Chap. 288.—An ACT to amend and re-enact section 27 of chapter 473 of the acts
of 1924, entitled an act to provide a new charter for the city-of Roanoke and
to repeal the existing charter of said city and the several acts amendatory
Thereof, and all other acts or parts of acts inconsistent with this act, so far
as they relate to the city of Roanoke, approved March 22, 1924. [H B 2066]

Approved March 21, 1928

1. Be it enacted by the general assembly of Virginia, That section
twenty-seven of chapter four hundred and seventy-three of the acts
of nineteen hundred and twenty-four, entitled an act to provide a new
charter for the city of Roanokc, and to repeal the existing charter of
said city and the several acts amendatory thereof, and all other acts or
parts of acts inconsistent with this act, so far as they relate to the city
of Roanoke, approved March twenty-second, nineteen hundred and
twenty-four, be amended and re-enacted so as to read as follows:

Section 27. The civil and police justice shall be elected at the time,
in the manner and for the term provided by section nine of this charter.

(a) Such civil and police justice, before entering upon the perform-
ance of his duties, shall take the oath prescribed by law.

(b) Such civil and police justice shall receive such salary as the
council shall fix by ordinance, and he shall receive no other compensa-
tion or emoluments whatsoever.

(c) Such civil and police justice shall be a conservator of the
peace within the corporate limits of the city of Roanoke and within
one mile beyond said limits, and within such limits shall have exclusive
original jurisdiction for the trial of all offenses against the ordinances
ot the city; provided, that the city shall have the right to appeal to the
corporation court of said city from any decision of the civil and police
justice affecting the legality or validity of any ordinance passed by the
council of the city; and he shall have concurrent jurisdiction with the
corporation court in all cases of the violation of the revenue laws and
the laws prohibiting the manufacture, use, sale, offering for sale,
transportation, keeping for sale and giving away ardent spirits. He
shall possess all the jurisdiction and exercise all the power and author-
ity in criminal cases of a justice of the peace, and except where it is
otherwise specifically provided by law, shall have exclusive original
jurisdiction for the trial of all misdemeanor cases occurring within the
corporate limits of the city and concurrent jurisdiction with the county
authorities of offenses committed within one mile of the corporate

limits. He shall possess all the jurisdiction and exercise all the power
and authority in civil cases of a justice of the peace, except he shall
not have power to issue any warrants in detinue, unlawful detainer,
attachments, distress warrants and warrants for small claims. In any
civil case triable before such civil and police justice, involving a claim
to specific personal property, or to any debt, fine or other money, or
to clamages for breach of any contract, or for any injury done to prop-
erty, real or personal, in which the amount or thing in controversy
exceeds the sum or value of twenty dollars, but is less than three hun-
dred dollars (removals in cases involving more than three hundred
dollars being governed by the general law), such justice shall, upon the
application of the defendant and upon affidavit that he has a sub-
stantial defense thereto, at any time before trial, remove the cause
and all the papers therein, to either the corporation court, or the court
of law and chancery of the city of Roanoke, and the clerk of the court
to which the same is removed shall forthwith docket the same, but the
case shall not be tried at any term except by consent of the parties
thereto, unless it shall have been so docketed ten days prior to the
beginning of such term. On the trial of the case, the proceedings
shall conform to proceedings under section six thousand and forty-
six of the Code of Virginia, as amended.

Appeals from said civil and police justice, in civil cases, both as to
procedure and as to the courts to which such appeals may be had, shall
be governed by section thirty-one hundred and six of the Code of
Virginia, as amended.

The said civil and police justice, in removals and appeals in civil
cases, shall divide the same as nearly as may be practicable, equally
between the corporation court and the court of law and chancery of the
city of Roanoke.

If any plaintiff shall not bring his case to trial within two years
from the time it 1s docketed in the court to which it is removed or
appealed, it shall be dismissed at the expiration of said two-year period.
unless, after reasonable notice to the plaintiff, good cause be shown
against such dismissal.

The city council may, by ordinance, impose upon the civil and police
justice, such other duties as it may deem proper and expedient.

(d) He shall keep a regular account of all fees, fines, forfeitures,
and costs imposed or arising in the administration of his office, which
he shall report weekly to the auditor, and shall pay such fees as he
has collected to the treasurer. The chief of police, or such officer as
shall be designated for that purpose, shall collect all fines, forfeitures
and cost and report the same weekly, to the auditor and pay the same
weekly to the treasurer.

(e) He shall keep his office and court at such place as may be
prescribed by council, which shall be kept open for the transaction of
business every day in the year except Sundays and legal holidays, and
if from any cause he is unable to act, the issuing justice, or if an
assistant civil and police justice has been elected, said assistant civil
and police justice shall discharge the duties of the civil and _ police
justice prescribed herein during such inability.

(f{) Any vacancy occurring in the office of civil and police justice
arising from any cause shall be filled by. council by election of a person
with the qualifications prescribed herein.

2. All the provisions of this section and of each subsection hereot
shall take precedence over the general statutes and laws of Virginia,
concerning the same subject, in the event of any conflict therein.