Chap. 482.—An ACT to amend and re-enact Sections 11, 63 and 64, as heretofore
amended, of an act entitled “An Act to incorporate the City of Newport News,
in the County of Warwick, and to provide a charter therefor.”, approved
January 16, 1896, the said sections relating to certain officers of the city, and
certain courts and the justices and substitute justices thereof: and to further
amend the said act by adding thereto a new section numbered 63-a, relating to
the juvenile and domestic relations court, and the judge or judges and substitute
judge thereof. [H B 541]

Approved April 7, 1942

_ 1. Be it enacted by the General Assembly of Virginia, That sec-
tions eleven, sixty-three and sixty-four, as heretofore amended, of an
act entitled “An Act to incorporate the City of Newport News, in the
County of Warwick, and to provide a charter therefor.”, approved Janu-
ary sixteenth, eighteen hundred and ninety-six, be amended and re-
enacted, and that the said act be further amended by adding thereto a
new section numbered sixty-three-a, so that the said amended sections
and the said new section shall be as follows:

Section 11. The council shall prior to the first day of December,
nineteen hundred and forty-four, and prior to the first day ot December
every four years thereafter, elect a city clerk, a city attorney, a city
auditor, a special justice of the peace to be known as the police justice, a
special justice of the peace to be known as the civil justice, and a special
justice of the peace to be known as the judge of the juvenile and domestic
relations court, each of whom shall serve for a term of four years and
until his successor shall have been elected and shall have qualified, pro-
vided however, that the council may elect the same person to the office
of police justice, civil justice and judge of the juvenile and domestic
relations court or any combination thereof as in its discretion may seem
right and proper. Provided, further, the said council may at any time
elect such additional justices for any of said courts, or any combination
thereof, and for such term or period of time, as in its discretion may
seem right and proper, and provided, further, that the said council may
elect a successor whenever a vacancy occurs in any of said offices. The
said council may likewise designate such officer or officers as full or
part time officers. Such officer or officers when elected as full time
officers shall devote their full time to the discharge of their duties, and
such justices when elected as full time justices shall not engage in the
practice of law. The said council shall also appoint the members of such
boards and commissions as are hereinafter provided for, but no offices
not specifically provided for by this act shall be created except by a vote
of four-fifths of the members of the council.

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 judge of the corporation court shall, by proper order of record,
appoint as substitute police justice, a person with like qualifications to
the police justice, and may at any time revoke such appointment and make
a new appointment in like manner in the event of such revocation, or the
death, absence or disability of such 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
or 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 the police justice would receive for a
like period, payable out of the treasury of the city, the amount for such
services to be approved by the corporation court. While acting as such,
either the police justice or the substitute police justice may enter judg-
ments, 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.

The said police justice shall not appear as council in any case, civil
or criminal, pending in the civil court, police court or juvenile and do-
mestic 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 justice
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 cor-
porate 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 jurisdic-
tion 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
court room, the office and furniture and other property contained therein
and be held responsible for the safe-keeping and proper attention of the
same. He shall attend all courts 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 officer 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 court
room and office for the police justice and shall furnich all manacence,
‘urniture, books and stationery. Such books shall be under the control ot
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.

Provided, that in the event an additional police justice or police
justices be appointed as authorized in section eleven of this.act, then and
‘n that event such additional justice or justices shall preside over such
sections or sessions of said police court as may be provided by ordinance
of the city council and shall have and exercise all the powers and juris-
diction conferred on the police justice by this act. Such additional justice
or justices shall have all the qualifications prescribed by this act for the
police justice and shall receive such compensation as may be fixed by the
city council and no other and hold office for such term as may be pre-
scribed by ordinance of the city council. _ ,

Section 63-a. There shall be one judge of the juvenile and domestic
relations court 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; such judge of the juvenile and do-
mestic relations court shall receive such 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 services as such justice. The said
judge of the juvenile and domestic relations court of the City of Newport
News shall preside over the juvenile and domestic relations court of the
City of Newport News to be held in such places as shall be designated by
the council and open for the transaction of business every day in the year
except Sunday and legal holidays unless otherwise provided by ordinance
of the city, but such justice shall be allowed a vacation period of not more
than one month in each year. se

