Chap. 463.—An ACT to amend and re-enact Section 7 of Ch pter 5, and Section 2
of Chapter 10, as heretofore amended, of an act entitled “An Act to incorporate
the City of Danville.” , approved F ebruary 17, 1890, said Section 7 relating to
the civil justice of the city, and his substitute and clerk! and their powers and
duties, and providing for merging the offices of civil justice and police justice
into the office of trial justice; said Section 2 relating tp justices of the eat
and the juvenile and domestic relations court of the. citys [H B 535]

Approved April, b {942

1. Beit enacted by the General Assembly of Virginia, That section
seven of chapter five and section two of chapter ten, as heretofore
amended, of an act entitled “An Act to incorporate the City of Danville.”
approved February seventeenth, eighteen hundred and ninety, be amended
and re-enacted as follows:

CHAPTER V

Section 7. The office of civil justice of the City of Danville is hereby
created. Such civil justice shall be appointed by the corporation court of
Danville, or by the judge thereof in vacation, and shall hold office for a
term of four years, or until his successor be appointed and qualified, the
first such term to commence on July first, nineteen hundred and thirty-
eight. Any vacancy in the office of civil justice shall be filled for the
unexpired term by the said corporation court or by the judge thereof in
vacation.

Such civil justice shall be a resident of the City of Danville for at
least six months preceding the commencement of his term of office; and
during such term he shall reside within the City of Danville. Such civil
justice shall not appear as counsel in any case pending in his court or on
724 ACTS OF ASSEMBLY [va., 1942

appeal or removal therefrom, nor shall he be permitted or authorized to
accept or receive any claim or evidence of debt for collection where the
enforcement of such claim or evidence of debt is within the exclusive
original jurisdiction of his court. Such civil justice may be removed from
office in such manner and for such causes as is now or may hereafter be
provided for the removal of other State, county, city, town or other
officers.

The said corporation court, or the judge thereof in vacation, shall
appoint a substitute civil justice, having the same qualifications herein
prescribed for the civil justice, and may at any time revoke such appoint-
ment, and may make a new appointment in the event of such revocation,
or of the death, absence or disability of such 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 proceedings
or parties before his court, or otherwise, such substitute civil justice shall
perform the duties of such office during such inability, and shall receive
for his service a per diem compensation equivalent to one-twenty-fifth of
the monthly installment of the salary of the civil justice. For each day in
excess of fifteen within a single year that such substitute civil justice is
required to act, the amount of his compensation as above provided shall
be deducted from the salary of the civil justice. While acting as such civil
justice, the substitute civil justice shall perform the same duties, have the
same jurisdiction, exercise the same powers and authority, and be subject
to the same obligations as provided herein in respect to the civil justice.
The civil justice or the substitute civil justice while acting as civil justice,
may perform all acts, with reference to the proceedings, acts and judg-
ments of the other, in the same manner and with the same force and effect,
as 1f such proceedings, acts and judgments were his own.

Before entering upon the performance of their duties, the civil justice
and the substitute civil justice, and clerk, shall take the oath required by
law of other judicial officers, and shall enter into bond before the corpora-
tion court of Danville, in the penalty of not less than five hundred dollars
nor more than two thousand dollars in the discretion of the court, with
surety to be approved by said court, and conditioned for the faithful
performance of their duties.

The civil justice shall receive such salary as may be fixed by the
council, but not less than twenty-four hundred nor more than thirty-six
hundred dollars per annum. Within the limits set, the council may at any
time increase such salary, but shall not make any diminution effective
for any portion of the term within which such diminution is resolved upon,
unless the then incumbent civil justice consent to such diminution. The
salary of the civil justice shall be paid in monthly installments, out of the
treasury of the City of Danville. The civil justice shall receive for his
services no compensation other than the salary herein provided.

The civil justice shall be a conservator of the peace within the limits
of the City of Danville, and shall exercise in civil matters only the same
powers and jurisdiction, either exclusively or concurrently with the
circuit court and corporation court of Danville (and saving to parties the
same rights of removal or appeal from said justice to said courts), as the
cH. 463] ACTS OF ASSEMBLY 729

Code of Virginia does now or hereafter may confer on trial justices for
the several counties. All general legislation now or hereafter applicable to
rial justices, except with regard to criminal jurisdiction, whether con-
ferring powers, imposing duties, excluding other individuals from per-
forming functions assigned to such justices, establishing fees or costs to
be taxed, or otherwise, shall in the absence of a contrary provision apply
equally to the civil justice of the City of Danville.

The civil justice shall appoint a clerk who shall be designated in
process issued by him as clerk of the civil justice court, and who shall hold
office at the pleasure of such civil justice, and shall receive such salary
as the council may fix, but not less than twelve hundred nor more than
twenty-one hundred dollars per annum, payable in monthly installments
out of the treasury of the city.

Such clerk shall be a conservator of the peace within the limits of the
City of Danville, and may within said limits issue warrants and processes
and shall in all respects possess the same privileges, and be subject to the
same duties, in civil matters only, as now are or hereafter may be con-
ferred or imposed upon clerks of the trial justice courts of the various
counties, by the provisions of the Code of Virginia.

In the event of disability of such clerk to perform the duties of his
office, by reason of sickness, absence, vacation or otherwise, the civil
justice may appoint a substitute clerk who, having qualified and given
bond as required of the clerk hereunder, shall perform all the duties of the
office during such disability, and shall receive for his services a per diem
compensation equivalent to one-twenty-fifth of a monthly installment of
the salary of the clerk, payable as said salary is herein provided to be paid.
For each day in excess of fifteen within a single year that such substitute
clerk is required to act, the amount of his compensation as above provided
shall be deducted from the salary of the clerk.

