Chap. 167.—-An ACT to amend and re-enact Sections 7, 24, 25, 26, 27, 29, 30, 31,
32, 33, 34, 35, 36, 47, 50, 52, 56, 57 and 58 of an act entitled “An act to provide
a new charter for the City of Lynchburg, Virginia.”, approved March 21, 1928,
as heretofore amended, and to further amend the said act by adding thereto
thirteen new sections numbered 36-a to 36-m, inclusive. [H B 286]

Approved March 10, 1942

1. Be it enacted by the General Assembly of Virginia, That section
seven, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-nine,
thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-
six, forty-seven, fifty, fifty-two, fifty-six, fifty-seven and fifty-eight of an
act entitled “An act to provide a new charter for the City of Lynchburg,
Virginia.”, approved March twenty-first, nineteen hundred and twenty-
eight, as heretofore amended, be amended and re-enacted, and that the
said act be further amended by adding thereto thirteen new sections num-
bered thirty-six-a, thirty-six-b, thirty-six-c, thirty-six-d, thirty-six-e,
thirty-six-f, thirty-six-g, thirty-six-h, thirty-six-i, thirty-six-j, thirty-six-
k; thirty-six-l and thirty-six-m, so that the said amended sections and the
said new sections shall be as follows:

Section 7. The salary of each member of the Council shall be five
hundred dollars per annum, except that member who shall be elected
mayor, whose salary shall be seven hundred and fifty dollars per annum,
payable out of the treasury of the city of Lynchburg in monthly instal-
ments; provided, however, that the council may, from time to time, by
five-sevenths’ vote of all members elected to the council, change the sal-
aries of each member of the council, and the member who shall be elected
mayor, to such sums per annum as it may see fit, but not to exceed the
sum of five hundred dollars per annum for each member of the council and
seven hundred and fifty dollars per annum for the mayor.

Section 24. The jurisdiction of the corporation and the circuit
courts of the city shall extend to the corporate limits thereof and to a space
of one mile without and around said limits, except that the same shall not
extend into the county of Amherst beyond the corporate limits; and any
judgment, order or decree of the said corporation court or of the said
circuit court for the city of Lynchburg heretofore made in any case, ir
which the said court would have had jurisdiction had this act been in
operation, shall have the same effect as if this act had been at that time ir
force.

Section 25. The City Council, in the month of September, nineteen
hundred and forty-three and each four years thereafter, shall elect ar
officer, who at the time of his election shall be an attorney-at-law, licensed
to practice in this State for at least five years, who shall be called the
Judge of the Municipal Court of said city, whose term of office shall begin
on the first day of January succeeding his election, and shall continue for
four years thereafter ; his salary shall be fixed by the council and paid out
of the city treasury in monthly instalments and shall not be diminished
during his term of office. The present judge of the municipal court shall be
the judge of the municipal court until the expiration of the term for which
he was elected and until his successor shall be elected and qualified. The
council may elect to the position of judge of the municipal court the same
person who holds the position of judge of the municipal civil court. The
city council shall provide a suitable court room and office for the judge of
the municipal court and shall furnish all necessary furniture, books and
stationery. Such furniture, books and stationery shall be under the control
of the judge of the municipal court, but shall remain the property of the
city. |

Section 26. The judge of the municipal court shall have all the
powers and duties in all criminal matters as by the laws of this State are,
or may be, conferred upon justices of the peace, and the same power to
hold commissions to ascertain insanity, inebriety, addiction to drugs,
feeble-mindedness, and epilepsy, and to enforce the laws of the State re-
lating thereto, as are now or may hereafter be conferred by State law upon
justices of the peace, trial justices or courts of record or the judges
thereof, and in addition to such powers and duties, it shall be his duty and
he shall have jurisdiction to enforce the penal laws of the State, the city
ordinances of the city and resolutions of the council, and shall further have
the same jurisdiction in all aforesaid matters as the civil and police justices
of the cities of Virginia under the laws of the State, and especially as set
forth in section three thousand one hundred and two (3102) of the Code
of Virginia. The said judge of the municipal court shall act as and serve
as judge of the juvenile and domestic relations court of said city and shall
have and exercise all powers conferred by general State laws upon such
courts and the judges thereof. The said judge of the municipal court shall
expressly have original jurisdiction and power to hear, try and dispose
of, subject to appeal from his judgment and decision as hereinafter pro-
vided, charges of misdemeanor for violation of the laws of the State, and
to hold preliminary hearings upon charges of felony for violation of the
laws of the State and to send on to the grand jury those charged with
felony against whom he finds probable cause and to discharge those
charged with felony as to whom he does not find probable cause of guilt.
He shall expressly have exclusive original jurisdiction and power to hear,
try and dispose of, subject to appeal from his judgment and decision as
hereinafter provided, all charges of violation of the ordinances of said
city and resolutions of the city council. And he shall have power to issue
such warrants of arrest, search warrants, summons, capias, mittimus, and
other process and papers as may be proper in enforcing the aforesaid
laws, ordinances and resolutions and his judgments and decisions. And
he shall have the power and jurisdiction within the said city to admit to
bail persons charged with crime in all cases where the courts of record of
this State or the judges thereof are by general State law authorized to
cH. 167] ACTS OF ASSEMBLY 211

