Chap. 362.—An ACT to amend and re-enact sections 63 and 64 of an act to
incorporate the city of Newport News, Virginia, as amended by act approved
March 24, 1920, as amended by act approved March 10, 1928, and to add
thereto a new section to be known as section 64-a. [H B 538]

Approved March 27, 1936

1. Be it enacted by the General Assembly of Virginia, That sections
sixty-three and sixty-four of the act to incorporate the city of Newport
News, in the county of Warwick, and to approve a charter therefor, as
heretofore amended by act approved March twenty-fourth, nineteen
hundred and twenty, as amended by an act approved March tenth,
nineteen hundred and twenty-eight, be amended and re-enacted, and
that said charter be further amended by adding thereto a new section
to be known as section sixty-four-a, said amended and re-enacted
sections and said new section to read as follows:

Section 63. There shall be one police justice, who shall hold the
police court of said city, and who at the time of his election shall be an
attorney at law licensed to practice law in this State for five years, and
shall during his term of office reside in the said city.
Such justice shall receive such compensation as may be fixed by the
council and shall receive no other compensation for the performance
of his duties. All fees, both city and State, allowed by law for any
services and collected by him shall be paid daily to the chief of police
or such member of the police force as may be designated by the city
manager to collect same, who shall furnish bond with surety as fixed
and approved by the council and shall pay all sums so collected by him
in the same manner as in the case of fines, and shall report same weekly
to the city auditor.

The term of the present substitute police justice shall expire on
March thirty-first, nineteen hundred and thirty-six. On and after April
first, nineteen hundred and thirty-six, the civil justice of the city of
Newport News shall act as substitute police justice. In the event of the
inability of the police justice to perform the duties of his office by
reason of sickness, absence, vacation, interest in the claim of party, or
otherwise, such substitute police justice shall perform the duties of the
office during such absence or disability and shall receive for his services
such compensation as may be fixed by the city council. While acting
as such, either the police justice or the substitute police justice may
enter judgments, grant new trials, hear motions and perform other
acts in reference to the proceedings of the other in the same manner
as if they were his own,

In the event of the absence or disability of both the police justice
and the substitute police justice to preside over said court, then in that
event the judge of the corporation court of the city of Newport News,
Virginia, on application of the said police justice, substitute police
justice, or any party in interest, shall designate as police justice pro tem
some attorney of like qualification to preside during such absence or
disability. He shall receive for his services a per diem equal to one-
thirtieth of the monthly pay of the said police justice, to be paid by the
city treasurer of the city of Newport News, Virginia, upon approval
of the judge of the corporation court. While acting as such justice
pro tem, he shall have the same power and authority as herein con-
ferred upon the substitute police justice.

The said police justice shall not appear as counsel in any case, civil
or criminal, pending in the civil court, police court or juvenile and
domestic relations court of said city, or on appeal or removal from any
of said courts.

The police court shall be open for the transaction of business every
day in the year, except Sundays and legal holidays, but the police jus-
tice shall be allowed annually a vacation period of not more than one
month.

The police justice shall be a conservator of the peace within the
corporate limits of the city 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 of the city, provided that
the city shall have the right to an appeal to the corporation court of
said city from any decision of the 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 of the State.

The police justice shall possess all the jurisdiction and exercise all
the power and authority 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 juris-
diction with the county authorities of offenses committed within one
mile of the corporate limits.

In the absence of the police justice and the substitute police justice,
the desk sergeant on duty at the police station shall have the same
power to admit to bail persons charged with misdemeanors as the
police justice would have if present, shall collect the fees therefor and
shall report and pay same to the officer authorized to collect fines
imposed in the police court.

The police justice may, if authorized by the council by ordinance
so to do, appoint a bailiff for his court, who shall hold his office until
removed by the police justice. The bailiff shall have charge of the
police courtroom, the office and furniture and other property contained
therein and be held responsible for the safe-keeping and proper atten-
tion of the same. He shall attend all court of the police justice and
perform such other services as may be required of him by the police
justice. The bailiff shall have the power and authority of a police of-
ficer and shall receive for his services such compensation as the council
of the city shall fix, to be paid out of the city treasury. The council
shall provide a suitable courtroom and office for the police justice and
shall furnish all necessary furniture, books and stationery. Such
books shall be under the control of the police justice, but shall remain
the property of the city.

