CHAPTER 143

An Act to amend the Code of Virginia by adding in Title 17 thereof a
chapter numbered 8.1, consisting of articles numbered 1 through 6,
and containing sections numbered 17-221.1 through 17-221.17, to
establish the courts of record of the city of Newport News; to
prescribe the powers and duties of the judges of such courts; to pro-
vide for the election, compensation and duties of the clerks of such
courts; to prescribe the jurisdiction of such courts; to provide for
interchange of judges and transfer of cases between such courts;
and to provide for terms of such courts. CH 136]

Approved March 3, 1958

Be it enacted by the General Assembly of Virginia: __
1. That the Code of Virginia be amended by adding in Title 17 thereof a
chapter numbered 8.1 consisting of articles numbered 1 through 6 con-
taining sections numbered 17-221.1 through 17-221.17 as follows:

CHAPTER 8.1
Courts of the City of Newport News
Article 1
General Provisions

. § oo There shall be for the city of Newport News the follow-
ing courts:

(1) The Corporation Court of the City of Newport News.

(2) The Circwt Court of the City of Newport News, Part One.

(8) The Circuit Court of the City of Newport News, Part Two.

(4) The Law and Chancery Court of the City of Newport News.

The provisions of this chapter relating to the Law and Chancery
Court of the City of Newport News shall not be effective, nor shall such
court be created until July One, nineteen hundred and sizty.

§ 17-221.2. The Corporation Court, Circuit Court, Part One, Circutt
Court, Part Two and Law and Chancery Court and the judges thereof, re-
spectively, shall have the same power as a circuit court or a circuit judge
to admit to bail and award injunctions and likewise the same jurisdiction
of proceedings by writ of habeas corpus, writ of quo warranto or informa-
tion in the nature of a writ of quo warranto, writ of mandamus and writ
of prohibition. ;

§ 17-221.8. Appeals, writs of error, and supersedeas from and to
judgments of the Corporation Court, Circuit Court, Part One, Circuit
Court, Part Two and Law and Chancery Court, and the judges thereof,
respectively, shall be taken and allowed, as from and to judgments, de-
crees and orders of a circuit court or judge.

§ 17-221.4. There shall bea clerk of the Corporation Court who shall
also be clerk of the Circuit Court, Part One, who shall be the clerk of the
Corporation Court of the city of Newport News on the effective date of
this act. There shall be a clerk of the Circuit Court, Part Two, who shall be
the clerk of the Circuit Court of the city of Warwick on the effective date
of this act. Each clerk shall be elected by the qualified voters of the city
on the first Tuesday after the first Monday in November of the last year
of the term for which he was elected or appointed for terms of eight years
to commence on the first day of February of the year following their
election. Each such clerk shall be paid a salary out of the treasury
of the city of Newport News of not less than eight thousand dollars nor
more than twelve thousand dollars per annum as the governing body of
the city of Newport News may determine. Such salary shall be in leu of
the retention by any such clerk of any fees or emoluments received by him
in execution of his office. ; .

Effective July One, nineteen hundred and sixty, the clerk of the Ctr-
cuit Court, Part Two, shall become and be clerk of the Law and Chancery
Court and shall continue to serve in such capacity for the remainder of
the term for which elected, and until his successor shall have been chosen
and qualified as provided by law.

ARTICLE 2
Corporation Court

§ 17-221.5. The Corporation Court of the City of Newport News shall
have all jurisdiction and powers which are, or may be conferred by gen-
phe law on circuit or corporation courts, subject to the limitations of this
c er.

§ 17-221.6. The judge of the Corporation Court of the City of New-
port News in office on the effective date of this act shall continue as judge
of the Corporation Court for the remainder of the term for which elected.
During his tenure he shall reside within the corporate limits of the city
of Newport News.

ARTICLE 8
Circuit Courts

§ 17-221.7. Within the corporate limits of the city, the Circuit Court
of the city of Newport News, Part One, shall have concurrent jurisdiction
with the Corporation Court of the city, except as to matters of criminal
jurisdiction, the probate and recordation of wills and the appointment and
qualification of fiduciaries, save when it may be necessary to appoint a
fiduciary in the progress of a suit spending in such court.