The said judge of the juvenile and.domestic relations court shall be
elected in the manner provided, shall conform to, exercise the jurisdiction
conferred, and shall be in all matters governed by sections nineteen
hundred and forty-five to nineteen hundred and fifty-three, both in-
clusive, of the Code of Virginia, nineteen hundred and nineteen, as
amended. _ | , . , , , |

The substitute judge of the juvenile and domestic relations court
shall be appointed as prescribed in section nineteen hundred and forty:
eight of said Code of Virginia, nineteen hundred and nineteen, as
amended. 7

Provided, that in the event an additional judge or judges of the
juvenile and domestic relations court be appointed as authorized ir
section eleven of this act, then and in that event such additional judge o1
judges shall preside over such sections or sessions of said juvenile anc
domestic relations court as may be provided by ordinance of the city
council and shall have and exercise all the powers and jurisdiction con.
ferred on the judge of the juvenile and domestic relations court by thi:
act. Such additional judge or judges shall have all the qualification:
prescribed by this act for the judge of the juvenile and domestic relation:
court and shall receive such compensation as may be fixed by the cit)
952 ACTS OF ASSEMBLY [va., 1942

council and no other and hold office for such term as may be prescribec
by ordinance of the council. ,

Section 64. There shall be one civil justice, who at the time of hi
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 saic
city. Such civil justice shall receive such salary as the council may fix.
to be paid in monthly installments out of the city treasury, and he shal!
receive no other compensation for his services as such justice ; provided,
however, that.no installment of his salary shall be paid except upon his
certificate in writing that he has disposed of all cases which have been
submitted to him for disposition more than thirty days previous to the
date upon which said installments fall due.

The judge of the corporation court shall, by proper order of record,
appoint as substitute civil justice, a person with like qualifications to the
civil justice, and may at any time revoke such appointment and make a
new appointment in like manner in the event of such revocation, or 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 claim or party, or
otherwise, such substitute civil justice shall perform the duties of the
office during such absence or disability and shall receive for his services
such compensation as the civil justice would receive for a like period,
payable out of the treasury of the city, the amount for such services to be
approved by the corporation court.

While acting as such, either the civil justice or the substitute civil
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.

Provided, that in the event an additional civil justice or civil justices
be appointed as authorized in section eleven of this act, then and in that
event such additional justice or justices shall preside over such sections
or sessions of said civil court as may be provided by ordinance of the city
council and shall have and exercise all the powers and jurisdiction con-
ferred on the civil justice by this act. Such additional Justice or justices
shall have all the qualifications prescribed by this act for the civil justice
and shall receive such compensation as may be fixed by the city council
and no other and hold office for such term as may be prescribed by ordi-
nance of the city council. |
, 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 one month in
each year.

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 do-

mestic relations court of said city, or on appeal or removal from any of
said courts. re :
The said civil justice shall have exclusive original jurisdiction ot any
‘laim 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
‘eal and personal, or for any injury to the person which would be recov-
srable by action at law or suit in equity when the amount of such claim
foes not exceed twenty dollars, and concurrent jurisdiction with the
‘ircuit and corporation courts of said city of any such claim when the
amount thereof exceeds twenty dollars but does not exceed one thousand
dollars. | ,

The said civil justice shall also have jurisdiction in actions of unlaw-
ful entry and detainer in cases provided for in 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 jurisdiction to hear and determine
cases under section fifty-one hundred and ninety of the Code of Virginia,
nineteen hundred and nineteen, as now or hereafter amended, where
the amount of value does not exceed one thousand dollars, and the pro-
ceedings before the said civil justice to be the same as prescribed by said
section before a justice of the peace. _ ,