The records of the police justice shall be kept in the manner pre-
scribed by the council of said city.

Section 64. There shall be one civil justice, who at the time of his
election shall be an attorney at law licensed to practice law in this
State for at least five years, and shall, during his term of office, reside
in said city, and shall not during said term.of office hold any office of
public trust except those of notary public and judge of the juvenile
and domestic relations court of the city of Newport News, and substi-
tute police justice of said city. Such civil justice shall receive a salary
as the council may fix, to be paid in monthly installments out of the
city treasury, and he shall receive no other compensation for his serv-
ices as such justice; provided, however, that no installment of his sal-
ary shall be paid except upon his certificate in writing that he has dis-
posed of all cases which have been submitted to him for disposition for
more than thirty days previous to the date upon which said installments
fall due.

The civil justice court shall be presided over by the civil justice
and held in such places as shall be designated by the council and open
for the transaction of business every day in the year except Sundays
and legal holidays, unless otherwise provided by ordinance of the city;
but such justice shall be allowed a vacation period of not more than
four weeks in each year.
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The term of office of the present substitute civil justice shall expire
on March thirty-first, nineteen hundred and thirty-six. On and after
April first, nineteen hundred and thirty-six, the police justice of the
city of Newport News shall act as substitute civil justice. In the event
of the inability of the civil justice to perform the duties of his office by
reason of sickness, absence, vacation, interest in the claim of parties, or
otherwise, such substitute civil justice shall perform the duties of the
office during such absence or disability and shall receive for his serv-
ices such compensation as may be fixed by the city council. While
acting as such, either the civil justice or the substitute civil justice may
issue executions upon, grant new trials, hear motions and perform
other acts in reference to the judgments and proceedings of the other
in the same manner as if they weré his own.

In the event of the absence or inability of both the civil justice and
the substitute civil justice to preside over said court, then in that event,
the judge of the corporation court of the city of Newport News, Vir-
ginia, on application of the said civil justice, substitute civil justice, or
any party in interest, shall designate as civil justice pro tem some attor-
ney of like qualification to preside during such absence or disability.
He shall receive for his services a per diem equal to one-thirtieth of
the monthly pay of the said civil justice, to be paid by the city treas-
urer of the city of Newport News, Virginia, upon approval of the
judge of the corporation court. While acting as such justice pro tem,
he shall have the same power and authority as herein conferred upon
the substitute civil justice.

The said civil justice shall not appear as counsel in any case, civil
or criminal, pending in the civil court, police court or juvenile and
domestic relations court of said city, or on appeal or removal from any
of said courts.

The said civil justice shall have jurisdiction of any claim to specific
personal property or to any debt, fine or other money or to damages
for breach of contract or for any injury done to property real and per-
sonal, or for any injury to the person which would be recoverable by
action at law or suit in equity when the amount of such claim does not
exceed three hundred dollars, and concurrent jurisdiction with the
circuit and corporation court of said city of any such claim when the
amount thereof exceeds three hundred dollars but does not exceed one
thousand dollars, but when the amount of the claim exceeds the sum
of three hundred dollars, the civil justice shall, at any time within ten
days after the return date of the process, provided judgment has not
been rendered but not thereafter, upon the application of the defendant
and upon the payment by him of the costs accrued to the time of re-
moval, writ tax and clerk’s costs of four dollars, remove the case and
all the papers thereof to the circuit or corporation court of said city as
directed by the defendant, or in the event of his failure so to direct to
either of said courts as the justice may elect; and the clerk of said
court shall forthwith docket said case. On the trial of the case on
removal the proceeding shall conform to section sixty hundred and
forty-six of the Code of Virginia, nineteen hundred and nineteen, as
now or hereafter amended. For the purpose of this section the amount
of the claim shall include any attorney’s fees contracted for in any
instrument sued on, but shall exclude interest and costs in all cases.
The said civil justice shall also have jurisdiction in actions of unlawful
entry and detainer in cases provided for by section fifty-four hundred
and forty-five, Code of Virginia, nineteen hundred and nineteen, as
now or hereafter amended. The said civil justice shall have the power
and jurisdiction in any action or suit pending in said civil justice court
wherein an infant, idiot or lunatic is a party, to approve and confirm a
compromise of the matters in controversy on behalf of such infant,
idiot or lunatic, if said compromise shall be deemed to be to the interest
of the infant, idiot or lunatic; and any order or decree approving and
confirming any such compromise shall be binding upon such infant,
idiot or lunatic, except that the same may be set aside for fraud; and
any such infant shall not be allowéd to attach and set aside any such
order or decree, unless he shall proceed so to do within six months
after coming of age.