admit to bail, except he shall not admit to bail any person whose applica-
tion therefor has been refused by a court of record or judge thereof or
while such application for bail is pending before a court of record or judge
thereof. In the enforcing of the laws of the State relating to misdemeanors
and the city ordinances and resolutions of the council, he shall have power
to impose, enforce and collect all fines and penalties and to impose and
inflict such other punishment as by such laws, ordinances or resolutions
are provided. His territorial jurisdiction or venue shall extend throughout
the corporate limits of the city and for one mile beyond those limits, except
that the same shall not extend into the county of Amherst beyond the
corporate lines of the city. :

Section 27. An appeal may be taken, as a matter of right, to the
corporation court of said city from any judgment or decision of the judge
of the municipal court imposing any fine, penalty, imprisonment, or other
punishment, for violation of any penal laws of the State. And from his
judgment or decision imposing any fine, penalty, imprisonment, or other
punishment, for any infraction of a city ordinance or resolution of the
council, an appeal may be taken, as a matter of right, to the said corpora-
tion court, except in cases where the penalty imposed is a fine not exceed-
ing twenty dollars, in which case his judgment or decision shall be final.

Section 29. Said judge shall hold a court each day (except Sunday
and such days as he may set apart for the trial of juvenile and domestic
relations cases when he is sitting as judge of such court), to take cog-
nizance of such cases as may be brought before him under the laws of the
State or the ordinances of the city.

Section 30. When the judge of the municipal court is elected, the
city council shall also elect an assistant judge of the municipal court whose
term of office shall coincide with that of the judge of the municipal court,
and who shall be an attorney-at-law licensed to practice in this State, and
who in case of the absence from the city or inability to act on the part of
the judge of the municipal court, shall act in all matters in the place, room
and stead of the said judge of the municipal court, and who when so
acting shall possess the same powers and discharge the same duties as said
judge; and his salary for so acting shall be fixed by the council and paid
out of the city treasury. And in addition, the said assistant judge of the
municipal court, independently of whether he be acting for the judge of
the municipal court or not, shall at all times have the same power to issue
warrants and to admit to bail as is hereinafter provided for bail commis-
sioners, and at all times have the same powers as the judge of the munici-
pal court in matters relating to lunacy, inebriacy, drug addicts, feeble-
mindedness and epilepsy, and in matters relating to the issuing of sum-
mons, mittimus, process, capias and other proper papers; and for his
services in issuing warrants, admitting to bail or in connection with
matters of lunacy, inebriacy, drug addicts, feeble-mindedness or epilepsy,
he shall receive the same fees and from the same sources as allowed under
the general laws of the State to other officers for performing similar
services. The present assistant judge of the municipal court shall be the
assistant judge of the municipal court and fill that office until the expira-
tion of the term for which he was elected and until his successor shall be
elected and qualified. The city council may elect some attorney-at-law
licensed to practice in this State as substitute assistant judge of the munci-
pal court to act in case of the absence from the city or inability to act on
the part of the assistant judge of the municipal court, who when so acting
shall have all the powers and duties of the assistant judge of the municipal
court. And the council may fix his term of office and provide for and fix
his compensation.

