CHAPTER 13

An Act to amend the Code of Virginia by adding a section numbered
46-242.1, making it unlawful to drive vehicles over fire hose under
certain circumstances. fH 8]

Approved February 17, 1954
Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
46-242.1 as follows:

§ 46-242.1. It shall be unlawful for the driver of any vehicle to
drive over any unprotected hose of a fire department when laid down on
any street or private driveway for use at any fire or alarm of fire with-
out the consent of the fire department official in command.

CHAPTER 13
ADMINISTRATION OF JUSTICE

§ 13.01. Circuit Court—The city of Covington shall be and con-
tinue in every respect within the jurisdiction of the circuit court of
Alleghany County and there shall be one and the same circuit court for
the county of Alleghany and the city of Covington. There shall be for
said county of Alleghany and the city of Covington but one courthouse
and county clerk’s office and the county clerk of the county of Alleghany
shall continue in all respects as the clerk of such circuit court. Such court
shall continue to be within the nineteenth judicial circuit and to be known
as the circuit court of the county of Alleghany; and such court shall have
the same jurisdiction in the city of Covington in all respects as corpora-
tion courts have in other cities of its class. .

§ 18.02. Civil and Police Justice-—There may be a civil and police
justice who shall be appointed by the council for a term of four years.
Appointments to vacancies shall be for the unexpired term.

§ 13.038. Civil and Police Justice—Qualifications.—The civil and
police justice, at the time of his election and during his term of office,
shall reside in the city of Covington and shall not, during his term of
office, hold any other office of public trust, but he shall serve as judge of
the juvenile and domestic relations court until, in the discretion of council,
a juvenile and domestic relations judge is appointed. The civil and police
justice shall be an attorney at law qualified and authorized to practice
law in this State. )

§ 18.04. Civil and Police Justice.—Jurisdiction, Compensation, and
Bond.—The jurisdiction, powers, authority, and duties of the civil and
police justice shall be the same as are now or may hereafter be conferred
and imposed upon trial justices in counties by the laws of this State in
civil and criminal matters, including violations of city ordinances, and the
procedure, removals, and appeals shall likewise conform to such laws.
He shall take the oath prescribed by law, and shall receive such compensa-
tion and give such bond as the council may prescribe.

§ 18.05. Civil and Police Justice-Compensation.—The civil and
police justice shall receive such salary as the council] may determine; to
be paid out of the city treasury, and such portion of the expense of this
office, including salary as may be borne by the Commonwealth, shall be
paid directly into the general fund of the city.

§ 13.06. Substitute Civil and Police Justice.—The council shall ap-
point a substitute civil and police justice, who shall possess the same
qualifications as the civil and police justice, and may at any time revoke
such appointment and may make a new appointment in the event of such
revocation, or of the death, absence, or disability of such substitute civil
and police justice. In the event of the inability of the civil and police
justice to perform the duties of his office by reason of sickness, absence,
vacation, interest in the claim, proceedings, or parties before his court or
otherwise, such substitute civil and police justice shall perform the duties
of the office during such absence or disability. The substitute civil and
police justice shall receive such compensation as the council may deter-
mine to be paid out of the city treasury, and such portion of the expense
of this office, including salary, as may be borne by the Commonwealth,
shall be paid directly into the general fund of the city. The civil and police
justice or the substitute civil and police justice may perform such acts
with reference to the proceedings and judgment of the other in any
warrant, claim or proceeding, before the court of the civil and police
justice in the same manner and with the same force and effect as if they
were his own.

§ 13.07. Sessions of Court.—The civil and police justice court shall
be kept open for the transaction of business every day in the year, except
Sundays and legal holidays.

§ 13.08. Fees, Costs, and Fines.—Fees, costs and fines shall be as-
sessed, fixed and collected by the civil and police justice in the same manner
as such fees, fines, and costs are assessed, fixed and collected by trial jus-
tices under general law. All such fees, costs and fines shall be paid into the
city treasury for the benefit of the city; provided that fines, costs and
fees due to the State shall be paid to the proper officials of the State.