The said civil justice shall also have jurisdiction to try and decide
attachment cases where the amount of the plaintiff’s claim does not exceed
one thousand dollars, and the proceedings on any such attachment shall
conform to the provisions of chapter two hundred and sixty-nine of the
Code of Virginia, nineteen hundred and nineteen, as now or hereafter
amended, save when an attachment other than under section sixty-four
hundred and sixteen of the Code of Virginia, nineteen hundred and nine-
teen, as now or hereafter amended, is returned executed, and the defend-
ant 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, as now or hereafter
amended, shall forthwith cause to be posted at the front door of the court-
house 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 ot
place of abode; or, if said defendant be a corporation, at its last knowr
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 postec
and mailed, as aforesaid, for fifteen days, the said civil justice may proceec
to try and decide the said attachment. ,

"The said civil justice shall have original exclusive jurisdiction in the
trial of all distress warrants where the amount in controversy does not ex
ceed the sum of one thousand dollars and all officers who may execute sucl
warrants of distress in the said city shall make return of the same togethe:
with any bond, bonds, or affidavit taken in connection therewith to the
said civil justice court within. sixty days after the samé may have coms
954 ACTS OF ASSEMBLY [va., 194

to his hands and thereafter proceedings shall be had in said civil court a
now provided by law in courts of record under chapter two hundre
and seventy-three, Code of Virginia, nineteen hundred and nineteen, a
now or hereafter amended.

The civil justice shall have the power and jurisdiction in any actio:
or suit pending in said civil justice court wherein an infant, idiot, o
lunatic is a party, to approve and confirm a compromise of the matters i1
controversy on behalf of such infant, idiot, or lunatic, if said compromisi
shall be deemed to be to the interest of the infant, idiot or lunatic; anc
any order or decree approving and confirming any such compromis
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 allowed tc
attack and set aside any such order or decree, unless he shall proceed tc
do so within six months after coming of age. ,

The said civil justice may issue the summons provided by sectior
sixty-five hundred and three, Code of Virginia, nineteen hundred anc
nineteen, as now or hereafter amended, when the fieri facias upon any
final judgment heretofore or hereafter rendered was issued by him.

Neither the police justice nor any other justice of the peace in said
city shall hereafter exercise such jurisdiction as herein conferred upor
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.

All procedure before the civil justice, except so far as herein other-
wise provided, shall conform to the chapter of the Code of Virginia,
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 laws, 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 attorney at law as
guardian ad litem to such infant or insane defendant, whether such de-
fendant shall have been served with process or not; or, if no such at-
torney 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 person for whom
he is appointed ; but the said guardian ad litem so appointed shall not be
liable for costs. ,

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
alter 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
ivil justice on the return day of same, and when so returned shall be
orthwith filed and the date noted thereon, and upon payment of the trial
ees as herein provided, shall be duly docketed and proceedings thereafter
shall be the same as upon warrants for small claims The eaid uctice -Lail
H. 482 | ACTS OF ASSEMBLY JI

ontain a brief informal statement of the plaintiff’s claim. All such motions
hall be served only by the high constable or sergeant of said city.
Any civil action, within the j urisdiction conferred upon the said

ivil justice, may be brought in said civil justice court when the cause of
ction, or any part thereof, arose in said City of Newport News, although
either the defendant nor any one of the defendants reside therein, by
varrant or notice of motion returnable before the civil justice thereof ;
ny such warrant or notice of motion may be directed to a constable,
sheriff or sergeant of any county or city wherein the defendant resides
yr may be found; but no such warrant or notice of motion shall be served
yr executed in any county or in any other city than the City of Newport
News, unless it be (a) an action against a corporation, (b) an action
upon a bond taken by an officer under authority of some statute, (c) an
action to recover damages for a wrong, or (d) an action against two
or more defendants on one of whom such warrant or notice of motion
has been executed in the said City of Newport News, or (e) unless it
be otherwise specially provided.

The said civil justice shall have 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 contempt any failure to appear
or produce the papers required. In order to procure a subpoena duces
tecum the party applying therefor must present an affidavit of himself
or some other person 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 affant’s belief, the papers are relevant to
the trial of the case.