Section 31. Any vacancy in the office of judge of the municipal
court or of the assistant judge of the municipal court or of the substitute
assistant judge thereof may be filled by election by the city council; and
the person or persons thus elected shall serve for the unexpired term of
their predecessor and until their successors shall be elected and qualified.

Section 32. The said judge of the municipal court shall appoint a
clerk of said court who shall hold office at the pleasure of said judge and
shall receive such salary as may be fixed by the city council. Said clerk
shall also act as clerk of the domestic relations and juvenile court and shall
perform such other duties as may be assigned him. The said judge of the
municipal court may also appoint a deputy clerk, who shall hold office at
the pleasure of said judge, and who if appointed, shall have the same
powers and duties as the clerk of said court and shall receive such salary
as may be fixed by the city council. ,

Section 33. The city council shall have authority to appoint from
such of the qualified voters of the city as have no official connection with
the police department of the city not more than five persons, who shall,
when appointed, be called bail commissioners, whose respective terms of
office shall begin on the first day of January succeeding their respective
appointment and shall continue for four years thereafter. _

All said bail commissioners, if appointed, shall each, at all times, have
the same authority and power as the judge of the municipal court to issue
search warrants and warrants of arrest for violation of the criminal laws
of the State and penal ordinances of the city, and each of said bail com-
missioners shall at all times have power and jurisdiction within the said
city to admit to bail persons charged with crime in all cases where the
courts of record or the judges thereof are authorized to admit to bail; but
none of said bail commissioners shall issue any such warrants nor admit
any persons to bail after any court of record having jurisdiction in the
matter, or the judge thereof, or the judge of the municipal court of the
city, has acted upon the application for such warrant or bail nor while the
application for such warrant or bail is pending before such court or judge.

The council shall have authority by ordinance to provide such rules
and regulations governing the work and duties of the said bail commis-
sioners as it may deem proper and shall fix the fees and compensation of.
such bail commissioners as it may deem proper.

Section 34. The city council, in the month of September, ninetee
hundred and forty-three, and each fourth year thereafter, shall elect an
officer, 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, who shall be called the
judge of the municipal civil court of said city, whose term of office shall
begin on the first day of January succeeding his election, and shall con-
cH. 167] ACTS OF ASSEMBLY | 213

tinue for four years thereafter and until his successor shall be elected and
qualified ; his salary shall be fixed by the city council and paid out of the
city treasury, by monthly instalments, and shall not be diminished during
his term of office. The present judge of the municipal civil court shall be
the judge of said municipal civil court until the expiration of the term
for which he was elected and until his successor is elected and qualified.
The council may elect to the position of judge of the municipal civil court
the same person who holds the position of judge of the municipal court.
Said judge of the municipal civil court shall give bond in the penalty of
twenty-five hundred dollars with such security as may be approved by
the council, payable to the city of Lynchburg with a condition for the
faithful discharge of the duties of his office.

Section 35. When the judge of the municipal civil court is elected,
the council shall also elect an assistant judge of the municipal civil court
who shall be an attorney-at-law licensed to practice in this State whose
term of office shall coincide with that of the judge of the municipal civil
court. In the event of the inability of the judge of the municipal civil court
to perform the duties of his office by reason of sickness, absence, vacation,
or otherwise, such assistant judge of the municipal civil court shall per-
form 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 judge of the municipal civil court either the
judge of the municipal civil court or the assistant judge of the municipal
civil court may issue warrants, executions upon, grant new trials, hear
motions and perform other acts in reference to the judgments and pro-
ceedings of the other in the same manner as if they were his own. The
present assistant judge of the municipal civil court shall be assistant judge
of the municipal civil court until the expiration of the term for which he
was elected and until his successor shall be elected and qualified. |

Section 36. Any vacancy in the office of the judge of the municipal
civil court or assistant judge of the municipal civil court may be filled by
election by the city council. The person or persons thus elected shall serve
for the unexpired term and until their successor shall be elected and
qualified. In case of absence from the city, or inability to act, on the
part of either the judge of the municipal civil court or the assistant judge
of the municipal civil court, the city council may designate some person to
act in the place of said judges, who when acting, shall possess the same
powers and discharge the same duties as such judges.