§ 13.09. Clerk.—The clerk of the civil and police justice court shall
be appointed by and shall serve at the pleasure of the civil and police
justice. The clerk shall receive such compensation as the Council may pre-
scribe, and give such bond as may be prescribed by general law.

§ 13.10. Judge of the Juvenile and Domestic Relations Court.—The
council may appoint a judge of the juvenile and domestic relations court,
who shall possess the same qualifications and serve for the same term as
the civil and police justice. He shall have and possess all the authority
and jurisdiction given judges of juvenile and domestic relations courts in
counties by general law; and the procedure and removals from his court
shall be governed by general law applicable to such judges in the counties
of the State. He shall take the oath prescribed by law, and shall receive
such compensation and give such bond as the council may prescribe.

§ 13.11. Alternative Municipal Courts.—(a) Notwithstanding the
provisions of Sections 13.02 to 13.10 inclusive of this chapter in place of
the civil and police justice court and juvenile and domestic relations court
therein provided for, the council may by ordinance provide that the city
of Covington shall be and continue in every respect within the jurisdiction
as presently constituted of the trial justice court and the juvenile and
domestic relations court of Alleghany County and there shall be one and
the same trial justice court and one and the same juvenile and domestic
relations court for said county of Alleghany and said city of Covington;
that said courts and the trial justice and judge and clerk thereof respec-
tively shall continue in all respects to have and exercise within the city
of Covington all the jurisdiction, authority and power which they now
have and exercise therein; that, however, the exclusive jurisdiction, right
and authority to issue warrants, summons witnesses, try cases involving
violations of city ordinances or the collection of city taxes or assessments
or any other debts due and owing to such city shall be and continue to
be conferred upon and invested in the police justice and substitute police
justice of the city, notwithstanding any jurisdiction, authority or power
conferred upon or invested in said trial justice court or juvenile and
domestic relation court or the judge, justice or clerk thereof by such
ordinance; and that the procedure, removals and appeals in and from said
trial justice court and domestic relations court shall conform to the gen-
eral laws, and in and from said police justice court shall conform to the
general laws applicable to trial justice courts of counties.

In event such an ordinance is adopted by the council under
subsection (a) of this section, the police justice and substitute police
justice now in office shall continue in office for the terms for which they
were respectively appointed and until their respective successors are
appointed and qualified. At the first meeting of the council after Septem-
ber 1, 1955, and at each succeeding first meeting immediately following
the taking of office of councilmen after a general councilmanic election,
the council shall choose by majority vote of all the members thereof a
police justice and a substitute police justice to serve until the first meet-
ing of the council immediately following the next general councilmanic
election, and until their respective successors are appointed and quali-
fied. The police justice and substitute police justice shall take the oath
prescribed by law and receive such compensation and give such bond
respectively, as the council may prescribe. All fees, fines, forfeitures and
costs imposed or received and collected by the police justice or substitute
police justice by virtue of their respective offices shall be paid by them
respectively into the city treasury. The police justice and substitute police
justice shall keep such records and make such reports as may be prescribed
by the city manager or director of finance.

The substitute police justice shall act for and in place of the police
justice when by reason of sickness, absence, vacation, interest in the
claim, proceedings or parties before the court or any other reason the
police justice cannot perform his duties and when so acting shall have
all the jurisdiction, right and authority of the police justice.

Both the police justice and substitute police justice shall have au-
thority at all times to issue warrants for and to admit to bail persons
charged with violations of city ordinances.

(c) The enactment of the ordinance provided for by subsection (a)
of this section shall not prevent the council at any time thereafter if it
shall desire so to do from repealing such ordinance and establishing the
civil and police justice court and/or juvenile and domestic relations court
provided for in §§ 13.02 to 18.10 inclusive of this chapter.

§ 13.12. Justices of the Peace.—The judge of the circuit court shall
appoint and determine the number of justices of the peace.

