Chap. 68.—An ACT to amend and re-enact Section 20 of an act entitled “An act
to yncorporate the town of Franklin, Southampton County.”, approved March 15,
1876, relating to the civil and police justice of the town, which section was added
to the charter by Chapter 143, Acts 1940, approved March 6, 1940. [H 116]

Approved February 26, 1944

Be it enacted by the General Assembly of Virginia:

1. That section twenty of an act entitled “An act to incorporate the
town of Franklin, Southampton County.”, approved March fifteenth,
eighteen hundred seventy-six, added to the charter by Chapter one hun-
dred forty-three, Acts nineteen hundred forty, approved March sixth,
nineteen hundred forty, be amended and re-enacted, as follows:

Section 20. The governing body of the town of Franklin may ap-
point a civil and police justice for the town, whose term of office shall be
two years from the date of his appointment, and whose powers, duties,
authority and jurisdiction shall be as hereinafter provided. Any such
appointee shall serve for the term of two years, and thereafter until his
successor has been appointed and qualified. The mayor, or any other
qualified voter of the town, whom the governing body deems qualified
may be appointed as the civil and police justice. In the event of the
mayor being appointed as civil and police justice, he shall discharge the
duties pertaining to that office, in his capacity as civil and police justice,
and not as mayor, and he shall receive the salary provided for him by the
governing body, for his services as mayor, and also such salary, if any,
as is provided by the governing body for his services as civil and police
justice. The civil and police justice is hereby vested with all the power,
authority, and jurisdiction, and charged with all the duties within, and
for, the town of Franklin, which are, or may hereafter be, conferred or
imposed upon trial justice, juvenile and domestic relations courts by the
laws of this State so far as applicable and not in conflict with the pro-
visions of this section; and in criminal matters, such power, authority
and jurisdiction may be exercised in the parts of Southampton county
that lie within one mile of the corporate limits of the town of Franklin;
and any amendments of the laws governing or relating to trial justices
and juvenile and domestic relations courts, or either, of this State shall
be considered as amendments, also, of this section, if applicable hereto.

Fees and costs shall be assessed by the civil and police justice and
shall be collected as provided by the laws of this State relating to trial
justices and juvenile and domestic relations courts as the same shall now
be, or as hereafter amended. All fees and costs collected by the civil and
police justice and all fines collected for violations of all laws and ordi-
nances of the town shall be paid into the town treasury for the use and
benefit of the town. , .

Removals may be had, and appeals from the decisions of the civil and
police justice may be taken, to the Circuit Court of Southampton County
in the same manner, upon the same terms and shall be tried in the same
way as removals, or as appeals from the decision of trial justices or juve-
nile or domestic relations courts, as the case may be, are provided to be
taken and tried by the laws of this State relating to trial justices and
juvenile and domestic relations courts as the same shall now be or as
hereafter amended. .

The governing body may also appoint such clerk or clerks as it deems
necessary, provide for just compensation therefor, and provide necessary
records.

The governing body shall provide a salary to compensate the civil
and police justice in such amount and payable at such times as it deems
proper, and may provide also for a vacation period, either with or with-
out pay, and for such duration as it deems proper.

Like provisions may be made for a substitute civil and police justice.
and when such substitute acts he shall receive the compensation which
would have been paid his principal if he had acted, and which compensa-
tion shall be deducted from the salary or allowance made to the principal.

Nothing contained herein shall prevent the town of Franklin from
combining with the county of Southampton for the use of one trial justice
and one substitute trial justice for such combined town and county, in
such manner as may be provided by the laws of this State relating to trial
justices and if the town of Franklin and county of Southampton shall
at any time combine for the use of one trial justice and one substitute
trial justice for the town and county, the laws of this State relating to trial
justices, so far as applicable, shall control and not this section; provided
that the combination of the town with the county for the use of one trial
justice and one substitute trial justice shall not prevent the governing
body, if at any time thereafter it desires so to do, from withdrawing the
town of Franklin from such combination, by a vote of the governing
body, and appointing a civil and police justice and substitute civil and
police justice for the town of Franklin under the provisions of this sec-
tion, nothwithstanding anything in the trial justice laws of Virginia to
the contrary; and likewise nothing herein contained shall prevent the
town, after withdrawing from such combination, from again adopting
the combination with the county.

The powers and jurisdiction provided for in this section, as to matters
other than those pertaining or relating to violations of ordinances of the
town and in criminal matters, may be exercised only to the extent per-
mitted by general law.

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

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