CHAPTER 718
SENATE JOINT RESOLUTION NO. 10

Proposing amendments to §§ 98, 99, 103 and 116 of the Constitution
of Virginia

Agreed to by Senate and House of Delegates, March 8, 1952

Resolved by the Senate, the House of Delegates concurring, a majority
of the members elected to each House agreeing, that the following amend-
ments to the Constitution of Virginia be, and the same are, hereby pro-
posed 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 concurrnce in conformity with the provisions of section one hun-
dred ninety-six of the Constitution, namely:

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

§ 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 inhabit-
ants 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 corporation 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 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:

§ 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 twenty 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 twenty
thousand, as thus shown, shall be cities of the second class; provided that
any city which has become a city of the first class or a city of the second
class prior to the effective date of this amendment shall continue as a
city of the first class or as a city of the second class notwithstanding the
previous provisions of this section.

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 inhabit-
ants 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 corporation 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 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 situ-
ated shall have concurrent jurisdiction with said corporation or hustings
court, in actions at law and suits in equity, unless otherwise provided
by law.

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

§ 99. Judges of city courts; qualifications, term of office and resi-
dence; holding court in other circuits. For each city court of record a
judge shall be chosen for a term of eight years by a joint vote of the two
houses of the General Assembly. He shall, when chosen, possess the same
qualifications as judges of the Supreme Court of Appeals, and during his
continuance in office, shall reside within the jurisdiction of the court over
which he presides; but the judge of the corporation court of any corpora-
tion having a city charter, and less than ten thousand inhabitants, may
reside outside of the city limits; and such judge may be judge of such
corporation court and judge of the corporation court of some other city
having less than ten thousand inhabitants. The judges of city courts may
be required or authorized to hold the circuit or city courts of any county
or city.

And insert in lieu thereof the following:

§ 99. Judges of city court; qualifications, term of office and resi-
dence; holding court in other circuits.—For each city court of record a
Judge shall be chosen for a term of eight years by a joint vote of the two
houses of the General Assembly. He shall, when chosen, possess the same
qualifications as judges of the Supreme Court of Appeals, and during its
continuance in office, shall reside within the jurisdiction of the court over
which he presides; but the judge of the corporation court of any city of
the second class may reside outside of the city limits; and such judge may
be judge of such corporation court and judge of the corporation court of
some other city of the second class. The judges of city courts may be
required or authorized to hold the circuit or city courts of any county
or city.

Strike from the Constitution of Virginia section one hundred three,
which is as follows:

§ 103. Salaries of judges.—The salaries of judges shall be paid out
of the State treasury, but the State shall be reimbursed for one-half of
the salaries of each of the circuit judges by the counties and cities com-
posing the circuit, according to their respective populations, and of each
of the judges of a city of the first class by the city in which such judge
presides; except that the entire salary of the judge of the circuit court of
the city of Richmond shall be paid by the State. A city may increase the
salary of its circuit or city judge, or any one or more of them, such in-
crease to be paid wholly by such city and not to be diminished during the
term of office of such judge. A city containing less than ten thousand
inhabitants shall pay the salary of its city judge.

And insert in lieu thereof the following:

§ 103. Salaries of judges.—The salaries of judges shall be paid out
of the State treasury, but the State shall be reimbursed for one-half of the
salaries of each of the circuit judges by the counties and cities composing
the circuit, according to their respective populations, and of each of the
judges of a city of the first class by the city in which such judge presides;
except that the entire salary of the judge of the circuit court of the city of
Richmond shall be paid by the State. A city may increase the salary of
its circuit or city judge, or any one or more of them, such increase to be
paid wholly by such city and not to be diminished during the term of office
of puch judge. A city of the second class shall pay the salary of its city
judge.

Strike out from the Constitution of Virginia section one hundred
sixteen, which is as follows:

§ 116. Definitions of “cities” and ‘“towns”.—<As used in this article
the words “incorporated communities” shall be construed to relate only
to cities and towns. All incorporated communities, having within defined
boundaries a population of five thousand or more, shall be known as cities;
and all incorporated communities, having within defined boundaries a
population of less than five thousand, shall be known as towns. In deter-
mining the population of such cities and towns the General Assembly shall
be governed by the last United States census, or such other enumeration
as may be made by authority of the General Assembly; but nothing in this
section shall be construed to repeal the charter of any incorporated com-
munity of less than five thousand inhabitants having a city charter at the
time of the adoption of this Constitution, or to prevent the abolition by
such incorporated communities of the corporation or hustings court thereof.

And insert in lieu thereof the following:
§ 116. Definitions of “cities” and “towns”.—As used in this article
he words “incorporated communities” shall be construed to relate only
0 cities and towns. All incorporated communities, having within defined
youndaries a population of ten thousand or more, shall be known as cities;
and all incorporated communities, having within defined boundaries a
population of less than ten thousand, shall be known as towns. In deter-
mining the population of such cities and towns the General Assembly shall
oe governed by the last United States census, or such other enumeration
as may be made by authority of the General Assembly; provided that any
city which has become a city of the first class prior to the effective date
of this amendment shall continue as a city of the first class notwith-
standing this amendment; and provided that nothing in this section shall
be construed to affect the charter of any city having a city charter prior
to the effective date of this amendment; nor to affect any right or power
enjoyed or exercised by any such city as a city of the second class prior
to this amendment.