While acting as such, the clerk or substitute clerk may perform all
acts with reference to proceedings or duties of the other in the same
manner and with the same effect as if they were his own.

Such clerk or substitute clerk shall receive no compensation for his
services other than the salary above provided. They shall deliver all fees
collected by them to the civil justice for distribution in the same manner
as provided for other fees collected by the civil justice. ,

The council of the City of Danville shall provide a suitable court
room and quarters for said civil justice and clerk in the municipal build-
ing of the City of Danville and the hearing and trial of all matters cog-
nizable by said civil justice shall be in said court room and quarters. The
council shall provide such books, stationery and supplies as may be
necessary, and these shall be kept by the civil justice subject to the super-
vision of the corporation court of Danville.

The docket of the civil justice court and all papers thereof shall be
kept in the form and manner provided for those of trial justices in the
several counties; all records, except receipts, of the civil justice court shall
be typewritten and a typewritten index of every judgment or other order
shall be kept, which shall be indexed as well in the name of the person
against whom as in the name of the person in whose favor the same is.
The clerk or substitute clerk shall within a reasonable time from the
effective date of this act prepare such a typewritten index covering every
judgment or other order of. the civil justice court since its creation on the
first day of July, nineteen hundred and thirty-eight.

All fees collected by the civil justice or his clerk shall be paid
promptly into the treasury of the City of Danville. |

The council may at any time consolidate the offices of civil justice
and police justice, and the incumbent of the single office thereby created
shall be known as the trial justice of the City of Danville; in which event
the term of office of said civil justice shall terminate immediately. upon
the appointment and qualification of a trial justice as hereinafter provided
for, and the first term of such trial justice shall be for the unexpired term
of the civil justice. Subject to this provision, the term of office’ of such
trial justice shall be four years, in the same manner hereinbefore provided
in the case of the civil justice. |

Such trial justice shall be appointed in the same manner and shall
possess the same qualifications as prescribed for the civil justice and
shall in addition thereto be an attorney-at-law licensed to practice law in
Virginia. The powers, duties and jurisdiction of such trial justice, and
the conduct of his office in all respects, shall be as the Code of Virginia
does now or hereafter may provide in the case of trial justices of the
several counties, provided, that the territorial extent of his jurisdiction in
criminal matters shall be the same as that of the corporation court of
Danville. Such trial justice shall not, during his term of office, engage in
the practice of law in any form. The trial justice shall be provided with a
court room, quarters and supplies such as are herein required by the
council of the City of Danville in the case of a civil justice.

The corporation court of Danville, or the judge thereof in vacation,
shall appoint a substitute trial justice in the same manner, as set out
herein with respect to a substitute civil justice, but the qualifications for
said substitute trial justice shall be the same as herein provided for the
trial justice.
| Such trial justice, substitute trial justice, clerk and deputy clerk, if
any, shall enter into bond as provided in the case of the civil justice,
substitute civil justice, and clerk. ,

Such trial justice shall receive such salary as may be fixed by the
council, but not less than thirty-six hundred nor more than forty-eight
hundred dollars per annum. Unless otherwise specified, all provisions of
the present section relating to the civil justice, his substitute, his clerk,
or the conduct of his office in any way, shall apply, mutatis mutandis, to
such trial justice and his office.

Notwithstanding any provision to the contrary in the case of trial
justice courts of the several counties, all fees collected by the trial justice,
or any officer of his court, except such fees as belong to officers, other
than the trial justice, his clerk, and the Commonwealth’s attorney, shall
be promptly paid over in full to the treasury of the City of Danville except
in such cases as the general law may provide for the payment of said fees
or any part thereof, into the State treasury. |
cHS. 463, 464] ACTS OF ASSEMBLY , EN

The clerk of the police court of Danville at the time the office of
trial justice begins to function as provided herein, shall be the first clerk
of the trial justice court, and shall not be involuntarily removed from
said clerkship by the trial justice within a period of three years. There-
after, the trial justice shall have such power over his clerk as is herein
provided in the case of the civil justice.

The clerk of the trial justice court shall receive such salary as the
council may fix, but not less than twenty-one hundred nor more than
twenty-seven hundred dollars per annum ; provided that if the corporation
court of Danville or the judge thereof in vacation shall at any time certity,
by an order entered in its common law order book, that it is reasonably
necessary for the prompt and proper dispatch of the business of the trial
justice court to provide the clerk thereof with one or more deputies, the
trial justice shall appoint such deputy or deputies in the same manner
provided for the appointment of the clerk. Each such deputy shall receive
such salary as the council may provide, payable monthly, but not less than
nine hundred nor more than fifteen hundred dollars per annum.

The clerk of the civil justice court (or of the trial justice court, when
and if such shall be created as hereinbefore provided) and the substitute
clerk on days when he acts as such, shall have the same power to admit
to bail as the corporation court of Danville or the judge thereof in vacation
would have if application had been made-to said court or judge thereof in
vacation in the first instance. Such clerk or substitute clerk as above
provided shall also have concurrent jurisdiction with the police or trial
justice of the City of Danville to issue warrants for all offenses against
the ordinances of the City of Danville, committed within the City of
Danville, and to issue criminal warrants for all offenses against the laws
of the Commonwealth of Virginia, committed within said City of’ Dan-
ville, or within one mile of the corporate limits thereof. _ : _

, , CHAPTER X: ,
Section 2. No justices of the peace shall hereafter be elected in the
City of Danville. Oo oe a
, Nothing herein contained shall be construed to deprive the juvenile
and domestic relations court of Danville of any of the powers or jurisdic-
tion now exercised by it or conferred upon it, nor to in any way change
the existing method of selection or appointment of the judge of said

juvenile and domestic relations court.

2. All acts and parts of acts inconsistent with any of the provisions
of this act are hereby repealed to the extent of such inconsistency.