder and manslaughter; provided, however,
that in prosecutions for felonies other than murder and manslaughter
the jurisdiction of said special justice shall be limited to that of an
examining magistrate;

(4) All offenses, except murder and manslaughter, committed
by one member of a family against another member of said family |
and the trial of all criminal warrants in which one member of a
family is complainant against another member of said family; pro-
vided, however, that in prosecution for felonies other than murdet
and manslaughter the jurisdiction of said special justice shall be
limited to that of an examining magistrate. The word “family” as
used herein shall be construed to include husband and wife, parent
and child, brother and sister, grandparent and grandchild;

(5) The prosecution and punishment of persons, male or female
who knowingly contributes in any way to the disruption of marita
relations or of a home.
Said special justice shall, in all such cases, possess the jurisdiction
and exercise all the powers conferred upon justices of the peace
and police justices by the laws of this State, and he shall have such
other powers and jurisdiction as may be lawfully conferred upon
him. He shall have the same powers with respect to the amendment
or issuance of warrants as are conferred on courts and judges by
the provisions of section forty-nine hundred and eighty-nine of the
Code of Virginia.

This act shall be construed liberally and as remedial in character;
and the powers hereby conferred are intended to be general to effect
the beneficial purposes herein set forth. ‘It is the intention of this act
that in all proceedings concerning the disposition, custody or control
of children coming within the provisions hereof, the court shall
proceed upon the theory that the welfare of the child is the para-
mount concern of the State, and to the end that this humane purpose
may be attained, said justices shall possess all necessary and inci-
dental powers and authority, whether legal or equitable in their
nature.

From the hearing or trial of all cases, matters or proceedings
under the provisions of this chapter there shall be excluded all persons
except officers of the court, attorneys and witnesses in the case, and
the accused or his relatives or guardian or custodian. Any hearing
or trial may be had in chambers.

Sec 1950-a. Contempt of court—The said special justice shall
have the same powers in the matters of contempt as are conferred
on courts and judges by the general law, but in no case shall the
fine exceed fifty dollars and imprisonment exceed ten days for the
same contempt. From any such fine or sentence an appeal shall be
allowed as appeals are allowed from such justices in other cases
affecting adults, and the proceedings in such appeals shall conform
in all other respects to the provisions of section forty-five hundred
and twenty-three of the Code of Virginia.

Sec. 1951. Cities to provide court rooms, et cetera; records under
control of justice——Each of such cities shall provide a suitable court
room and offices for said court, and shall furnish all necessary fur-
niture, filing cabinets, dockets, books, stationery, et cetera. Said
special justice, after consultation with the State commissioner of
public welfare, shall have the power to determine the form and char-
acter of his records and to determine and publish the rules to regulate
the proceedings in all cases coming within the provisions of this
chapter where not otherwise provided by law, and for the conduct
of all probation and other officers of the court and such rules shall
be enforced and construed leberally for the remedial purposes em-
braced therein. The records of the court shall be under the control
of said special justice and shall not be removed or examined by any
person without his consent, except by persons authorized by law to
make such examinations.
The special justice, after consultation with the commissioner of
public welfare, may also devise, promulgate and cause to be printed
for the use of the public and for the use of the court, forms which
may be found necessary and convenient for use in cases coming
under this chapter.

Sec. 1951-a. Certain officers to aid juvenile and domestic relations
court; when service of process——The court may, in its discretion,
call upon the Commonwealth’s attorney of his city to assist the court
in any proceeding under this chapter, and it shall be the duty of
such Commonwealth’s attorney to render such assistance when so
requested, and said Commonwealth’s attorney shall represent the
State in all cases appealed from said juvenile and domestic relations
court to other courts; and the sheriffs of the counties of this State
and police officers of the cities shall serve all papers directed by the
court or justice to be served by them, but any paper, summons or
process issued by said court may be served by any person designated
by the court or justice for that purpose.

Sec. 1951-b. Traveling expenses of officers and witnesses.—The
traveling expenses incurred by a probation officer or other officer of
said court, when traveling under the order of said court or justice,
shall be paid by the auditor of public accounts out of the criminal
accounts fund provided upon presentation of an account approved
by said justice. Said justice may, in his discretion, authorize the
payment of necessary traveling expenses incurred by any witness or
person summoned or otherwise required to appear at the hearing of
any case coming within the jurisdiction of said court.

