Chap. 385.—An ACT to amend and re-enact Sections 5 and 14, as amended, Chap-
ter 91 of the Acts of Assembly of 1919, approved September 11, 1919, which
incorporated and provided a charter for the City of South Norfolk, and to
amend the charter, as amended, by adding a new section numbered 43-a, the
amended and new sections relating to election, term and compensation of cer-
tain officers, and collection of, and appeal from, local and special assessments.

[

| H B 433]
Approved March 28, 1946

Be it enacted by the General Assembly of Virginia:

1. That sections five and fourteen, as amended, of chapter ninety-
one of the Acts of Assembly of nineteen hundred nineteen, approved Sep-
tember eleven, nineteen hundred nineteen, be amended and re-enacted and
that the chapter, as amended, be further amended by adding a new sec-
tion numbered forty-three-a, the amended and new sections being as fol-
lows:

Section 5. The councilmen, treasurer, commissioner of the revenue
and city sergeant shall be elected for terms of four years, and each shall
serve until his successor shall have qualified. On the second Tuesday in
June, nineteen hundred and thirty-seven, and on the second Tuesday in
June of every fourth year thereafter, there shall be elected from the city
at large, two councilmen for terms of four years; and on the second Tues-
day in June, nineteen hundred and thirty-nine, and on the second Tues-
day in June of every fourth year thereafter, there shall be elected from
the city at large three councilmen for terms of four years. The terms
of office of all councilmen hereafter elected shall begin on the first day of
September next succeeding their election. The treasurer, commissioner
of the revenue and the city sergeant, shall be elected at the general election
held for the election of members of the House of Delegates in November
and immediately preceding the expiration of the terms of office of their
predecessors and shall take office on the first day of January next suc-
ceeding their election.

The mayor shall be elected by the qualified voters of the city fora
term of four years. The mayor shall receive not less than nine hundred
dollars, nor more than twenty-four hundred dollars per annum, and such
salary shall be fixed by the common council and shall not be diminished
during his term of office.

Section 14. The common council shall, on or before September
first, nineteen hundred and forty-one, and every four years thereafter,
appoint a trial justice and a substitute trial justice for the city, who
shall take office on September first of the year of appointment, and
shall serve for a term of four years. Such trial justice shall receive not
less than nine hundred dollars nor more than twenty-four hundred dol-
lars per annum, such salary to be fixed by the common council, and re-
ceive no other compensation for his services as trial justice. The substi-
tute trial justice shall act as trial justice during the absence or inability
of the trial justice, and his compensation shall be the same as that of the
trial justice for the time served by him as such substitute trial justice, and
shall be paid out of the city treasury. Before entering upon the discharge
of their duties the trial justice and the substitute trial justice shall take
the oath required by law and enter into bond in such penalty and with
such surety as the common council may determine. The common coun-
cil shall have authority to appoint a clerk who shall be known as clerk
of the trial justice court, and who shall receive such compensation as
may be fixed by the council. Such trial justice shall possess the same
jurisdiction and exercise the same powers and authority in civil and crim-
inal matters within the corporate limits of the said city as are by law
possessed and exercised by trial justices of counties with reference
to such matters in counties, and shall have the same jurisdiction and
authority to issue process and to try and determine all civil and crim-
inal cases arising in the said city as trial justices of counties have
with reference to such matters in counties and shall have the power
to issue process, hear and determine all prosecutions, cases and con-
troversies which may arise under the by-laws and ordinances of the
city; impose fines and inflict punishment when and wherever they
are authorized by the said by-laws and ordinances and to issue execution
for the collection of the said fines and to impose such fines and penalties
for the violation of such by-laws and ordinances as to him shall seem just,
where the amount of the penalty or fine for such violation of such by-
laws and ordinances is not fixed by the same; and may, upon the failure
of the offender to pay the fine or penalty recovered and the costs, order
the offender to be confined in the county jail of Norfolk county or the
prison of the city or place the offender on the chain gang of said city for
a term not exceeding ninety days. All fees allowed the trial justice un-
der the general laws of this State for the issuance of warrants, trial of
cases, et cetera, shall be collected as their costs are collected and turned
into the city treasury ; and said trial justice shall have the powers of police
justice of the cities of the first class for the purpose of admitting persons
to bail. Said trial justice shall also be judge of the juvenile and domestic
relations court of said city. The said trial justice shall be allowed an-
nually a vacation period of two weeks with pay. |

Section 43-a. All local or special assessments shall be made by the
commissioner of the revenue and collected by the city treasurer under
such regulations as the common council may by ordinance prescribe.

Provision shall be made by ordinance for the method of levying and
apportioning such special assessments, for the publication of plans, for
serving notice upon the owners of property affected, and for giving to
such owners an opportunity to be heard before final action on the assess-
ment.

Any person affected by such special or local assessment may appeal
from the decision of the commissioner of revenue as to any such assess-
ment against him to the circuit court of Norfolk county.

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