Section 36-a. The said judge of the municipal civil court shall
appoint a clerk and may appoint a deputy clerk for said court, who shall
hold office at the pleasure of the said judge and shall receive such salary
as may be fixed by the city council. Such clerk shall be a conservator of
the peace within said city, and shall as such clerk issue warrants, execu-
tions, garnishments, writs of possession, summons for witnesses, sum-
mons on interrogatories, copies of orders in attachment cases, abstracts ot
judgments and all other processes original, mesne and final, which might
or could be issued by the judge of the municipal civil court himself. Such
clerk shall keep the docket and accounts for the municipal civil 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 <
monthly report to the city auditor showing all fees collected by him a:
such clerk and shall pay monthly to the collector of the city of Lynchburg
all fees collected by him. Such clerk shall perform such other duties as
may be prescribed by the judge of the municipal civil court. He shall be
allowed annually, a vacation period of two weeks with pay. If a deputy
clerk is appointed for said court as provided herein, said deputy clerk shal
exercise all the powers and duties herein given to said clerk.

Section 36-b. The city council shall provide a suitable courtroom
and office for the judge of the municipal civil court and shall furnish all
necessary furniture, books and stationery. Such books and furniture shall
be under the control of the judge of the municipal civil court, but shall
remain the property of the city.

Section 36-c. The high constable of the city of Lynchburg shall act
as bailiff of said municipal civil court and shall have charge of the court-
room thereof. He shall also call the docket of said court and while exer-
cising his duties as bailiff shall have all the powers, rights, and duties of a
police officer of the city of Lynchburg.

Section 36-d. The municipal civil court shall be presided over by
the judge thereof and shall be held in such places as shall be designated by
the city council and shall be held at least three days each week to take
cognizance of such cases as may be brought before it.

Section 36-e. The said judge of the municipal civil court shall have
all the powers and duties of a justice of the peace, and of trial justices in
civil matters, and of civil justices and shall have concurrent jurisdiction
with the circuit and corporation courts of the city of Lynchburg, in all
actions at law where the amount in controversy does not exceed one
thousand dollars exclusive of interest and costs. In furtherance of the
aforesaid jurisdiction, powers and duties, but not in limitation thereof,
the said judge of the municipal civil court, where the amount in contro-
versy does not exceed one thousand dollars exclusive of interest and
costs, shall have the specific jurisdiction, powers and duties as follows:

1. The said judge of the municipal civil court shall have exclusive
original 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 or personal, or for any injury to the person
which would be recoverable by action at law when the amount of such
claim does not exceed two hundred dollars, exclusive of interest and
costs.

2. The said judge of the municipal civil court shall have the same
jurisdiction in actions of unlawful entry and detainer as a court of record
of general jurisdiction. ,

3. The said judge of the municipal civil court shall have jurisdiction
to hear and determine and to enter the proper orders on petitions for the
enforcement of any lien on personal property.

4. The said judge of the municipal civil court shall have jurisdiction
fo try and decide attachment cases.
cH. 167 | ACTS OF ASSEMBLY 215

5. The said judge of the municipal civil court shall have jurisdiction
to decide controversies arising out of distress warrants issued by said
judge of the municipal civil court.

6. The said judge of the municipal civil court shall have the power
and jurisdiction in any action or suit pending in said municipal civil court
wherein an infant, idiot, or lunatic is a party, to approve and confirm a
compromise of 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 he shall have the
same power and jurisdiction as a court of record of general jurisdiction to
order the disposition of any such sum found to be due said infant, idiot,
or lunatic.

7. The said judge of the municipal civil court shall have the same
power as a court of record of general jurisdiction to issue summons in
interrogatories and to determine issues arising therefrom, when the fiert
facias upon any final judgment heretofore or hereafter rendered was 1s-
sued by him. ,

8. The said judge of the municipal civil court shall have the same
power as a court of record of general jurisdiction to issue summons in
interrogatories to adverse parties or claimants and to determine issues
arising therefrom. The procedure hereunder shall be the same as provided
for courts of record of general jurisdiction.

9. The said judge of the municipal civil court shall have the power
to recognize witnesses to appear at a subsequent date to give testimony
in any case; and to issue subpoenas duces tecum, and to punish for con-
tempt any failure to appear or produce the papers required. In order to
procure the subpoenas duces tecum, the party applying therefor, must
present an affidavit of himself or someone for him describing the desired
papers with reasonable certainty and naming the person who is desired to
produce the same, and stating that to the best of affiant’s belief, the papers
are relevant to the trial of the case.

