Chap. 554.—Proposing amendments to Section 98 of the Constitution eee

Agreed to by the Senate March 5, 1948
Agreed to by the House of Delegates March 9, 1948

Resolved by the Senate, the House of Delegates concurring, a
majority of the members elected to each house agreeing, that the
following amendments to the Constitution of Virginia be, and the same
are hereby, proposed and referred to the General Assembly at its first
regular session held after the next general election of members of the
House of Delegates for its concurrence, in conformity with the provisions
of section one hundred ninety-six of the Constitution, namely :

Strike from the Constitution of Virginia section ninety-eight, which
is as follows:

Section 98. Division of cities into classes; courts of each class,
additional courts of cities, how provided; abolition and cessation of
corporation or city court—For the purpose of a judicial system, the
cities of the State shall be divided into two classes.

Cities having a population of ten thousand or more, as shown by
the last United States census, or other census, provided by law, shall be
cities of the first class and those having a population of less than ten
thousand, as thus shown, shall be cities of the second class.
In each city of the first class, there may be, in addition to the circuit
court, a corporation court. In any city containing thirty thousand inhabi-
tants or more, the general assembly may provide for such additional
courts as the public interest may require, and in every such city the city
courts, as they now exist, shall continue until otherwise provided by law.

In every city of the second class the corporation or hustings court
now existing shall continue under the name of the corporation court
of such city; but it may be abolished by a vote of a majority of the quali-
fied voters of such city at an election held for the purpose. And whenever
the office of judge of a corporation or hustings court of a city of the
second class, whose annual salary is less than eight hundred dollars,
shall become and remain vacant for ninety days consecutively, such court
shall thereby cease to exist. In case of the abolition of the corporation
or hustings court of any city of the second class, such city shall there-
upon come in every respect within the jurisdiction of the circuit court of
the county wherein it is situated, until otherwise provided by law; and
the records of such corporation or hustings court shall thereupon become
a part of the records of such circuit court, and be transferred thereto,
and remain therein until otherwise provided by law. During the existence
of the corporation or hustings court, the circuit court of the county
in which such city is situated shall have concurrent jurisdiction with said
corporation or hustings court, in actions at law and suits in equity, unless
otherwise provided by law. And insert in lieu thereof the following:

Section 98. Division of cities into classes; courts of each class,
additional courts of cities, how provided ; abolition and cessation of cor-
poration or city court.—For the purpose of a judicial system, the cities
of the State shall be divided into two classes.

Cities having a population of ten thousand or more, as shown by
the last United States census, or other census provided by law, shall be
cities of the first class and those having a population of less than ten
thousand, as thus shown, shall be cities of the second class.

In each city of the first class, there may be, in addition to the circuit
court, a corporation court. In any city containing thirty thousand in-
habitants or more, the General Assembly may provide for a court or
courts with such number of judges for each court as the public interest
may require, and in every such city the city courts, as they now exist,
shall continue until otherwise provided by law.

In every city of the second class the corporation or hustings court now
existing shall continue under the name of the corporation court of such
city; but it may be abolished by a vote of a majority of the qualified
voters of such city at an election held for the purpose. And whenever
the office of judge of a corporation or hustings court of a city of the
second class, whose annual salary is less than eight hundred dollars,
shall become and remain vacant for ninety days consecutively, such
court shall thereby cease to exist. In case of the abolition of the corpora-
tion or hustings court of any city of the second class, such city shall
thereupon come in every respect within the jurisdiction of the circuit,
court of the county wherein it is situated, until otherwise provided by
law; and the records of such corporation or hustings court shall there-
upon become a part of the records of such circuit court, and be trans-
ferred thereto, and remain therein until otherwise provided by law.
During the existence of the corporation or hustings court, the circuit
court of the county in which such city is situated shall have concurrent
jurisdiction with said corporation or hustings court, in actions at law
and suits in equity, unless otherwise provided by law.

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SENATE JOINT RESOLUTION