Chap. 153.—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 per-
manent officers for its organization and management and to authorize the assess-
ment and collection of revenue necessary for the permanent improvement 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, as
amended by an act approved March 25, 1926, as amended by an act approved
February 28, 1928. [fH B 208]

Approved March 20, 1930:

1. Be it enacted by the general assembly of Virginia, That section
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 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, as amended by an act approved March
twentieth, nineteen hundred and twenty-two, as amended by an act
approved March twenty-fifth, nineteen hundred and twenty-six. as
amended by an act approved February twenty-eighth, nineteen hundred
and. twenty-eight, be amended and re-enacted so as to read as follows:

Section 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 city attorney, a commissioner of
the revenue, a city treasurér 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, with the exception 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 sub-
scribe to the oaths required of public officers in this Commonwealth,
and shall, in addition thereto, enter into and execute bonds in the fol-
lowing named penalties, payable to the Commonwealth of Virginia, anc
conditioned as provided by law, as follows: The commissioner of the
revenue, a bond in the penalty of two thousand dollars; the city treas-
urer, a bond in the penalty of not less than twenty-five thousand 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 installments 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 court, one hun-
dred and twenty-five dollars; attorney for the Commonwealth, one
hundred dollars: commissioner of the revenue, twenty-five dollars; city
treasurer, twenty-five dollars; city sergeant, fifty dollars.

In the city of Hopewell, there shall be elected by the qualified voters,
on Tuesday after the first Monday in November, nineteen hundred
and thirty-three, and every eight years thereafter, a clerk of such court,
to be called the clerk of the corporation court, whose term of office
shall begin on the first day of February of the first year after such
election and shall continue thereafter for eight years. The present
clerk of the corporation court of the city of Hopewell shall continue
in office and be the clerk of the corporation court of the city of Hope-
well, unless removed by general law, until his successor shall have been
elected and qualified at the regular election held on Tuesday after the
first Monday in November, nineteen hundred and thirty-three. 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 corpora-
tion court. All persons as herein provided shall enter into and sub-
scribe to the oaths, and execute bonds as hereinbefore provided for.

(2) The city council shall have authority to employ the city attor-
ney and to fix the salary of said officer, and the term of his employ-
ment; and the said city attorney so employed by the city council shall
have, possess and exercise all powers, duties, and be subject to all and
single liabilities, conferred and imposed by general law upon city attor-
neys 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 thirty, (or as soon thereafter as may be practi-
cable) and biennially thereafter, elect or appoint special justice 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 dav of Novemhear aftes
his election or appointment, or until his successor is elected and quali-
fied, 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 appointment. 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 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 conditions as the law directs with corporate surety deemed
sufficient by the judge of the corporation court, in which court such
bonds shali 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 matters, and such fees as earned by him in issuing criminal
warrants and admitting persons to bail in criminal matters, provided
that he shall not charge or receive any fees for issuing criminal war-
rants 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 vaca-
tion 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 substitute 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 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 all other criminal and in all civil matters the juris-
diction 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 sub-
stitute civil and police justice 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 admit-
ting any person to bail charged with a misdemeanor, one dollar, for ad-
mitting any person to bail charged with a felony, two dollars, for issuing
a warrant or other claim of similar kind in a civil case one dollar, for
trying 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 crimi-
nal cases tried before said justices, and in which there is a conviction, the
said justice shall, if authorized by the council 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 hereafter be provided by law for appeals from judg-
ments or justices. An appeal shall also be allowed from the judgment
of such justice imposing a penalty for the infraction of any city ordi-
nance, except in cases where the penalty imposed is a fine not exceed-
ing ten dollars, 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 cases 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
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 proceedings 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 lodeed
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 property of the city, and shall be turned over by
such justices to their successors in office. The books and papers in
such office shall be examined and audited at any time the council may
see fit, by such person or persons, as 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 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 corporation court of
the city, who shall have authority to issue summons and criminal
warrants, returnable to, and to 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 ordinances,
and who shall be known as the issuing and bailing justice. His term
of office shall be concurrent with that of the civil and police justice, and
his compensation shall be the same fees allowed by this act to the civil
and police justice for issuing warrants of arrest, search warrants,
admitting persons to bail (in misdemeanor cases) and the same allowed
by general law to justices 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 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 recetve
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; to acquire by purchase or lease, build and erect
and/or sell, convey and lease hospitals, armories and airports, and to
provide all necessary equipment for same. And the city of Hopewell
is hereby authorized to acquire by gift, purchase or condemnation
proceedings any property, land or any interest therein, any right, ease-
ment or estate of any person or corporation, other than a public service
corporation.

The action of the city council in having previously acquired land
for establishing an airport is hereby ratified and confirmed to have
the same effect as if the council had-—prior to the purchase of said site
and the erection or construction of said airport and equipment there-
for—been thereunto specifically authorized. And the city of Hopewell
is hereby authorized to issue bonds of the city in the manner provided
for in its charter and by general law, on account of the acquisition of
said site and the erection thereon of airports, hangars and necessary
equipment for same, heretofore acquired or to be hereafter acauired.
All property acquired by the city under the provisions of this act and
any other provisions of general law, whether located within or without
the city, shall be exempt from taxation, both State, city and county.

The 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 regula-
tions 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 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 stations and
other work 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 enume-
rated 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 Con-
stitution and general laws of the State.

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