Chap. 98.—An ACT to amend and re-enact Sections 19r and 105, as heretofore
amended, and Sections 30 and 102 of an act to provide a new charter for the
City of Richmond, approved March 24, 1926. [H 180]

Approved February 29, 1944

Be it enacted by the General Assembly of Virginia:

1. That sections 19r and 105, as heretofore amended, and sections
30 and 102 of an act to provide a new charter for the City of Richmond,
approved March twenty-fourth, nineteen hundred and twenty-six, be
amended and re-enacted so as to read as follows:

Section 19r. To require and compel the abatement and removal of
all nuisances at the expense of the person or persons causing such nui-
sances or the owner or owners or tenant or tenants of the property on
which they exist; and to raze or compel the proper repair of all unsafe
or dangerous public and private buildings, walls, or other structures,
which, by their neglect or otherwise, constitute a menace to the health
or safety of the public or the occupants thereof or thereby are liable to
originate or spread fire within said city, at the expense of the owner or
owners of such buildings, walls, or other structures, and to enact suitable
ordinances to regulate the light and ventilation, sanitation and use of
existing public and private buildings and public and private buildings
hereafter constructed, maintained, altered or improved; to prevent or
regulate slaughterhouses and soap and candle factories within said city,
or the conduct of any dangerous, offensive or unhealthy business, trade
or enterprise or employment therein, and to regulate the transportation
of coal and other articles through the streets of the city, and to collect
and dispose of sewerage, offal, ashes, garbage, carcasses of dead animals
or other offensive matter and to acquire and operate dumps, incinerators,
reduction or other plants for the utilization, storage or destruction of
such materials or any of them, or to contract for and regulate the col-
lection and disposal thereof.

Section 105. There shall be appointed by the City Council one police
justice, who shall hold his office for the term of four years, and until his
successor shall be elected and qualified, unless sooner removed from
office. The said police justice shall hold his court in said city in such
place as the Council may provide each day except Sunday and the first
day of January, the fourth day of July and the twenty-fifth day of De-
cember, or wherever any of said days shall fall on Sunday, the Monday
next following such day, the first Monday in September, the Tuesday
next following the first Monday in November when a general election
is held on such day, and the day proclaimed by the Governor of the Com-
monwealth as Thanksgiving Day. The jurisdiction of the police justice
shall extend to all cases arising within the jurisdictional limits of the
city of which a justice of the peace may take cognizance under the laws
of the State, and to all cases arising under the charter and ordinances
of the city.

There shall be a police court, known as Police Court, Part Two, which
shall be held by a police justice within the former territory of the city
of Manchester, for the trial of all cases, civil and criminal, arising within
the limits of the city of Richmond, so far as said limits lie on the south
side of the James River, and so far as such cases are properly tryable by
a police justice. The justice of Police Court, Part Two, shall hold a court
each day except Sunday and the first day of January, the fourth day of
July and the twenty-fifth day of December, or whenever any of the said
days shall fall on Sunday, the Monday next following such day, the first
Monday in September, the Tuesday next following the first Monday in
November when a general election is held on such day, and the day pro-
claimed by the Governor of the Commonwealth as Thanksgiving Day.
Within said territory the civil jurisdiction of said police justice of Police
Court, Part Two, shall be the same as the civil jurisdiction that the civil
justices of the city of Richmond now exercise or as may be hereafter
conferred upon them, and such police justice of Police Court, Part Two,
shall be elected in the same manner and for the same term as is provided
in this charter for the police justice of the city of Richmond. The police
justice and the police justice of Police Court, Part Two, now in office
shall continue to serve until the end of their respective terms, unless
sooner removed from office.

Such justices shall have such other powers and jurisdiction as may be
conferred upon them by the City Council, not in conflict with the Con-
stitution and laws of the United States and of the State of Virginia. The
City Council may provide for the appointment of such clerks and officers
for said courts of the police justices and make such rules concerning ad-
mission to the court rooms and the maintenance of good order therein
during the sitting of said courts as they may deem proper. The City Coun-
cil may designate one of said police justices to hold a court at such place
or places in the city and at such time as may be prescribed by said Coun-
cil, for the trial of all cases involving the violation in the city of laws of
the State or ordinances of the city regulating travel and traffic upon the
streets, roads and highways and may designate the clerk and other officer
or officers provided for said justices to serve such court in the trial of
such cases.