The said civil justice shall have jurisdiction to hear and determine
cases under section fifty-one hundred and ninety of the Code of Vir-
ginia, nineteen hundred and nineteen, as now or hereafter amended
where the amount of value does not exceed three hundred dollars, the
proceedings before the said civil justice to be the same as prescribed
by said section before justices of the peace.

The said civil justice shall have also jurisdiction to try and decide
attachment cases where the amount of the plaintiff's claim does not
exceed three hundred dollars, and the proceedings on any such attach-
ment shall conform to the provisions of chapter two hundred and
sixty-nine of the Code of Virginia, nineteen hundred and _ nineteen,
save when an attachment other than under section sixty-four hundred
and sixteen of the Code of Virginia, nineteen hundred and nineteen, is
returned executed, and the defendant has not been served with a copy
thereof, the said civil justice, upon affidavit in conformity with section
sixty hundred and sixty-nine of the Code of Virginia, nineteen hundred
and nineteen, shall forthwith cause to be posted at the front door of
the courthouse of said city a copy of the said attachment, and shall
file a certificate of the fact with the papers in the case, and in addition
to the said posting, the plaintiff in said attachment or his attorney, shall
give to the clerk of the said civil justice the last known address or
abode of the said defendant, verified by affidavit, and the said clerk shall
forthwith mail a copy of the said attachment to the said defendant at
his or her last known address or place of abode; or, 1f said defendant
be a corporation, at its last known address, and the mailing of the said
copy aforesaid shall be certified by the said clerk in writing and such
certificate shall be filed with the papers in the case, and after the said
copy of the attachment has been so posted and mailed, as aforesaid,
for fifteen days, the said civil justice may proceed to try and decide
the said attachment.

Neither the police justice nor any other justice of the peace in said
city shall hereafter exercise such jurisdiction as herein conferred upon
the civil justice. Any warrant within the jurisdiction above conferred
may be issued by any justice of the peace of said city, except the civil
justice and police justice, but when so issued all civil warrants shall be
returnable only before such civil justice for trial and determination.

At or before the time of hearing before such civil justice on any
claim, the plaintiff shall pay said civil justice a trial fee of seventy-five
cents for each hundred dollars value or fraction thereof claimed in the
warrant to the amount of three hundred dollars. In all cases where
the amount involved, exclusive of interest, is over three hundred dol-
lars, the trial fee shall be three dollars. The trial fee shall be taxed
as a part of the costs. For other services rendered by the said civil
justice by virtue of his office he shall charge the following fees:

(1) For each execution issued, the sum of twenty cents.

(2) For each summons in garnishment, the sum of fifty cents.

(3) For the first and second continuances no fee to be charged;
for each continuance after the second, twenty-five cents to be paid by
the party asking for the same, except where the continuance is by
agreement of the parties, in which event the fee for continuance shall be
taxed as a part of the costs in the final judgment.

(4) For each abstract of judgment, twenty-five cents.

(5) For each writ of possession in actions in detinue, fifty cents.

(6) For each writ of possession in actions of unlawful entry or
detainer, fifty cents.

(7) For each summons and order for interrogatories, fifty cents.

(8) For each order of sale upon judgment in attachment proceed-
ings, fifty cents.

(9) For each order under section fifty-one hundred and ninety of
the Code of Virginia, fifty cents.

(10) For each appeal bond taken, one dollar.

(11) For each bond suspending judgment for sixty days, one dol-
lar.

: (12) For extra copies of any writ or process, one-half of the above
ees.

(13) For laboring man’s exemption, twenty cents.

(14) For each summons for a witness, twenty-five cents.

(15) For attesting release of judgment in judgment docket, twenty-
five cents.

(16) For certificate of release of judgment, twenty-five cents.

