CHAPTER 568

AN ACT' to amend and reenact §§ 11, 54, 68, 68-a, and 64, as
amended, of Chapter 64 of the Acts of Assembly of 1896,
approved January 16, 1896, which provided a new charter
for the city of Newport News, in the county of Warwick,
§ 11 relating to certain officers of the city, § 54 relating
to powers of the city generally; and §§ 68, 68-a, and 64
relating to certain justices of certain courts, so as to pro-
vide for a change in titles of certain justices; to provide for
forfeiture of certain money and equipment to the city of
Newport News; to designate the duties of certain officers;
and to add a new section, numbered 64-a, so as to provide
a bailiff for a certain court.

[ H 694 ]
Approved April 8, 1950

1. That 8§ 11, 54, 63, 63-a, and 64 of Chapter 64 of the Acts
of Assembly of 1896, as amended, be amended and reenacted,
and that a section numbered 64-a be added to Chapter 64 as
ollows:

§ 11. The council shall prior to the first day of December,
* nineteen hundred and fifty-two, and prior to the first day of
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 * judge of the municipal court of the City of New-
port News; a special justice of the peace to be known as the
* judge of the civil court of the City of Newport News; and a
special justice of the peace to be known as the judge of the
juvenile and domestic relations court of the City of Newport
News, each of whom shall serve for a term of four years and
until his successor shall have been elected and shall have quali-
fied, provided, that the council may elect the same person to
the office of * judge of the municipal court, judge of the civil
court and judge of the juvenile and domestic relations court or
any combination thereof as in its discretion may seem right and
proper. Provided, the council may at any time elect such addi-
tional * judges for any of the 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, that the council may
elect a successor whenever a vacancy occurs in any of said offices.
The council may likewise designate such officer or officers when
elected 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 judges when elected as full
time judges shall not engage in the practice of law. The police
justice and civil justice now holding such offices shall continue
to hold the same until the expiration of their terms, December
$1, nineteen hundred fifty-two, provided only that from the effec-
tive date of this amendment that they shall be known as judge
of the municipal court and judge of the civil court of the City
of Newport News respectively. The 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 mem-
bers of the council.

§ 54. Powers of the city generally; salaries; ordinances
creating indebtedness or directing payment of money, and provid-
ing for confiscation of property.—In addition to the powers enu-
merated herein and in addition to any powers now possessed or
hereinafter conferred upon said city, the city shall have, and
may exercise, all other powers which, under the Constitution
and laws of the State of Virginia, would be competent for this
act specifically to enumerate. The council shall have full power
and authority, except as herein otherwise provided, to exercise
all of the powers conferred upon this city to make such ordi-
nances, by-laws, rules and regulations not inconsistent with the
laws of the State or the provisions of this act as may be expe-
dient for maintaining good government and welfare of the city
and its trade, commerce and manufactures. It may enforce its
ordinances and resolutions and may inflict penalties for any
violations of any thereof by a fine not exceeding * one thousand
dollars or imprisonment in the city jail not exceeding * one hun-
ared eighty days, either or both. And in addition thereto, all
money and things of value, in any lottery or gaming case, and all
money, gambling paraphernalia, office equipment, and all other
personal property of any kind or character, used in connection
with the promotion, operation or conduct of any lottery, or
attempted lottery, shall be forfeited to the City of Newport News
and may be seized by any officer and held to await proceedings
for condemnation. The procedure for the condemnation of said
property so forfeited shall be in a manner provided under exist-
ing State law or by such procedure as may be determined by the
council of the City of Newport News. It shall, by ordinance, fix
the salaries of all officers and employees of the city, except the
salaries of its own members, which shall be as is provided by
general law; and it may, so far as is not inconsistent with the
provisions of this act, define the powers and prescribe the duties
of all such officers and employees. No ordinance, resolution,
by-law, rule, regulation or appropriation shall be made by the
council creating an indebtedness or paying or directing the pay-
ment of any sum of money of greater value than one thousand
dollars, except upon a vote of a majority of all the members
elected to the council.

