Chap. 297.——-An ACT to amend and re-enact section 18 of an act, approved
March 20, 1922, entitled “An act to provide for the consolidation or annex-
ation of cities.” [S B 343]

Approved March 24, 1930

1. Be it enacted by the general assembly of Virginia, That section
eighteen of an act, approved March twentieth, nineteen hundred and
twenty-two, entitled “An act to provide for the consolidation or annexa-
tion of cities,’ be amended and re-enacted so as to read as follows:

Section 18. The consolidation or annexation ordinance may con-
tain the following provisions, to-wit:

First. It may provide that consolidation or annexation shall take
effect only upon condition that the ordinance providing therefor is rati-
fied by the duly registered and qualified voters at an election to be held
for that purpose in either or both of the cities concerned; provided,
however, that such election shall be held in the city having the smaller
population.

Second. It may provide for the erection of public buildings, or
other works of improvement, which shall be specified in either of said
cities, or, where the two cities are separated by water, for the construc-
tion of bridges between them. It may also provide for the setting
apart of the taxes or revenues of either city, either in whole or in part,
or of a stated sum in lieu thereof, for a fixed period, not, however,
exceeding five years, for the improvement of streets, or the providing
of light, water, or other public works or improvements, as may be
agreed upon by the two cities, or, in the absence of such agreement, as
the council of the consolidated municipality shall determine.

Third. Said ordinance may provide for the abolition of the cor-
poration or other courts of the city whose charter is surrendered upon
securing the payment of the salaries of the judge thereof, and any
other court official whose salary cannot be or is not designed to be
cut off, during the term of office for which he was elected or appointed,
or said ordinance may provide that the corporation or other courts of
the city whose charter is surrendered shall be continued and shall con-
tinue to exercise the same jurisdiction belonging to it or them under the
statutes previous to annexation or consolidation. The clerk and ser-
geant of such court shall be continued in office for and during the term
for which they shall have been elected, and thereafter until the election
and qualification of their successors, and they shall be entitled to the
same compensation and fees as if annexation or consolidation had not
taken place; provided, however, that the courts thus retained shall be
designated by the title of the corresponding courts of the united or
consolidated municipality, with the added designation, part two; and
the judges thereof, who shall serve to the end of the terms for which
they were severally elected. or appointed, and whose successors shall
then be elected, appointed, and commissioned in the manner pre-
scribed by law, and for the same term, as in the case of other judges
of cities of the first class, shall receive the same compensation, which
shall be paid in the same manner as in the case of other city judges.
The amount of said compensation for each judge so retained is hereby
fixed at a sum equal to the salary fixed by law for the judge of the
court of which said retained judge’s court becomes a division; and
provided that the courts of said municipality, so far as they have con-
current jurisdiction, shall apportion and divide between them all cases
coming up for trial- The said ordinance may likewise provide for a
police justice to hold court within the former territory of either of the
said cities in which there was no police justice at the time of annexa-
tion or consolidation, nothwithstanding the adopted charter may pro-
vide for only one such justice in former territory of the city whose
charter is adopted. Such justice and his successors shall be appointed
or elected in the manner and shall exercise the powers, duties and juris-
diction prescribed by the charter of the united or consolidated munici-
pality. But if such charter makes no provision therefor, such justice
and his successors shall be appointed in the manner and for the term,
and shall be clothed with the power, duties and jurisdiction prescribed
by the acts of the general assembly of Virginia; provided, that such
justice may be elected or appointed as soon as said annexation or con-
solidation has been declared effective, and his term of office shall be
gin as soon as he has qualified; and provided, that the salary of such
justice, which shall be paid by said city, shall be fixed by its council
according to the population contained in the former territory of the
city in which he is to hold court, as provided in said acts of assembly.
If at the time of annexation or consolidation there is a police justice
in either or both of said cities, such justice or justices shall continue to
exercise the duties of their offices and shall be clothed with the powers,
duties, and jurisdiction of police justices of the united or consolidated
city as if originally elected or appointed therein. Their courts shall be
designated as “the police court” or “the police court, part two,” of said
municipality, according to the relative population contained within the
territory of the former city in. which they hold court, respectively, and
their successors shall be elected or appointed as if said justices had
always been police justices of the united or consolidated municipality.
All cases, civil and criminal, which arise within the former territory
of either of said cities, shall, upon motion of the accused or of the
defendant, be certified for trial to the police justice whose court is
held in the territory within which such case arose. If, however, at
the time of annexation or consolidation the mayor of either city shall
be clothed with the jurisdiction and powers of a police justice, said
ordinance may provide that such mayor shall be and become the police
justice designated for the trial of cases, civil and criminal, arising within
the territory of his former city, and he shall thereupon be vested with
all the powers, duties, and jurisdiction conferred by law or by the
adopted charter upon a police justice to the same extent as if he had
been selected or appointed in and for the united or consolidated muni-
cipality. His term of office shall begin on the day when annexation or
consolidation is declared effective, and end with the term for which he
was elected mayor. His salary shall be determined and his successors
shall be elected or appointed in the manner and for the term hereinbe-
fore prescribed. The court of any police justice appointed or elected
in the manner herein provided shall be designated as “part two” of
the police court of the united or consolidated municipality, if either
of said cities had a police justice at the time of annexation or con-
solidation.

Fourth. Said ordinance may provide for an assistant to the attor-
ney for the Commonwealth and to the city attorney of the united or
consolidated municipality, and may continue in office as such assistant
or assistants for the terms for which they were respectively elected ‘or
appointed the Commonwealth’s attorney and city attorney of the city
whose charter is surrendered.

Fifth. It may contain any other special provisions agreed upon by
the said cities which are not inconsistent with the Constitution and laws
of the Commonwealth, or which are permitted by the charter of either
city. °

sixth. Said ordinance may transfer members of the police or
fire department or of any other department of the city government
whose charter is surrendered to the corresponding department of the
government of the united or consolidated municipality, and the several
boards, commissioners, and officials, respectively, and they shall espec-
ally have the power to fix and assign the rank, title, duties, and powers
>f such transferred members, except that the place of service of trans-
ferred members of the police and fire departments shall remain in the
territory of the city whose charter is surrendered as long as they
-emain members of said departments, unless in an emergency they are
ordered to other territory; provided, however, that the rank, title,
duties and powers of the transferred members of the police and fire
departments shall remain the same until the governing authorities of
such departments provide otherwise.

2. That all acts or parts of acts insofar as the same conflict here-
with, be and the same are hereby repealed.
3. An emergency existing, this act shall be in force from its
passage.