The justices of the peace in office at the time of the effective date of
this charter shall continue in office and serve at the pleasure of the judge
of the circuit court. Justices of the peace shall have all the powers, duties
and authority possessed by the justices of the peace in office at the effec-
tive date of this charter or as may hereafter be prescribed by general law.

HAPTER 14
CONSTITUTIONAL OFFICERS

§ 14.01.—Constitutional Officers and Election Thereof.—In addition
to the municipal officers provided for by the preceding provisions of this
charter there shall also be a treasurer, a commissioner of the revenue and
a sergeant, elected by the qualified voters of the city; and a sheriff, an
attorney for the Commonwealth and a clerk of said circuit court of
Alleghany County elected conjointly for the city and the county of Alle-
ghany by the qualified voters of said city and county. The treasurer, com-
missioner of the revenue, sergeant,.sheriff, attorney for the Commonwealth
and clerk of said circuit court of Alleghany County at the effective date
of this charter are hereby continued in office for the terms for which
they were appointed or elected and until their successors have been ap-
pointed or elected and qualified. Subsequent elections for any of the six
above-mentioned offices shall be held at the times, in the manner, and for
the terms provided by general law.

§ 14.02. Powers and Duties of Treasurer and Commissioner of Rev-
enue.—The treasurer and commissioner of revenue shall have such powers
and perform such duties and receive such compensation as are provided
by the Constitution of the Commonwealth, and, except as are otherwise
provided in this charter, as are provided by the provision of general law
or cities.

§ 14.08. Powers and Duties of City Sergeant.—The city sergeant
shall have such powers and duties, and only such powers and duties, and
receive such compensation as the council may by ordinance prescribe.

§ 14.04. Power and Duties of Sheriff, Attorney for Commonwealth
and Clerk of Circuit Court.—The sheriff, attorney for the Commonwealth
and Clerk of said Circuit Court of Alleghany County shall exercise and
have the same rights and privileges, perform the same duties, have the
same jurisdiction and receive the same fees therefor in the city as they,
respectively, exercise and have and receive in the county of Alleghany,
and shall receive such compensation as is prescribed by the general law.

The said attorney for the Commonwealth shall prosecute the violations
of all city ordinances, both in the municipal court and upon appeal, and
shall notify the city attorney in all said prosecutions in which the validity
of a city ordinance is attacked.

§ 14.05. Costs and Expenses of Circuit Court, etc-—The costs and
expenses of said Circuit Court of Alleghany County, including jury costs,
and the salaries of the judge and clerk of said circuit court, and the clerk,
attorney for the Commonwealth and sheriff, elected conjointly with Alle-
ghany County,shall be borne by the city and Alleghany County in the
proportion that the population of each bears to the aggregate population of
the city and county.

Such expenses and costs shall include stationery, furniture, books,
office supplies and equipment for the court and clerk’s office; also supplies,
repairs and alterations on the buildings used jointly by the city and
county, as well as insurance, fuel, water, lights, etc., used in and about
the building and the grounds thereto. The cost of any new building
erected for the joint use of the city and county shall be provided for in
like manner.

§ 14.06. Vacancies in Constitutional Offices.—Vacancies in the
offices of treasurer, commissioner of the revenue, and city sergeant shall
be filled by the council for the unexpired portion of the term of office.
Vacancies in the offices of the clerk of the circuit court, sheriff and the
attorney for the Commonwealth shall be filled by the Circuit Court, or
the judge thereof in vacation, in accordance with the provisions of general

laws.
CHAPTER 13

Special Justice

13.01.— Appointment, Powers and Duties.

The council may appoint one or more special justices, who shall have
authority to issue warrants of arrest, to issue summonses for witnesses in
criminal and civil cases, to grant or deny bail in proper cases, and when
bail is denied to commit persons to jail as provided by law. Such special
justice shall also have power to issue civil warrants and attachments, re-
turnable to and to be heard by the civil and police justice. The compensa-
tion of said special justice shall be fixed by the council. All fees collected
by the said justice shall be paid to the City.