§ 63. There shall be one * judge of the municipal court,
who shall hold the * municipal court of the city, and who at the
time of his election shall be an attorney at law licensed to prac-
tice law in this State for five years, and shall during his term of
office reside in the said city.

Such * judge 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,
giving receipts therefor and making reports thereof on forms
prescribed by the city auditor, and the person so designated
* 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, costs, etc., and shall report same
weekly to the city auditor, provided, that if and when a clerk be
authorized by ordinance of the city council of the said city as
hereinafter provided, this provision shall become inoperative.
The fees to be charged by the said court shall be as follows:
Trial fee, $1.00
Bail fee, misdemeanor, $1.00
Bail fee, felony, $2.00
Arrest fee, $1.00
Warrant fee, $0.50
Additional costs in state cases where fine is assessed,
$1.25, and where no fine is assessed $0.25 to be paid to the clerk
of the corporation court.

7. Commonwealth Attorney’s fee of $5.00 in cases in which
the Commonwealth Attorney appears, one-half of which shall be
paid to the State and one-half of which shall be paid to the City
of Newport News.

The judge of the corporation court shall, by proper order of
record, appoint as substitute * judge of the municipal court, a
person with like qualifications to the * judge of the municipal
court, and may at any time revoke such appointment and make
a new appointment in like manner in the event of such revoca-
tion or the death, absence or disability of such substitute * judge
of the municipal court.

In the event of the inability of the * judge of the municipal
court to perform the duties of his office by reason of sickness,
absence, vacation, interest in the claim or party, or otherwise,
such substitute * judge of the municipal court shall perform the
duties of the office during such absence or disability and shall

HAP Loe
receive for his services such compensation as the * judge of the
municipal court would receive for a like period, payable out of
the treasury of the city, the amount for such services to be
approved by the judge of the corporation court of the city. While
acting as such, either the * judge of the municipal court or the
substitute * judge of the municipal court may enter judgments,
grant new trials, hear motions and perform other acts in refer-
ence to the proceedings of the other in the same manner as if
they were his own.

The said * judge of the municipal court shall not appear as
counsel in any case, civil or criminal, pending in the civil court,
* municipal court or juvenile and domestic relations court of the
city, or on appeal or removal from any of the courts.

The * municipal court shall be open for the transaction of
business every day in the year, except Sundays and legal holi-
days, but the * judge of the municipal court shall be allowed
annually a vacation period of not more than thirty (80) days
an each year.

The * judge of the municipal court shall be a conservator
of the peace within the corporate 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 the city
from any decision of the * judge of the municipal court 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 * judge of the municipal court shall possess all the
jurisdiction and exercise all the power and authority * 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 corpo-
rate limits of the city and concurrent jurisdiction with the
county authorities of offenses committed within one mile of the
corporate limits. The judge of the municipal court shall have
original jurisdiction to hold preliminary hearings upon charges
of felony for violation of the laws of the State, to send on to
the grand jury those charged with felony against whom he finds
probable cause and to discharge those charged with felony as
to whom he does not find probable cause of guilt. An appeal
may be taken as a matter of right to the corporation court of
the city from any judgment or decision of the judge of the
municipal court imposing any fine, penalty, imprisonment, or
other punishment for violation of any penal law of the State
or ordinance of the city provided that such appeal shall be taken
within ten (10) days from the date of such judgment or deciston,
and in those cases in which the accused 18 not in custody, an
appeal bond shall be given in such sum as may be required by
the judge of the municipal court within ten (10) days from the
date of such conviction.

The judge of the municipal court shall have the same power
in matters of contempt as are conferred on courts and judges
by the general law, but in no case shall the fine exceed fifty
dollars and imprisonment exceed ten days for the same contempt.
From any such fine or sentence an appeal shall be allowed as of
right to the corporation court of the City of Newport News,
Virginia, and the proceedings on such appeal shall conform to
the provisions of § 18-257 of the Code of 1950, as now or here-
after amended.

