Chap. 59.—An ACT to amend and re-enact section 3 of 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 improve-
ment and government of said city, approved February 26, 1916, as amended
by an act approved March 20, 1920, as amended by an act approved March 20
1922. [H B 147]

Approved February 28, 1928

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,
m the county of Prince George; to provide temporary and perma-
nent officers for its organization and management and to authorize
the assessment and collection of revenue necessary for the perma-
nent improvement and government of said city, approved February
twenty-sixth, nineteen hundred and sixteen, as amended, by an act
approved March twentieth, nineteen hundred and twenty-two, be
amended and re-enacted so as to read as follows:

Section 3. (1) The municipal officers of the said city, in addi-
tion 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 city attor-
ney, a commissioner of the revenue, a city treasurer, and a city
sergeant, all of whom shall hold office subject to removal, as pro-
vided by general law, until their terms of office expire, and until
their respective successors are elected and qualified; with the ex-
ception of the city attorney, whose term of office is subject to the
will of the council. 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 addi-
tion thereto, enter into and execute bonds in the following named
penalties, payable to the Commonwealth of Virginia, and condi-
tioned 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 not less than twenty-five thou-
sand dollars; the city sergeant, a bond in the penalty of not less
than five 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 sufficient
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 Commonwealth.
The compensation of the said officers shall be paid in monthly or
semi-monthly instalments by the said city, except as herein other-
wise 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 court, fifty dollars; attorney
for the Commonwealth, 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 Commonwealth, clerk of the corporation court, city
sergeant, city treasurer 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 hereinbefore provided for.

(2) The city council shall have authority to employ the city at-
torney and to fix the salary of said officer, and the term of his em-
ployment; and the said city attorney so employed by the city coun-
cil shall have, possess and exercise all powers, duties, and be subject
to all and single liabilities, conferred and imposed by general law
upon city attorneys respectively, in other cities of the first class in
this Commonwealth.

(3) The city council shall, on the first Tuesday in September,
nineteen hundred and twenty-eight (or as soon thereafter as may be
practicable), and biennially thereafter, elect or appoint a special jus-
tice of the peace, to be known as the civil 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 substitute civil and police justice, whose term of office shall be
concurrent with that of the civil and police justice. Said civil and
police justice and substitute civil and police justice shall be qualified
voters of the city of Hopewell, and shall have practiced law in the
State of Virginia at least two years before the date of their ap-
pointment. The said civil and police justice shall not, during his
term of office, hold any other public municipal office or State salaried
office. Each of said justices shall, before entering upon the dis-
charge of their duties, take and subscribe the oath required of pub-
lic officers in this Commonwealth, and shall severally enter into
bond, in the penalty of two thousand dollars, payable to the State
of Virginia, and conditions as the law directs with corporate surety
deemed sufficient 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 salarics 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 matters, and such fees as earned
by him in issuing criminal warrants and admitting persons to bail
m criminal matters, provided that he shall not charge or receive any
fees for issuing criminal warrants or admitting any person to bail
when such services are performed during usual court hours. The
compensation to be paid the substitute civil and police justice shall
be the fees in civil and criminal matters earned by him, and for the
days he holds court in the place and stead of the civil and police
Justice 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 ;
provided, 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 one
month 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 substitute civil and
police justice. In the event of the failure of the civil and police
justice to perform the duties of his office for any cause, the sub-
stitute civil and police justice shall perform the duties of said office.
While acting as such either of the said justices may perform all
acts, with reference to the proceedings of the other in any matter,
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 corporate limits of the city and for one mile beyond such
corporate limits, and the civil and police justice court shall have
concurrent original jurisdiction with the corporation court for the
trial of all offenses against the ordinances of the city, and in the
trial of all such misdemeanors where jugtices are given original
Jurisdiction by general law, and shall have such concurrent juris-
diction with the corporation court of the city, as is generally given
Justices by law. In all other criminal and in all civil matters the
Jurisdiction of the said court shall be the same as is given by law
to the police justices, the civil and police justices, the justices of
juvenile and domestic relations courts, and justices of the peace,
generally, except as is otherwise herein provided. Said civil and
police justice and substitute civil and police justices shall collect
all costs and fees required by law, to be paid, the amount of such
costs and fees shall be the same as is allowed to justices of the
peace by general law, except that said justices shall receive for
Issuing a warrant of arrest in a misdemeanor case one dollar, for
issuing a warrant of arrest in a felony case two dollars, for issuing
a search warrant in any case two dollars, for admitting any person
to bail charged with a misdemeanor one dollar, for admitting any
Person to bail charged with a felony, two dollars, for issuing a war-
rant or other claim of similar kind in a civil case one dollar, for try-
Ing any civil case when the amount or thing in controversy does
not exceed one hundred dollars in value, one dollar; for each one
hundred dollars additional, or fractional part thereof in value, fifty
cents, which said fee shall be taxed as part of the costs; provided,
that in all criminal cases tried before said justices, and in which
there is a conviction, the said justice shall, 1f authorized by the coun-
cil of this city tax as a part of the costs not more than one dollar
as trial fee, and not more than two dollars as arrest and witness
attendance fees, which fees, together with all fines collected, shall
be accounted for according to general law and city ordinances. In
all misdemeanor trials before either of such justices there may 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 trom the judgment of such justice
imposing a penalty for the infraction of any city ordinance, except
in cases where the penalty imposed is a fine not exceeding ten dol-
lars, in which case such judgment shall be final. In no civil cases
triable 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 twenty dollars in value, exclusive of interest;
but no such appeal shall be granted unless and until the party ap-
plying 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 betore such justices, except such as may be re-
moved 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 necessary and
proper books, forms and files, which shall be and remain the prop-
erty of the city, and shall be turned over by such justices to their
successors in office. The books and papers in such office shal! he
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
citv for any of the causes whicn warrant removal or suspension
under general law. All proceedings for such removal, or suspension,
shall be by order of, and on motion before the said corporation 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 penalty of one thousand dollars, conditioned according
to law, and to be approved, with corporate surety, by the corpo-
ration court of the city, who shall have authority to issue sum-
mons and criminal warrants, returnable to, and be heard and deter
mined by the civil and police justice or the substitute civil and police
justice, and to bail persons charged with misdemeanors or violation:
of the city ordinances, and who shall be known as the issuing anc
bailing justice. His term of office shall be concurrent with that o
the civil and police justice, and his compensation shall be the samme
{ces allowed by this act to the civil and police justice for issuing
warrants of arrest, search warrants, admitting persons to bail (ir
misdemeanor cases) and the same allowed by general law to jus:
tices of the peace for issuing summonses.

(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 be-
fore 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, springle 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 acci-
dents 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 ord1-
nances and to order the removal of any building which shall here-
after be erected contrary to such ordinances or regulations at the
expense of the builder or owner thereof, and to cause any buildings
which may be adjudged to be unsafe or dangerous to life or prop-
ertv 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 providing any adequate water
supply for said city, and of piping or conducting 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 enumerated
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; providing, that this act
shall be construed to be an exception to all other acts, in so far as
such other acts are in conflict herewith, and the judicial declara-
tion of the invalidity of any provision, or the application thereof,
shall not affect the validity of any other provision, or the applica-
ion thereof.