If any person who has been duly summoned as a witness to attend
and give evidence before the said justice, as the case may be, touching
any matter or thing under the charter or any ordinance of the city shall
fail to attend in obedience to said summons, he or she may be fined at
the discretion of said justice, in a sum not exceeding twenty dollars.
That hereafter, at the expiration of the present term of office, or vacancy
occurring therein, the City Council shall elect the civil justice as provided
for in section thirty-one hundred and twelve of the Code of Virginia.

A clerk of the civil justice court, as provided for in section thirty-
one hundred and eighteen of the Code of Virginia, shall be appointed by
the civil justice and the civil justice number two subject to confirmation
by the City Council, and should the City Council fail within ten days
after the appointment made by the civil justices to confirm the same, the
civil justices shall, within ten days thereafter, appoint another suitable
person and report such appointment to the City Council for confirmation,
and the same procedure shall continue until the City Council shall have
confirmed the appointment made by the civil justices, and such clerk shall
serve during the term of such civil justices unless sooner removed by
such justices or the City Council.

A clerk to the juvenile and domestic relations court, as provided for
in section nineteen hundred and fifty-two of the Code of Virginia, shall
be appointed by the judge of the juvenile and domestic relations court,
subject to confirmation by the City Council, and should the City Council
fail within ten days after the appointment made by the judge to confirm
the same, the judge shall within ten days thereafter appoint another suit-
able person and report such appointment to the City Council for con-
firmation and the same procedure shall continue until the City Council
shall have confirmed the appointment made by the judge, and such clerk
shall serve during the term of such judge unless sooner removed by
such judge or the City Council.

Section 30. It shall be the duty of the Director of Public Works,
when he deems it necessary so to do, to recommend to the advisory board
grades, or changes of grades in the streets, alleys and public places of the
city, with profiles and plans showing the same, and thereupon the board,
if they determine that there should be a change in the grade of such street,
alley or public place, may ratify or confirm such proposed grades, or they
may make such changes therein as they may deem necessary and then
confirm the same, or they may reject the recommendation of the Director
of Public Works. Whenever the advisory board shall order any street.
alley or public place to be graded or the grade thereof to be changed and
the new grade to be executed, if the improvement be such as may cause
damage to the abutting landowners, it shall be the duty of the board.
when the improvement is ordered to be made, to direct three of their
members, one of whom shall be the director of the department of public
works, to proceed by personal inspection of all the premises likely to be
affected by such work to ascertain what damages, if any, in their opinion.
will accrue to the owners of the property or properties likely to be affected
thereby and to report the results of such inspection with their opinion
and reasons therefor in writing to the board. It shall then be the duty of
the board, when such report having been made, to give such notice and
conduct such hearings and to proceed in such manner as may be pre-
scribed by statute, and shall ascertain what damages, if any will accrue
to the owners of the property or properties so likely to be affected, and
their determination subject to such appeal as may be allowed by law
shall have the effect of a judgment. That the provisions of section thirty
hundred and thirty-six of the Code of Virginia inconsistent with the pro-
visions of this section are repealed to the extent of such inconsistency.

Section 102. There shall be elected by the qualified voters of the
City of Richmond, at the general election preceding the expiration of his
term of office, one high constable for said city, who shall hold his office
for the term of four years, and until his successor be appointed and qual-
ify, unless sooner removed from office, and who shall be the ministerial
officer of the civil justices’ courts, and all processes and summonses
emanating from such courts shall he executed by him or his deputies.
The high constable shall keep his office in such place in the city as may
be designated and furnished him by the City Council. He shall, in civil
cases, have the same powers and duties and be subject to the same pen-
alties as prescribed by law to other constables, and shall perform such
duties as the City Council may ordain and as otherwise prescribed by
law, not in conflict with the provisions of this charter, the laws of this
State or the laws of the United States.

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