CHAPTER 333

An Act to amend and reenact §§ 6.04 through 6.09, inclusive, 10.01 and
18.01 of Chapter 562 of the Acts of Assembly of 1954, approved April
6, 1954, which provided a charter for the city of Galax, the amended
sections relating, respectively, to fees and costs, jurisdiction, docket
books, and records of the civil and police justice, the substitute civil
and police justice, the clerk of the civil and police court, jurisdiction
to hear and try removals and appeals from the civil and police court,
and appointment, powers and duties of the special justice; to further
amend said chapter by adding a section numbered 6.10 relating to the
jurisdiction of certain trial justices; and to repeal § 7.01 of said
chapter relating to the judge of the juvenile and domestic relations

[S 145]
Approved March 12, 1956
Be it enacted by the General Assembly of Virginia:
1. That §§ 6.04 through 6.09, inclusive, and 10.01 and 13.01 of Chapter
562 of the Acts of Assembly of 1954, approved April 6, 1954, be amended
and reenacted and that said chapter be further amended by adding a section
numbered 6.10 as follows: ..

_ § 6.04. * All fees and costs collected for the city by the said civil and
police justice and all fines collected for violations of all laws and ordinances
of the city shall be paid into the city treasury for the use and benefit of the

ity.

§ 6.05. The jurisdiction of the civil and police justice shall be as
follows: such civil and police justice shall be a conservator of the peace
within the corporate limits of the city of Galax and for one mile beyond
said limits, and within the city limits shall have exclusive original juris-
diction for the trial of all offenses against the ordinances of the city pro-
vided that the city shall have the right of appeal to the circuit court having
jurisdiction over the city from any decision of the civil and police justice
affecting its revenues or the legality or validity of any ordinance passed
by the council. * In all trials before such justice imposing a penalty for the
infraction of any city ordinance, there may be an appeal to the circuit court
having jurisdiction over the city as is now, or may hereafter be provided
by law for appeals from judgments of justices.

§ 6.06. The said civil and police justice shall keep * a criminal docket
book, in which shall be entered all cases tried and prosecuted before him, *
the proceedings had therein and the disposition of same, which docket books
shall be furnished by the council. All papers connected with any proceed-
ings before such justice * shall be properly indexed, filed and preserved,
except such papers as may be removed on appeal. The council shall pro-
vide, for such justice, the necessary and proper books, forms, files and
office equipment, which shall be and remain the property of the city and
shall be turned over by such justice to his successor in office. The books
and papers in such office shall be examined and audited at any time the
council may see fit by such person or persons as the council may designate.

§ 6.07. * The civil and police justice shall keep a regular account of
all fees, fines, forfeitures and costs imposed or arising in the adminis-
tration of his office * which he shall report to the council, at such intervals
and in such form as the council may require. The said civil and police
justice or the clerk of the police court, if such officer is appointed, or such
other person as the council may designate for that purpose, shall collect all
fines, forfeitures and costs imposed in said court and report to the council
monthly such as have accrued to the city, and pay the same to the finance
Sais wh, later than the fifth day of the next succeeding month .in which
collected.

§ 6.08. The council shall elect a substitute civil and police justice for
such term as the council may designate. He shall possess the qualification
for the civil and police justice, and shall act for said civil and police justice,
when, from any cause, said civil and police justice is unable to perform the
duties of his office. When acting for said civil and police justice, he shall
be subject to all the provisions of law regarding the civil and police justice
and shall possess all the jurisdiction and exercise all the power and author-
ity and receive the same salary as is prescribed by the civil and police
justice, prorated on a per diem basis; and either of said justices while
serving as civil and police justice may perform acts, with reference to the
proceedings of the other in any matter, in the same manner and with the
same force and effect as if they were his own. He shall take the oath pre-
scribed by law and enter into bond in the sum of one thousand dollars,
conditioned as provided by law. *

6.09. The council at its September, nineteen hundred fifty-four,
meeting shall elect a clerk of the civil and police court, and every two years
CHS. 333, 334] ACTS OF ASSEMBLY 389

thereafter a clerk of the civil and police court. He shall perform such
duties and receive such compensation as the council may by ordinance pre-
scribe. He shall give such bond as the council may by ordinance require
and shall qualify by taking the oath required by law of public officers. He
shall have authority to issue summonses in criminal cases and criminal
warrants, returnable before, and to be heard and determined by the civil
and police justice or the substitute civil and police justice and bail persons
charged with misdemeanors or violations of the city ordinances . *

§ 6.10. The trial justice of Carroll county and the judge of the juvenile
and domestic relations court of Carroll county shall continue to exercise
and have the same rights and privileges, perform the same duties, have
the same jurisdiction in that part of the area lying within the city, which
was a part of and lying in Carroll county before and at the time of the
transition of the town of Galax into a city, as they had in such area of the
town before such municipality became a city. The trial justice of Grayson
county and the judge of the juvenile and domestic relations court of Gray-
son county shall continue to exercise and have the same rights and privi-
leges, perform the same duties, have the same jurisdiction in that part of
the area lying within the city, which was a part of and lying in Grayson
county before and at the time of the transition of the town of Galax into
a city, as they had in such area of the town before such municipality became
a city.

§ 10.01. The circuit court of Carrol] County and the circuit court of
Grayson County shall have concurrent jurisdiction to hear and try all * ap-
peals taken from any judgment rendered by the * said civil and police
justice. The party taking such appeal may direct to which of the said
courts the appeal or removal shall be sent for trial, and in the absence of
such directions, the civil and police justice may send the same to either of
said courts for trial and disposition.

§ 13.01. 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 * cases, to be heard before the civil and police justice,
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, returnable to and to be heard
by the * trial justice court having jurisdiction in the city. The compensa-
tion of said special justice shall be fixed by the council. All fees collected
by the said justice for issuing warrants and admitting to bail shall be paid
to the city. The judge of the twenty-first judicial circuit shall have author-
ity, upon recommendation of the city council, to appoint one or more
justices of the peace, who shall have authority to issue criminal warrants
for violation of state laws and civil warrants and processes within the city
of Galaz, who shall have the same authority, as possessed by justices of the
peace by law, to issue criminal warrants and civil papers for the counties of
Carroll and Grayson, which said warrants and civil processes shall be re-
turnable to and tried by the trial justice having jurisdiction in said city.

2. § 7.01 of Chapter 562 of the Acts of Assembly of 1954, approved
April 6, 1954, is repealed.
8. An emergency exists and this act is in force from its passage.