In the absence of the * judge of the municipal court and the
substitute * judge of the municipal court the desk sergeant on
duty at the police station shall have the same power to admit to
bail persons charged with misdemeanors as the * judge of the
municipal court 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 * municipal court, and shall have
the same power to admit to bail such persons charged with non-
capital felonies as the judge of the municipal court would have
if present, provided that the amount of bail bond to be required
im such felony cases shall be fixed by the judge of the munictpal
court or the substitute judge thereof and provided that in all
capital felony cases only the judge of the municipal court or the
substitute judge thereof or other person authorized by law to
admit to bail shall act.

The * judge of the municipal court may, * when authorized
by the city council by ordinance so to do, appoint a bailiff for his
court, who shall hold office until removed by the * judge of the
municipal court. The bailiff shall have charge * of persons
accused of crime while in the courtroom for trial and if such
person be convicted shall return the same to a designated officer
of the police force after trial. He shall attend all * sessions of
the municipal court, shall have charge of the municipal court
room, the office and furniture and other property contained
therein, and shall perform such other services as may be re-
quired of him by the judge of the municipal court. 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 batlff
with the approval of the city manager may be a member of the
police force of the City of Newport News in which event he
shall be relieved of his routine duties but shall remain subject
to supervision and jurisdiction of the chief of police and the
city manager and shall retain his status as a member of the
police force in so far as his rank, salary, and right of returement
are concerned. He shall be allowed annually a vacation of two
weeks with pay.

The judge of the municipal court shall when authorized by
the council by ordinance so to do appoint a clerk for his court
who shall hold office until removed by the judge of the said
court. Such clerk shall keep the docket, records and accounts
for such court and shall discharge such other duties as may be
prescribed by the judge thereof. He shall account for all fines,
costs, and other monies received by him as such clerk as required
by law, giving receipts therefor and making reports thereof on
forms prescribed by the city auditor. He shall be authorized
to administer oaths, qualify sureties, to take bonds, and admit
to bail in misdemeanor cases as the judge might do in person.
He shall account to the city auditor weekly for all city funds
coming into his hands and shall account to the clerk of the cor-
poration court monthly for all state monies coming into his
hands. Such weekly reports shall be filed within two days after
the expiration of each week and such monthly reports shall be
filed within five days after the expiration of each month. He
shall give bond in such sum as may be fixed by the city council
by ordinance with surety to be approved by the city auditor.
He shall perform such other duties as may be required of him
by the judge of the municipal court. The clerk with the approval
of the city manager may be a member of the police force of the
City of Newport News in which event he shall be relieved of
his routine duties but shall remain subject to supervision and
jurisdiction of the chief of police and the city manager and shall
retain his status as a member of the police force in so far as his
rank, salary, and right of retirement are concerned. The clerk
shall be allowed annually a vacation of two weeks with pay.

The judge of the said municipal court may appoint a sub-
stitute clerk and substitute bailif to act in the event of illness of
the clerk and/or bailiff as the case may be and when so desig-
nated they shall execute said offices as the clerk or bailiff
would do.

The council shall provide a suitable courtroom and office
for the * judge of the municipal court and shall furnish all
necessary furniture, books, and stationery. Such books shall be
under the control of the * judge of the municipal court, but shall
remain the property of the city.

The records of the * judge of the municipal court shall be
kept in the manner prescribed by the council of said city.

Provided, that in the event an additional * judge of the
municipal court or * judges of the municipal court be appointed
as authorized in section eleven of this act, then and in that event
such additional * judge or * judges shall preside over such sec-
tions or sessions of the said * court as may be provided by ordi-
nance of the city council and shall have and exercise all powers
and jurisdiction conferred on the * judge of the municipal court
by this act. Such additional * judge or * judges shall have all
the qualifications prescribed by this act for the * judge of
municipal court and shall receive such compensation as may
fixed by the city council and no other and hold office for such
term as may be prescribed by ordinance of the city council.

§ 63-a. There shall be one judge of the juvenile and do-
mestic 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 the city;
such judge of the juvenile and domestic 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 * judge. The 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
* judge shall be allowed a vacation period of not more than
* thirty (80) days in each year.