10. The said judge of the municipal civil court shall have the same
powers in matters of contempt as are conferred on courts and judges by
the general law, but in no case shall the fine exceed fifty dollars nor shall
imprisonment exceed ten days for the same contempt. From any such fine
or sentence, an appeal shall be allowed as a matter of right to the corpora-
tion court of the city of Lynchburg, Virginia.

11. The said judge of the municipal civil court shall have the power
and jurisdiction to try any statutory interpleader.

Section 36-f. In any case in which the judge of the municipal civil
court is given jurisdiction, the procedure of a court of record shall be
followed unless otherwise herein provided, except that all cases shall be
tried by said judge of the municipal civil court without the intervention
of a jury.

1. Procedure before said judge of the municipal civil court, wher-
ever practicable, shall conform to the chapter of the Code of Virginia of
nineteen hundred and nineteen, as now or hereafter amended, concerning
warrants for small claims, except that either party may require the ad
verse party to file the particulars of his claim or the grounds of defense
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 judge of the municipal civil court be-
fore whom such suit is pending, shall appoint some discreet and competent
attorney-at-law as guardian ad litem for such infant or insane defendant
whether such defendant shall have been served with process or not, or, it
no such attorney be found willing to act, the judge of the municipal civil
court 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 person for whom he is appointed ; but the said guardian ad litem
so appointed shall not be liable for costs. Any warrant issued hereunder
shall be served on the defendant not less than five nor more than thirty
days from the return day thereof, unless service of such warrant shall be
accepted or waived by the defendant or his counsel.

2. Any person entitled to maintain an action at law or proceed by
civil warrant as above set out before said judge of the municipal civil
court, may, in lieu of such action at law or civil warrant, proceed by mo-
tion before said judge of the municipal civil court after not less than five
days’ notice, unless said notice is waived by the defendant or his counsel,
which notice shall be in writing, signed by the plaintiff, or his counsel, and
shall be returned to the said judge of the municipal civil court on the re-
turn day of same, and when so returned, shall be forthwith filed and the
date noted thereon, and proceedings 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 notices shall be served only by
an officer authorized to serve civil process, unless said notice shall be ac-
cepted or waived by the defendant or his counsel. |

3. Any proceedings by a debtor to have his wages exempt, shall
be as provided by general law. .

4. The proceedings on attachments and garnishments shall be the
same as provided for courts of record, except that where the principal-
defendant is a non-resident and said attachment or garnishment is re-
turned executed, and the principal-defendant has not been served with a
copy thereof, the said judge of the municipal civil court, upon affidavit
in conformity with section six thousand and sixty-nine (6069) of the
Code of Virginia of nineteen hundred and nineteen, as now or hereafter
amended, shall forthwith cause to be posted at the front door of the court-
room of said municipal civil court a copy of said attachment or garnish-
ment, 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 garnish-
ment, or his attorney, shall give to the clerk of said municipal civil court,
the last known address or abode of the said defendant, verified by affi-
dJavit, and the said clerk shall forthwith mail a copy of the said attach-
ment or garnishment to the said defendant at his or her last known address
or place of abode; or, if said defendant be a corporation, at its last known
iddress and the mailing of the copy aforesaid shall be certified by the
said clerk in writing and such certificate shall be filed with the paners in
the case, and after the said copy of the attachment or garnishment has
been so posted and mailed, as aforesaid for fifteen days, the said judge of
the municipal civil court may proceed to try and decide the said attach-
ment or garnishment. ,

5. All officers who may execute warrants of distress issued by said
judge of the municipal civil court, where the amount of said warrant ot
distress does not exceed one thousand dollars, exclusive of interest and
costs, shall make return of the same together with any bond, bonds or
affidavit taken in connection therewith, to the said judge of the municipal
civil court within sixty days after the same may have come to his hands,
and thereafter proceedings shall be had in said municipal civil court as now
or hereafter provided by law for courts of record.