Sec. 1951-c. Co-operation of certain agencies and officials may be
sought; their duties——The court may seek the co-operation of all
societies, organizations or institutions, public or private, having for
their object the protection, aid or care of children, to the end that
the court may be assisted in every reasonable way to give all children
coming under’ its jurisdiction the care, protection and assistance
which will best conserve the welfare of such children. It is hereby
made the duty of every official of such city or any department thereof
to render such assistance and co-operation to said court as will best
further the objects of this chapter. All institutions, associations or
other custodial agencies in which any child coming within the pro-
visions of this chapter may be are hereby required to give such
information to the court, or to any of its officers as said court or
officers may require for the purpose of this chapter.

Sec. 1951-d. Provisions as to bonds and other undertakings.—All
bonds and other undertakings taken and approved by the justice of
the court, either for the appearance of any person or for the perform-
ance of any other duty or undertaking set forth in said bond, shall
be valid and enforceable even if the principal in said bond shall be
a minor. In the event of a failure upon the part of the principal or
sureties in any bond taken in said court to faithfully carry out and
discharge the undertakings of said bond then, in that event, the
justice of such court shall have the right to declare said bond for-
feited and to certify the same to the clerk of the corporation or
hustings court of his city. And in the event of such certification
by the justice of the court to the clerk of said corporation or hustings
court it shall be the duty of the clerk of said latter court to bring the
same at once to the attention of the judge of said court, who shall
proceed thereon in the manner prescribed by law. .

Sec. 1951-e. Appeals—From any final order or judgment of said
court affecting the rights or interests of any child coming within its
jurisdiction an appeal may be taken in the manner prescribed by
section 1920 of the Code of Virginia as amended. From any final order
or judgment of conviction of said juvenile and domestic relations
court affecting the rights or interests of any person over the age
of eighteen years coming within its jurisdiction, an appeal may be
taken by the person aggrieved to the corporation or hustings court
of such city within ten days. Provided, however, that in either case
said appeal may be withdrawn by the person taking same at any time
before the appeal papers shall have been actually filed in the higher
court; and provided further that in any case said justice may grant
a re-hearing within thirty days upon good cause shown, after due
notice to interested parties.

Upon the rendition of final judgment upon an appeal from said
juvenile and domestic relations court, said appelate court shall cause
to be filed with said juvenile and domestic relations court, a copy of
its judgment, which shall thereupon become the judgment of said
juvenile and domestic relations court. In the event such appelate
court does not dismiss said proceedings or discharge said child or
adult person, said appelate court may in its discretion remand said
child or adult person to the jurisdiction of said juvenile and domestic
relations court for its supervision and care, under the terms of its
said order or judgment, and thereafter said child or adult person
shall be and remain under the jurisdiction of said juvenile and
domestic relations court in the same manner as if said court had
rendered said judgment in the first instance.

Sec. 1951-f. Affidavits and oaths; issuance of appropriate orders
on writs.—The clerk of said juvenile and domestic relations court
shall have authority to take affidavits and administer oaths or affir-
mations in proceedings coming within the jurisdiction of said court
and the justice shall have power to issue all appropriate orders or
writs in aid of the jurisdiction vested in said court.

Sec. 1952. Clerks and bailiffs of courts; their powers and duties.
—In cities of one hundred thousand inhabitants or more said special
justice shall have the power to appoint a clerk and a bailiff and such
other employees as may be necessary for the proper conduct of his
said court. The compensation that such clerk, bailiff and other
employees of said court shall receive for their services shall be
fixed by the council or other governing body of said city and shall
be paid out of the city treasury.
The said clerk shall keep the court docket and shall perform such
other duties as the justice of said court may prescribe or the council
or other governing body of said city may by ordinance direct. .

The said bailiff shall have charge of the court room and the offices
connected therewith, and he shall be held responsible for the safe-
keeping and proper protection of the furniture and other property
contained therein. He shall have charge of the cleaning, warming
and lighting of said court room and offices. He shall attend all court
sessions held by said justices and shall perform such other services
as may be required of him by the said justice. The said bailiff
shall have the power and authority of a police officer.

Sec. 1953. When terms of special justices begin—All special jus-
tices elected under this chapter shall enter upon the discharge of their
duties the first day of January next succeeding their election, or on
the first of such month as the respective city councils or other gov-
erning bodies may designate, provided, however, that every special
justice now holding office under the provisions of chapter eighty-one
of the Code of Virginia of nineteen hundred and nineteen shall con-
tinue in office under the provisions of this amended chapter and
exercise the powers and jurisdiction herein prescribed, until his term
of office shall expire.