All procedure before the civil justice, except so far as herein other-
wise provided, shall conform to the chapter of the Code concerning
warrants for small claims, except that either party may require the
adverse party to file the particulars of his claims or the grounds of de-
fense, as provided by general law, and except that the proceedings in
a case wherein an infant or insane person is a party shall not be stayed
because of such infancy or insanity, but the civil justice before whom
such suit is pending, shall appoint some discreet and competent attor-
ney at law as guardian ad litem to such infant or insane defendant,
whether such defendant shall have been served with process or not; or,
if no such attorney be found willing to act, the civil justice shall appoint
some other discreet and proper person as guardian ad litem, who shall
faithfully represent the interest or estate of the infant or insane per-
son for whom he is appointed; but the said guardian ad litem so
appointed shall not be liable for costs.

The civil justice rendering any judgment may issue a writ of fieri
facias thereon immediately, if there be not a new trial granted, nor an
appeal allowed, nor a stay of execution; and the said civil justice may
from time to time renew such writ either before or after the expiration
of one year from the date of judgment. The said civil justice may
grant a stay of execution in any case for sixty days upon the defend-
ant giving bond with sufficient surety approved by said justice, during
which time the said defendant, or his surety, may discharge their lia-
bility by paying the total amount due on account of said judgment
including principal, interest and costs to the date of payment. If such
liability be not discharged within sixty days then, after the expiration
of the said period of sixty days, upon motion of the judgment creditor
after five days’ notice in writing to said judgment debtor and surety,
the civil justice shall enter judgment thereon against the surety and
such judgment shall be endorsed ‘‘no security to be taken” and shall
have the same effect as a judgment rendered against a surety on an
appeal bond as hereinafter next set out.

No claim returnable before such justice shall be removed to any
other court, except those cases wherein the amount involved is in excess
of the sum of three hundred dollars, as hereinabove provided, but from
every judgment of said justice in claims exceeding twenty dollars,
exclusive of interest, there shall be an appeal as of right within ten
days after the rendition of such judgment to any of the courts exercis-
ing general original common law jurisdiction in such civil cases in the
city, and all such appeals shall be tried and judgment rendered as pro-
vided by section sixty hundred and thirty-eight, Code of Virginia, nine-
teen hundred and nineteen, but no appeal shall be granted unless and
until the party applying for the same, or some one on his behalf, has
given bond, with sufficient surety to be approved by the justice, to
abide the judgment of the court upon the appeal, if such appeal be
perfected, or if not so perfected, then to satisfy the judgment of the
said civil justice; judgment against such surety when the appeal is not
perfected to be entered under section sixty hundred and twenty-eight
of the Code of Virginia, nineteen hundred and nineteen. No surety
in such appeal bond shall be released by the appellant being adjudicated
a bankrupt at any time subsequent to the judgment rendered by the said
civil justice, but such surety shall be entitled to make any defense on
the trial of the appeal that the appellant could have made, except the
defense of bankruptcy of the principal. The party taking such an
appeal may direct to which of said courts said appeal shall be sent
for trial where there are more than one of such courts, and in the
absence of such direction, the said civil justice may send the same to
any court having jurisdiction and the clerk of said court, upon receipt
of the papers in any such appeal, shall, upon payment of the writ tax,
forthwith docket such case in its regular order; but if said writ tax be
not paid within thirty days from the date of the judgment, the said
appeal shall thereupon stand dismissed, and the said judgment shall
become final, and the said papers, upon application of any party in
interest, shall be returned to the said civil justice by the clerk of the
appellate court whereupon judgment shall be forthwith rendered against
the surety thereon, such judgment to be endorsed “no security to be
taken.”” Appeal cases shall not have preference over other cases pend-
ing in such appellate courts as regards the time of trial.

The city of Newport News, as well as the adverse party, shall have
the right of appeal to the circuit or corporation courts of said city
from any decision of the civil justice affecting the public revenue of
said city or the legality or validity of any ordinance passed by the coun-
cil of the said city.

The said civil justice may issue the summons provided by section
sixty-five hundred and three when the fieri facias upon any final judg-
ment heretofore or hereafter rendered was issued by him.