The 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

* § 16-130-§ 16-157, both inclusive, of the Code of * 1950, as
now or hereafter amended, provided that in addition to the juris-
diction conferred by general law upon the judges of the juvenile
and domestic relations courts, the judge of the juvenile and
domestic relations court of the City of Newport News shall have
exclusive original jurisdiction for the trial of all juveniles
charged with misdemeanors or violation of city ordinances where
in the opinion of the judge of the juvenile and domestic relations
court such juveniles should not be proceeded against as delin-
quents but should be proceeded against as adults and tried for
the specific offenses with which they are charged.

The substitute judge of the juvenile and domestic relations
court shall be appointed as prescribed in * § 16-188, of the Code
of * 1950, as now or hereafter amended.

Provided, that in the event an additional judge or judges
of the juvenile and domestic relations court be appointed as
authorized in section eleven of this act, then and in that event
such additional judge or judges shall preside over such sections
er sessions of the juvenile and domestic relations court as may
be provided by ordinance of the city council and shall have and
exercise all the powers and jurisdiction conferred on the judge
of the juvenile and domestic relations court by this act. Such
additional judge or judges shall have all the qualifications pre-
scribed by this act for the judge of the juvenile and domestic
relations court 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 ordinance of the council.

§ 64. There shall be one * judge of the civil 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
the term of his office, reside in the city. Such * judge of the civil
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 * judge,
provided, 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
ghirty days previous to the date upon which the installments
all due.

The judge of the corporation court shall, by proper order of
record, appoint as substitute * judge of the civil court, a person
with like qualifications * as the judge of the civil court, and may
at any time revoke such appointment and make a new appoint-
ment in like manner in the event of such revocation, or the
death, absence or disability of such substitute * judge of the
civil court. In the event of the inability of the * judge of the
civil court to perform the duties of his office * the substitute
* judge of the civil court shall * preside over the court during
such absence or disability and shall receive for his services such
compensation as the * judge of the civil court 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 or the
judge thereof.

While acting as such, either the * judge of the civil court
or the substitute * judge of the civil court may enter judgments,
grant new trials, hear motions and perform other acts in refer-
ence to the proceedings of the other in the same manner as if
they were his own.

Provided that in the event an additional * judge of the civil
court or * judges of the civil court be appointed as authorized
in section eleven of this act, then and in that event such addi-
tional * judge or * judges shall preside over such sections or
sessions of the civil court as may be provided by ordinance of
the city council and shall have and exercise all the powers and
jurisdiction conferred on the * judge of the civil court by this
act. Such additional * judge or * judges shall have all the quali-
fications prescribed by this act for the * judge of the civil court
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 ordinance of the city council.

__ The civil court shall be presided over by the * judge of the
civil court 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 judge shall be
allowed a vacation * of thirty (80) days in each year.

The said * judge of the civil court shall not appear as
counsel in any case, civil or criminal, pending in the civil court,
* municipal court, or juvenile and domestic relations court of
the city, or on appeal or removal from any of the courts.

The * judge of the civil court shall have exclusive original
jurisdiction of any claim to specific personal property or to any
debt, fine or other money or to damages for breach of contract
er for any injury done to property real and personal, or for any
injury to the person which would be recoverable by action at
law or suit in equity when the amount of such claim does not
exceed twenty dollars, and concurrent jurisdiction with the cir-
cuit court 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 * judge of the civil court shall also have jurisdiction in
actions of unlawful entry and detainer in cases provided for in
* §§ 8-789-8-794, both inclusive of the Code of 1950, as now or
hereafter amended.

