Chap. 292.—An ACT to amend and re-enact section 34 of an act entitled an act
to amend and re-enact an act, relating to the charter of the city of Harrison-
burg, Virginia, approved March 3, 1896, as heretofore amended, so as to
authorize the appointment of a city trial justice, substitute trial justice and
clerk of the trial justice court for the city of Harrisonburg, and prescribing
the terms of office, jurisdiction, duties and compensation of such trial justice,
substitute trial justice and clerk; prescribing fees to be charged and collected
by said trial justices and clerk. [H B 329]

Approved March 26, 1936

1. Be it enacted by the General Assembly of Virginia, That sec-
tion thirty-four of an act entitled an act to amend and re-enact an
act relating to the charter of the city of Harrisonburg, Virginia,
approved March third, eighteen hundred and ninety-six, as hereto-
fore amended, be amended and re-enacted so as to read as follows:

Section 34. The council may appoint, in addition to those herein
provided for, such officers and clerks as it may deem proper and
necessary, and define their powers and prescribe their duties, and fix
their compensation, and may take from each officer so appointed a
bond with sureties to be approved by the council, in such penalty as
it deems proper, payable to the city by its corporate name, with
conditions for the faithful discharge of said duties. All officers
appointed by the council may be removed from office at its pleasure.
In case of any vacancies occurring in any municipal office where it is
not otherwise herein provided, the council shall elect a qualified per-
son to fill such office during the unexpired term; but two-thirds of
the council shall concur in creating any such office or in afterwards
abolishing it. The council may also appoint by a majority of all the
members “thereof, by a recorded yea and nay vote, a city justice of
the peace, who shall hold office for a term of four years, and his term
of office shall begin on the first day of January, succeeding his elec-
tion by the council. Said city justice of the peace shall have jurisdic-
tion, concurrent with the mayor of the city, to try all violations of
ordinances of the city, including violations of ordinances imposing a
license tax and for the non-payment thereof, and inflict such punish-
ment and impose such fines as may be prescribed for violation of the
same by the ordinances of the city. And in all criminal cases occur-
ring within the city, such city justice shall exercise all the powers
and authorities of a justice of the peace of the county of Rocking-
ham, and be entitled to the fees in such cases by law allowed to
justices of the peace.

The city of Harrisonburg having heretofore, in pursuance of law
combined with the county of Rockingham in having a trial justice
for such city and county, it is hereby expressly provided that said
city, by resolution adopted by a majority vote of its council, and
after six months’ notice to the board of supervisors of said county,
may, at the end of any term of office for which such trial justice shall
have been appointed, withdraw from such combination, and may
thereafter have a separate trial justice court for said city as next
herein provided.

In the event the said city shall so withdraw from its said com-
bination with the county of Rockingham, and the city council shall
be of opinion that it is advisable that said city of Harrisonburg have
its own separate trial justice, substitute trial justice and clerk of the
trial justice court, having the same powers and duties as those
possessed by similar officers appointed for counties under provisions
of general law, it may by a recorded majority vote of all its members
adopt a resolution to that effect, and may thereupon apply to the
circuit court of Rockingham county for appointment of such trial
justice, and substitute trial justice, for said city of Harrisonburg.
Such trial justice shall receive such salary as may be fixed by the
council and he shall receive no other compensation for his services
as such trial justice. The substitute trial justice shall act as trial
justice during the absence or inability of the trial justice and shall
receive such compensation as may be fixed by the council. The
council shall have authority, in its discretion, to appoint a clerk to be
known as clerk of the trial justice court and to fix the salary of such
clerk. Such trial justice, substitute trial justice and clerk shall,
respectively, possess the same jurisdiction and exercise the same
powers and authority in civil and criminal matters within the cor-
porate limits of the city as are possessed and exercised by trial
justices, substitute trial justices and clerks, respectively, of counties
with reference to such matters in counties.

If a trial justice is appointed and qualified as herein provided, he
shall also exercise the powers conferred and perform the duties
imposed upon the city justice of the peace whose term of office shall
thereupon terminate.