The said civil justice shall have original exclusive jurisdiction in
the trial of all distress warrants where the amount in controversy does
not exceed the sum of three hundred dollars and all officers who may
execute such warrants of distress in the said city shall make return of
the same together with any bond, bonds, or affidavit taken in connec-
tion therewith to the said civil justice court within sixty days after the
same may have come to his hands and thereafter proceedings shall be
had in said civil justice court as now provided by law in courts of
record under chapter two hundred and seventy-three, Code of Virginia,
nineteen hundred and nineteen, as now or hereafter amended.

Any person entitled to maintain an action at law or proceed by
civil warrant as above set out before said civil justice, may, in lieu of
such action at law or civil warrant, proceed by motion before said
civil justice after not less than five days’ notice, which notice shall be
in writing, signed by the plaintiff, or his attorney, and shall be returned
to the said civil justice on the return day of same, and when so returned
shall be forthwith filed and the date noted thereon, and upon payment
of the trial fee, as above provided, shall be duly docketed, and pro-
ceedings thereafter shall be the same as upon warrants for small claims.
The said notice shall contain a brief informal statement of the plaintiff’s
claim. All such motions shall be served only by the high constable or
sergeant of said city, and shall be tried in the same manner that civil
warrants are now tried before said civil justice.

If any claim shall have been pending before such justice sixty days,
he shall notify the parties the same will be dismissed in ten days there-
after unless a cause can be shown to the contrary; and unless such
cause be shown, such justice shall forthwith dismiss such claim. All
papers connected with any of the proceedings in the trial of the cases
before such civil justice, except such as may be removed, or appealed,
shall remain in the office of the civil justice, and shall be properly
indexed and filed and preserved.

Such justice shall have power to make and enforce such reasonable
rules of practice in his court as are not in conflict with law.

The said civil justice shall have the same power in matters of con-
tempt as are conferred on courts and judges by the general law, but
in no case shall the fine exceed fifty dollars and imprisonment exceed
ten days for the same contempt. From any such fine or sentence an
appeal shall be allowed as of right to the corporation court of the city
of Newport News, Virginia, and the proceedings on such appeals shall
conform to the provisions of section forty-five hundred and twenty-
three of the Code of Virginia.

The council shall provide a suitable courtroom and office for the
civil justice and shall furnish all necessary furniture, books and sta-
tionery. Such books shall be under the control of the civil justice, but
shall remain the property of the city.

The said civil justice, whenever authorized so to do by the city
council, may appoint a clerk who shall hold office at the pleasure of the
said civil justice and shall receive such salary as may be fixed by the
council of said city. Such clerk shall be a conservator of the peace
within said city, and shall, as such clerk, issue executions, garnish-
ments, writs of possession, summons for witnesses, summons on inter-
rogatories, copies of orders in attachment cases and under section
fifty-one hundred and ninety of the Code, abstracts of judgments and
all other processes and orders which might or could be issued by the
said justice himself. Said papers shall be signed in the name of the
civil justice court by the said clerk as such clerk. The said clerk shall
receive no compensation for his services except the salary paid by the
said city. Such clerk shall keep the docket and accounts for the civil
justice court, shall collect all fees and regularly deposit all moneys
collected by him, and shall give bond in the sum of twenty-five hundred
dollars for the faithful performance of his duties as such clerk. Such
clerk shall make a monthly report to the city manager showing all fees
collected by him as such clerk and shall pay monthly into the treasury
of the city of Newport News all fees collected by him. Such clerk
shall perform such further duties as may be prescribed by the said
civil justice. He shall be allowed annually a vacation period of two
weeks with pay.

Section 64-a. The city council of the said city may, in its discretion,
provide by ordinance for the appointment of a juvenile officer or of-
ficers, male or female, to be appointed by the city manager upon the
recommendation of the judge of the juvenile and domestic relations
court, who shall hold office at the pleasure of the city manager of
the city of Newport News, and shall receive such salary as may be
fixed by the council of the said city. Such juvenile officer or officers
shall be conservators of the peace within said city and shall have all
of the authority and power now or hereafter conferred by general law
on police officers and on probation officers. Such juvenile officer or
officers shall perform such other and further duties as may be required
of him or them by the said city manager.

An emergency existing, this act shall be in force and effect from
and after the date of its passage.