Section 36-g. From every judgment of said judge of the municipal
civil court where the amount in controversy exceeds the sum of twenty
dollars, exclusive of interest and costs, there shall be an appeal as of right
to the circuit or corporation court of the city of Lynchburg, and all such
appeals shall be tried and judgment rendered as provided by section six
thousand and thirty-eight (6038), Code of Virginia of nineteen hundred
and nineteen, as now or hereafter amended, but no appeal shall be granted
unless within ten days from the date of judgment from which the appeal
is sought, the party applying for the same or someone for him, shall have
given bond, with sufficient surety or security, to be approved by said
judge of the municipal civil court to abide the judgment of the court upon
the appeal, if such appeal is perfected, except where such appeal is proper
to protect the estate of a decedent, infant, convict, insane person, the Com-
monwealth of Virginia, a county, city or town, in which instance no bond
shall be required, or if not so perfected, then to satisfy the judgment of
said judge of the municipal civil court; judgment against such surety
when the appeal is not perfected to be entered under section six thousand
and twenty-eight (6028) of the Code of Virginia of nineteen hundred and
nineteen, as now or hereafter amended. 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 judge of the municipal civil
court, 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. When said appeal bond has been filed before
said judge of the municipal civil court, he shall notify the opposing party
in writing, by mailing to said opposing party or his counsel at his or his
counsel’s last known address, notice that said appeal has been taken and
shall endorse on the papers in the case the date of mailing said notice.
The party taking such appeal may direct to which of said courts said ap-
peal shall be sent for trial, and in the absence of such direction, said judge
of the municipal civil court may send the same to either the corporation
or circuit court of the city of Lynchburg, 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 be-
come final and the said papers, upon application of any party in interest,
shall be returned to the said judge of the municipal civil court by the clerk
of the appellate court whereupon judgment shall be forthwith rendered
against surety thereon, such judgment to be endorsed “no security to be
taken,” or if security has been deposited with said judge of the municipal
civil court, upon the appeal being taken, said security shall be applied to
the payment of said judgment and costs and if there remains any balance,
it shall be paid to the party depositing same. Appeal cases shall not have
preference over other cases pending in said appellate courts as regards
the time of trial.

Section 36-h. Whenever the amount involved in any case within the
jurisdiction of said judge of the municipal civil court, as herein provided,
exceeds the sum of three hundred dollars, exclusive of interest and costs,
the judge of the municipal civil court shall, on the return date or at any
time within ten days thereafter, provided that judgment has not been
rendered, but not thereafter, upon the application of the defendant, and the
filing by him of an affidavit of himself, his agent or attorney that he has a
substantial defense to the plaintiff’s claim, and upon the payment by him
of the costs accrued to the time of removal, remove the case, and all the
papers thereof, to the corporation or circuit court of the city of Lynch-
burg. The plaintiff shall, within thirty days from the date of such removal,
pay to the clerk of the court to which the case has been removed the
amount of the writ tax as fixed by law, and four dollars on account of
costs in said court, and in the event of his failure so to do, the case shall
stand dismiss On the trial of the case the proceedings shall conform
to the proceedings under section six thousand and forty-six (6046) of
the Code of Virginia of nineteen hundred and nineteen, as now or here-
after amended.

—_ Section 36-1, The judge of the municipal civil court 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 judge of the municipal civil court may from time to time re-
new such writ either before or after the expiration of one year from the
date of judgment. The said judge of the municipal civil court may grant
a stay of execution in any case for sixty days upon the defendant giving
bond with sufficient surety or security approved by said judge, during
which time the said defendant, or his surety, may discharge their liability
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, the judge of the mu-
nicipal civil court 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
herein set out, or if security has been deposited as aforesaid, said security
shall be applied to the payment of said judgment and costs and if any
balance remains, it shall be paid to the party depositing same.

Section 36-3. Any warrant or other process issued upon any claim
or cause of action of which the judge of the municipal civil court is given
jurisdiction may be made returnable before such judge of the municipal
cH. 167] ACTS OF ASSEMBLY 219

civil court if the defendant or one of them, if there be more than one de-
fendant, resides in the city of Lynchburg, or within one mile of the city
limits thereof, except in the county of Amherst, or if said defendant is
regularly employed, or has a regular place of business in the city of Lynch-
burg, or if the cause of action or any part thereof, arose therein; but any
such warrant, notice of motion, or any other process may be directed to
a constable, sheriff, or sergeant of any county or city wherein the defend-
ant resides or may be found; but no such warrant or notice of motion
shall be executed in any county or in any city other than the city of Lynch-
burg, or within one mile of the city limits thereof, except in the county of
Amherst, unless it be (a) an action against a corporation, (b) an action on
a bond taken by an officer under authority of some statute, (c) an action
to recover damages for a wrong, (d) an action against two or more de-
fendants on one of whom such warrant, notice of motion, or other process
has been executed in the said city of Lynchburg, or, (e) unless it be
otherwise specially provided.