The * judge of the civil court shall have jurisdiction to hear
and determine cases under * § 55-91 of the Code of 1950, as now
or hereafter amended, where the amount of value does not exceed
one thousand dollars. *

The * judge of the civil court shall 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

* §§ 8-519-8-577, both inclusive, of the Code of * 1950, as now
or hereafter amended, save when an attachment other than
under * § 8-566 of the Code of * 1950 as now or hereafter
amended, is returned executed, and the defendant has not been
served with a copy thereof, the said * judge of the civil court,
upon affidavit in conformity with * § 8-71 of the Code of * 1950
as now or hereafter amended, shall forthwith cause to be posted
at the front door of the courthouse of the city a copy of the
attachment and shall file certificate of the fact with the papers
in the case, and in addition to the posting the plaintiff in the
attachment or his attorney, shall give to the clerk of the civil
* court the last known address or place of abode of the defen-
dant, verified by affidavit, and the clerk shall forthwith mail a
copy of the attachment to the defendant at his or her last known
address or place of abode or; if the defendant is a corporation,
at its last known address, and the mailing of the copy aforesaid
* shall be filed with the papers in the case, and after the copy
has been so posted and mailed, as aforesaid, for fifteen days, the
* judge of the civil court may proceed to try and decide the said
attachment provided that the court shall have no jurisdiction of
attachment cases where real estate is the subject matter thereof.

The * judge of the civil court shall have original * jurisdic-
tion in the trial of all distress warrants where the amount in
controversy does not exceed * three hundred dollars and concur-
rent jurisdiction with the corporation court of the city in the
trial of all distress warrants where the amount in controversy
exceeds three hundred dollars but does not exceed one thousand
dollars, and all officers who may execute such warrants of dis-
tress in the city shall make return of the same together with
any bond, bonds, or affidavit taken in connection therewith to
the * judge of the civil court within sixty days after the same
may have come to his hands and thereafter proceedings shall be
had in the civil court as now provided by law in courts of
records under * §§ 8-450-8-461, both inclusive, * § 55-282 of the
Code of * 1950 as now or hereafter amended.

The * judge of the civil court shall have the power and
jurisdiction in any action or suit pending in the civil court
wherein an infant, idiot, or lunatic is a party, to approve and
confirm a compromise of the matters in controversy on behalf
of such infant, idiot, or lunatic, if the compromise shall be
deemed to be to the interest of the infant, idiot, or lunatic; and
any order or decree approving and confirming any such compro-
mise 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 to attach and set aside any such order or
decree, unless he shall proceed to do so within six months after
coming of age.

The * judge of the civil court may issue the summons pro-
vided by * § 8-485 of the Code of * 1950, as now or hereafter
amended, when the fieri facias upon any final judgment hereto-
fore or hereafter rendered was issued by him.

' Neither the * judge of the municipal court nor any justice
of the peace in the city shall hereafter exercise such jurisdic-
tion as herein conferred upon the * judge of the civil court. Any
warrant within the jurisdiction above conferred may be issued
by any justice of the peace of the city except the * judge of the
ceviu court and * judge of the municipal court, but when so
issued all civil warrants shall be returnable only before such
* judge of the civil court for trial and determination.

All procedure before the * judge of the civil court, except so
far as herein otherwise provided, shall conform to * g 16-17, of
the Code of * 1950, as now or hereafter amended, concerning
warrants for small claims, except that either party may require
the adverse party to file the particulars of his claim or the
grounds of defense, as provided by general law, 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 * judge of the civil court before whom such suit is pend-
ing, shall appoint some discreet and competent attorney at law
as guardian ad litem to such infant or insane defendant,
whether such defendant shall have been served with process or
not; or, if no such attorney be found willing to act, the * judge
of the civil court 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 guardian ad litem so appointed shall not
be liable for costs.

Any person entitled to maintain an action at law or pro-
ceed by civil warrant as above set out before the * judge of the
civil court, may, in lieu of such action at law or civil warrant,
proceed by motion before the * judge of the civil court after 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 * judge of the civil court on the return day of same, and
when so returned shall be forthwith filed and the date noted
thereon, and upon payment of the trial fees as herein provided,
shall be duly docketed and proceedings thereafter shall be the
same as upon warrants for small claims. The notice shall con-
tain a brief informa] statement of the plaintiff’s claim. All such
motions shall be served only by the High Constable or sergeant
of said city.