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 defendant giving
bond with sufficient surety approved by said justice, 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,
snterest and costs to the date of payment. If such liability be not dis-
charged 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 shal!
enter judgment thereon against the surety and such judgment shall be
endorsed, “no security to be taken” and shall have the same effect as <
judgment rendered against a surety on an appeal bond as herein set out

Whenever the amount involved in any case within the jurisdictior
of said civil justice court as herein provided exceeds the sum of three
hundred dollars, the said civil justice shall, at any time within ten day:
after the return date of the process, provided judgment has not beer
rendered but not thereafter, upon the application of the defendant anc
upon the payment by him of the costs accrued to the time of removal
writ tax and clerk’s cost of four dollars, remove the case and all the paper:
956 ACTS OF ASSEMBLY [va., 194,

thereof to the circuit or corporation court of the said city as directed b
the defendant, or in the event of his failure so to direct to either of sai
courts as the justice may elect ; and the clerk of said court shall forthwitl
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 o:
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. — ,

_ From every judgment of said justice in claims exceeding twenty
dollars, exclusive of interest, there shall be an appeal as of right by any
party, including the city of Newport News, within ten days after the
rendition of such judgment to either the circuit or corporation courts of
the said city, and all such appeals shall be tried and judgment rendered
as provided by section sixty hundred and thirty-eight, Code of Virginia,
nineteen hundred and nineteen, as now or hereafter amended. No appeal
shall be granted unless and until the party applying for the same, or some
one in his behalf, except as otherwise provided by general law, 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, 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 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 j udgment, 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
o be endorsed “no security to be taken”. Appeal cases shall not have
preference over other cases pending in such appellate courts as regards
he time of trial.

If any claim shall have been pending before such justice sixty days,
1¢ shall notify the parties the same will be dismissed in ten days thereafter
inless a cause can be shown to the contrary; and unless such cause be
hown, such justice shall forthwith dismiss such claim, All papers con-
lected with any of the proceedings in the trial of the cases before such
ivil justice, except such as may be removed, or appealed. shall remain
n the office of the civil justice, and shall be properly indexed, filed and
reserved. , , _ a |

At or before the time of hearing before such civil justice on any
laim, the plaintiff shall pay said civil justice a trial fee of seventy-five
ents for each hundred dollars value or fraction thereof claimed in the
varrant to the amount of three hundred dollars. In all cases where the
mount involved, exclusive of interest is over three hundred dollars, the
rial fee shall be three dollars. The trial fee shall be taxed as a part of the
-osts. For other services rendered by the said civil justice by virtue of his
ffice 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 may be charged ;
‘or each continuance after the second, twenty-five cents shall be paid by
thé party asking for the same, except where the continuance is by agree-
ment of the parties, in which event the fee for continuance shall be taxed
4s 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 de-
tainer, 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 o!

the Code of Virginia, fifty cents. , :

(10) For each appeal bond taken, one dollar.
(11) For each bond suspending judgment for sixty days, one

(12) For extra copies of any writ or process, one half of the abov

(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.

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 n
case shall the fine exceed fifty dollars and imprisonment exceed ten day
for the same contempt. From any such fine or sentence an appeal sha
be allowed as of right to the corporation court of the city of Newpor
News, Virginia, and the proceedings on such appeal shall conform t
the provisions of section forty-five hundred and twenty-three of th
Code of Virginia, nineteen hundred and nineteen, as now or hereafte
amended.

The council shall provide a suitable courtroom and office for the civ
justice and shall furnish all necessary furniture, books and stationery
Such books shall be under the control of the civil justice, but shall remai
the property of the city. a |
958 | ACTS OF ASSEMBLY [va., 1942

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, garnishments, writs
of possession, summons for witnesses, summons on interrogatories, copies
of orders in attachment cases and under section fifty-one hundred and
ninety of the Code of Virginia, nineteen hundred and nineteen, as now or
hereafter amended, 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 N ewport 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. , |

All acts or parts of acts inconsistent herewith are hereby repealed
to the extent of such inconsistency. ,

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