Section 36-k. All papers connected with any of the proceedings in
the trial of cases before such judge of the municipal civil court, and dis-
tress warrants, except such as may be removed on appeal or removal, shall
be properly indexed, filed and preserved in the office of the judge of the
municipal civil court, by said judge. Copies of any papers so filed in the
office of the judge of the municipal civil court, certified by the judge or
clerk thereof, shall be competent evidence in any court of the State of Vir-
ginia, or the United States.

Section 36-1. The judge of the municipal civil court shall have the
power to make and enforce such reasonable rules of practice as are not in
conflict with law.

Section 36-m. For services rendered by said judge of the municipal
civil court by virtue of his office, he shall charge the following fees:

1. For each warrant, summons in garnishment, writ of possession,
summons and order in interrogatories, order of sale in attachment pro-
ceedings, order under section five thousand one hundred and ninety
(5190), Code of Virginia of nineteen hundred and nineteen, and for
each laboring man’s exemption, fifty cents.

2. For each claim tried, a trial fee of fifty cents for each one hun-
dred dollars or fraction thereof, claimed.

3. For each warrant, notice of motion, summons in garnishment,
or other similar proceedings, an indexing and filing fee of fifty cents.

4. For each execution after the first, fifty cents. ,

5. For each witness summoned, for each abstract of judgment, and
for attesting release of judgment in docket book, twenty-five cents.

6. For each continuance after the first, twenty-five cents shall be
paid by the party asking for the same, but where any continuance is by
agreement of the parties, the continuance fee shall be taxed as part of the
costs.

7. For extra copies of any writ or process, except warrants and
summons in garnishment, one-half of the above mentioned fees.

8. The costs of any affidavit required by law to be filed in any
proceeding before the judge of the municipal civil court, shall be taxed as
part of the costs. ,
For any services rendered by said judge of the municipal civil court
by virtue of his office, not provided for herein, the said judge of the mu-
nicipal court shall charge the same fees as provided by general law for
clerks of courts of record of general jurisdiction.

Section 47. The council may impose a tax of one dollar per annum
upon each resident of the city who has attained the age of twenty-one
years. For the purposes of this section every person domiciled in the city
of Lynchburg on the first day of January in any year, and every other per-
son who has had his place of abode in this city for the longer portion of the
twelve months next preceding the first day of January in any year shall
be deemed a resident of this city.

Section 50. There shall be set aside annually from the revenues of
the city, a sinking fund equal to not less than one per centum on the
aggregate outstanding debt of the city, which by its terms is not payable
within one year, and on the debt of the city contracted for a new water
system for said city, or for improving the present system, there may be
set aside an additional fund equal to the two per centum of said debt con-
tracted for a water system for said city; provided that no sinking fund
need be set aside for the retirement of serial bonds maturing periodically.
Said sinking fund shall be applied to the debt or debts for the discharge of
which it was created, and until so applied, shall be invested, with its
accumulations of interest, in direct obligations of the United States Gov-
ernment, or in other bonds and/or securities, the payment of which are
guaranteed both as to principal and interest by the Government of the
United States, or in bonds of the State of Virginia, or of the city of Lynch-
burg, or of any city in the State of Virginia having a population of ten
thousand inhabitants or over, according to the latest United States census.