Any civil action, within the jurisdiction conferred upon the
* judge of the civil court, may be brought in the civil court when
the cause of action, or any part thereof, arose in the city of
Newport News, although neither the defendant nor any one of
the defendants reside therein, by warrant or notice of motion
returnable before the * judge of the civil court thereof, any such
warrant or notice of motion may be directed to a constable,
sheriff or sergeant of any county or city wherein the defendant
resides or may be found; but no such warrant or notice of
motion shall be served or 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 upon one of whom such warrant or notice of motion
has been executed within the city of Newport News, or (e)
unless it be otherwise specially provided.

The * judge of the civil court 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 re-
quired. In order to procure a subpoena duces tecum the party
applying therefor must present an affidavit of himself or some
other person * who is desired to produce the same, and stating
that to the best of * his belief, the papers are relevant to the
trial of the case.

The * judge of the civil court rendering any judgment may
issue a writ of fieri facias thereon immediately, if there be not
2 new trial granted, nor an appeal allowed, nor a stay of execu-
tion; and the * judge of the civil court may from time to time
renew such writ either before or after the expiration of one
year from the date of judgment. The * judge of the civil court
may grant a stay of execution in any case for sixty days upon
the defendant giving bond with sufficient surety approved by the

* judge, during which time the defendant, or his surety, may
discharge their liability by paying the total amount due on
account of the judgment including principal, interest and costs
to the date of payment. If such liability be not discharged within
sixty days, then, after the expiration of the period of sixty days,
then, upon motion of the judgment creditor after five days’
notice in writing to the judgment debtor and surety, the * judge
of the civil court shall enter judgment thereon against the
surety and such judgment shall be endorsed “no security to be
taken” and shall have the same effect as a Judgment rendered
against a surety on an appeal bond as herein set out.

Whenever the amount involved in any case within the
jurisdiction of the * judge of the civil court as herein provided
exceeds the sum of three hundred dollars, the * judge of the civil
court shall, at any time within ten days after the return date
of the process, provided judgment has not been rendered but
not thereafter, upon the application of the defendant and upon
the payment by him of the costs accrued to the time of removal,
writ tax and clerk’s costs of four dollars, remove the case and
all the papers thereof to the circuit or corporation court of the
city as directed by the defendant, or in the event of his failure
so to direct to either of the courts as the * judge may elect; and
the clerk of the court shall forthwith docket the case. On the
trial of the case on removal the proceedings shall conform to
* §§ 8-117-8-728, both inclusive, of the Code of * 1950, 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 the * judge 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 city, and all such appeals
shall be tried and judgment rendered as provided by * § 16-S2
of the Code of * 1950, as now or hereafter amended. No appeal
shall be granted unless and until the party applying for same,
or some one in his behalf, except as otherwise provided by gen-
eral law, has given bond, with sufficient surety, to be approved
by the * judge of the civil court, 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 * judge of the
civil court; judgment against such surety when the appeal is
not perfected to be entered under * § 16-29 of the Code of
* 1950, as now or hereafter amended. No surety in such appeal
bond shall be released by the appellant being adjudicated a bank-
rupt at any time subsequent to the judgment rendered by the
* judge of the civil court, 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 prin-
cipal. The party taking such an appeal may direct to which of
the courts the appeal shall be sent for trial where there are more
than one of such courts, and in the absence of such direction,
the * judge of the civil court may send the same to any court
having jurisdiction and the clerk of the 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 the writ
tax be not paid within thirty days from the date of the judgment
the appeal shall * stand dismissed, and the judgment shall be-
come final, and the papers, upon application of any party in
interest, shall be returned to the * judge of the civil court by
the clerk of the appellate court whereupon judgment shall be
forthwith rendered against the surety thereon, such judgment to
be endorsed, ‘“‘no security to be taken.” Appeal cases shall not
have preference over other cases pending in such appellate
courts as regards the time of trial.

* All papers connected with any of the proceedings in the
trial of the cases before * the judge of the civil court, except
such as may be removed, or appealed, shall remain in the office
of the * clerk of the civil court, and shall be properly indexed,
filed and preserved.

At or before the time of hearing before the * judge of the
civil court on any claim, the plaintiff shall pay the * clerk of the
civil court a trial fee of seventy-five cents for each one hundred
dollars value or fraction thereof claimed in the warrant to the
amount of three hundred dollars. In all cases where the amount
involved, exclusive of interest is over three hundred dollars, the
trial fee shall be three dollars. The trial fee shall be taxed as a
part of the costs. For other services rendered by the * judge
of the civil court by virtue of his office he shall charge the fol-
lowing fees:

1. For each execution issued the sum of twenty-five cents.

. 2. For each summons in garnishment, the sum of fifty
cents.

3. For the first and second continuances no fee may be
charged; for each continuance after the second, twenty-five
cents shall be * charged, which shall be paid by the party re-
questing the same at the time continuance is granted provided
that in those cases where continuances are ordered by the court
mo fee should be charged and provided further that in those
cases in which continuance fee is not paid, the said case shall
stand dismissed for want of prosecution without impairing the
right of the plaintiff to proceed anew on the same cause of
action.

4. For each abstract of judgment, twenty-five cents.

te For each writ of possession in actions in detinue, fifty
cents.

6. For each writ of possession in actions of unlawful entry
or detainer, fifty cents.

ts For each summons and order for interrogatories, fifty
cents.

8. For each order of sale upon judgment in attachment
proceedings, fifty cents.

For each order under * § 55-91 of the Code of * 1950,
fifty cents.

10. For each appeal bond taken, one dollar.

11. For each bond suspending judgment, * one dollar.

12. For extra copies of any writ or process, * twenty-five
cents for each copy.

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.

For certificate of release of judgment, twenty-five
cents.

The * judge of the civil court shall have the same power in
matters of contempt as are conferred on courts and judges by
the general law, but in no case shall the fine exceed fifty dollars
and imprisonment exceed ten days for the same contempt. From
any such fine or sentence an appeal shall be allowed as of right
to the Corporation Court of the City of Newport News, Virginia,
and the proceedings on such appeal shall conform to the pro-
visions of * § 18-257, of the Code of * 1950, as now or hereafter
amended

The council shall provide a suitable courtroom and office
for the * judge of the civil court and shall furnish all necessary
furniture, books and stationery. Such books shall be under the
control of the * judge of the civil court, but shall remain the
property of the city.

The * judge of the civil court, whenever authorized so to do
by the city council, may appoint a clerk who shall hold office at
the pleasure of the * judge of the civil court and shall receive
such salary as may be fixed by the council of the city. Such
clerk shall be a conservator of the peace within said city, and
shall, as such clerk, issue executions, garnishments, writs of pos-
session, summons for witnesses, summons on interrogatories,
copies of orders in attachment cases and under * § 55-91, of the
Code of * 1950, as now or hereafter amended, abstracts of judg-
ments and all other processes and orders which might or could
be issued by the * judge of the evel court himself. The papers
shall be signed in the name of the * judge of the civil court by
the clerk as such clerk. The clerk shall receive no compensation
for his services except the salary paid by the city. * The clerk
shall make monthly reports to the city manager showing all fees
collected by him as clerk and shall pay monthly into the treasury
of the city of Newport News all fees collected by him. The clerk
shall have power and authority to administer oaths, qualify
sureties, take bonds in all cases where required, to recognize all
witnesses, and to recognize parties to appear in court as exer-
cised by the judge of said court. The clerk shall perform such
* other duties as may be prescribed by the said judge of the
civil court. He shall be allowed annually a vacation period of
two weeks with pay.

64-a. The high constable of the City of Newport News
Shall be the batliff of the civil court. He shall receive no com-
pensation for his services as bailiff. He shall call the docket of
the court, shall preserve order during the sessions of the court,
and while exercising his duties as bailiff shall have all the
powers, rights, and duties of a police officer of the City of
Newport News.
2. All acts or parts of acts inconsistent herewith are hereby
repealed to the extent of such inconsistency.
3. An emergency existing, this act is in force from passage.