Section 52. The treasurer, collector of city taxes and assessments,
the collector of delinquent taxes, the collector of water rents and water
assessments, sidewalk, sewer and dry closet assessments, and any other
collector of funds due to the city which it may appoint, shall have power
of distress, garnishment, renting or action, or any other power now
possessed, or that may hereafter be given, to any person charged with the
collection of State taxes, for the purpose of collecting any taxes or assess-
ments as above set forth due to the city. The collector of any such city
taxes or assessments as above provided shall not be required to first
levy or distrain on the property, goods or chattels of the person so as-
sessed, or to find or search for such property, goods or chattels, but with-
out first applying to any person indebted to, or having in his hands estate
of, the party assessed with taxes, may garnishee the estate of any person
owing taxes or assessments to the city of Lynchburg, by serving, himself
or by his deputy or by any other officer authorized to serve process,
written notice upon any person indebted to, or having in his hands estate
of, the party assessed with such taxes, levies or assessments, which notice
shall state the amount of taxes, levies or assessments, plus penalties, in-
terest, and costs, due to the city, shall be signed and issued by the city
collector or his deputy, and shall direct the person on whom such notice is
served, if the sum due for such taxes, levies, or assessments does not ex-
ceed one thousand dollars, to appear before the judge of the municipal
civil court, at the courtroom thereof, at such time as may seem reason-
able, not exceeding sixty days from the date of service of such notice; and
if the sum due exceeds one thousand dollars, such notice shall direct the
person on whom such notice is served to appear before the corporation
court of the city of Lynchburg, at the courthouse thereof, at such time as
may seem reasonable, not exceeding ninety days from the date of the
service of such notice; and from the time of the service of any such notice
the taxes, levies or assessments, together with any penalties, interests, and
costs, shall constitute a lien on any indebtedness due from such person, or
on the estate in his hands, from such time of service up to the return day.
Every notice of such garnishment shall be made in triplicate, one copy to
be served on the garnishee, one to be served on or mailed to the person
charged with such taxes, at his address appearing on the land book or
other tax or assessment rolls of the city, and the third copy to be filed
with the court with the return of the officer serving or mailing the same
thereon. The city collector, or his deputy, shall be entitled to a fee of fifty
cents for each service made by him hereunder. Court costs, other than
service fees, shall not be. assessed unless a trial of said notice or garnish-
ment is held, in which latter event court costs shall be assessed as in other
cases of garnishment. Any execution on judgment entered on said notice
or garnishment shall be directed to the city collector or to any other ot-
ficer whom he may designate. Except as herein provided, all proceedings
on said notice or garnishment shall be the same as now or hereafter pro-
vided by general law for courts of record of general jurisdiction with re-
spect to attachments and garnishments. No deed of trust or mortgage upon
goods and chattels shall prevent the same from being distrained or sold for
taxes assessed against the grantor in such deed while such goods and
chattels remain in the possession of the grantor, nor shall any such deed
prevent the goods and chattels conveyed from being distrained and sold for
the taxes assessed thereon, no matter in whose possession they may be
found. . |

Section 56. The council may impose a penalty of five per centum for
the non-payment of city taxes and levies, and may cause such penalty to be
added to the amount of taxes or levies for any tax year at such time, on
and after the first of July in each year, as it may by ordinance or resolu-
tion from time to time determine; and after such penalty has been added,
the treasurer, city collector of taxes, collector of delinquent taxes, and all
other officers of the:city authorized to collect taxes or levies for the city
of Lynchburg shall have the same rights, powers and methods of collec-
tion as are provided in section fifty-two of this charter. If it come to the
knowledge of the treasurer or collector of city taxes that any person, firm
or corporation owing taxes or levies to the city, is moving or contem-
plating moving therefrom prior to the time said penalty may be added by
the council, the treasurer or city collector shall have the right to collect
the taxes by the method provided in section fifty-two at any time after
such bills for taxes have come into his hands. .
, Section 57. On or before the fifteenth day of August in each year,
the collector shall file with the clerk of the corporation court a list of all
real estate in the city of Lynchburg delinquent for the non-payment of
taxes thereon for the preceding year, which list shall be recorded by the
clerk in the book of delinquent taxes kept in the clerk’s office, indexed in
the name of the parties against whom said taxes are assessed, and said
clerk shall be paid for so recording said list of delinquent taxes the same
sum that he has been heretofore paid for recording delinquent State taxes.

Section 58. There shall be a lien on all real estate, and on each and
every interest therein, for the city taxes assessed thereon from the com-
mencement of each year for which they are assessed. The city council may
require real estate in the city delinquent for the non-payment of taxes, to
be sold for the said taxes, with interest thereon at six per centum per an-
num, and such per centum as they may prescribe for expenses of collec-
tion. Such real estate shall be sold and may be redeemed under the pro-
visions of other sections of the charter.

2. An emergency exists and this act is in force from its passage.