The Circuit Court of the City of Newport News, Part One, shall be
abolished July One, nineteen hundred and siaty, and any matter, case or
proceeding pending therein shall be transferred to and subject to the juris-
diction of the Law and Chancery Court.

§ 17-221.8 The judge of the eleventh judicial circuit shall be the judge
of the Circuit Court of the City of Newport News, Part One.

§ 17-221.9. The jurisdiction, functions and records of the Circuit
Court of the City of Newport News are transferred to the Circuit Court,
Part One, of the City of Newport News. Each matter, case and proceed-
ing now or heretofore properly pending in the circuit court is transferred
to and shall be subject to the jurisdiction of the circuit court. .

§ 17-221.10. Within the corporate limits of the city, the Circuit
Court, Part Two, of the City of Newport News shall have concurrent juris-
diction with the corporation court of the city as to all matters, cases or
proceedings of any nature. ;

The Circuit Court, Part Two, shall be abolished July one, nineteen
hundred and sixty. All criminal proceedings then pending therein shall be
transferred to and subject to the jurisdiction of the corporation court and
all other matters, cases and proceedings then pending therein shall be
pauneerred to and subject to the jurisdiction of the Law and Chancery

ourt.

§ 17-221.11. The judge and associate judge of the fourteenth judicial
circuit shall be, respectively, the judge and associate judge of the Circuit
Court, Part Two, of the City of Newport News.

§ 17-221.12. The jurisdiction, functions and records of the Circuit
Court of the City of Warwick are transferred to the Circuit Court of the
City of Newport News, Part Two, Each matter, case and proceeding now
or heretofore properly pending in the Circuit Court of the City of War-
wick is transferred to and shall be subject to the jurisdiction of the Circuit
Court of the City of Newport News, Part Two.

ARTICLE 4
Lew and Chancery Court

§ 17-221.18. Within the corporate limits of the city, the Law and
Chancery Court of the City of Newport News shall have: .

(1) Jurisdiction concerning the probate and recordation of wills;

(2) Jurisdiction of the appointment, qualification and removal of
fiduciaries and the settlement of their accounts;

(3) Jurisdiction of the docketing of judgments;

(4) Jurisdiction of the recordation in the mode prescribed by law of
deeds and other papers required or authorized by law to be recorded; _

(5) Jurisdiction of all ihe cag for the condemnation, for public
use, of any land or property within the corporate limits of the city;

(6) Jurisdiction of all motions to correct erroneous assessments on
real estate within the corporate limits of the city;

(7) Concurrent jurisdiction with the Corporation Court of the city of
all suits and proceedings in chancery cognizable by law in the circuit courts
of the Commonwealth;

(8) Concurrent jurisdiction with the Corporation Court of the city
of all common law cases; and,

(9) Concurrent jurisdiction with the Corporation Court of the city of
all appeals allowed by any state law or ordinance of the city from the
judgments of the municipal courts, except as to matters of criminal jur-
isdiction.

§ 17-221.14. The judge or associate judge, as the case may be, of
the fourteenth judicial circuit, who shall reside within the corporate limits
of the city on July one, nineteen hundred and sixty, shall be judge of the
Law and Chancery Court for the balance of the term to which elected as
judge or associate judge of such circuit and shall forthwith relinquish his
office as judge or associate judge of the fourteenth judicial circuit. If
neither such judge nor associate judge shall reside within the corporate
limits of the city, such fact shall be certified at once by the clerk of the
Law and Chancery Court to the Governor who shall appoint a judge in the
manner prescribed by law.

ARTICLE 5
Interchange of Judges and Removal of Cases

§ 17-221.15. At the request of the judge of any court of record of the
city of Newport News, entered of record, any other judge or judges of a
court or courts of record of such city may act in term time or in vacation,
either as court or judge, for the judge making such request, with the same
authority in all respects as the judge making such request would have and
this notwithstanding the latter may at the same time be engaged in the
performance of his official duties in court or judge of his court. The entry
of record may be made, in such case, by the judge of whom such request
is made. Such judges shall receive no extra compensation for their serv-
ices in such other courts.

§ 17-221.16. Any court of record of the city of Newport News may
for good cause shown or to equalize the work of such courts with one an-
other remove to any of such courts having jurisdiction thereof any case or
cases pending in the court making such removal.
The original papers in every case removed under the provisions of
this section together with a certified copy of the order of removal shall be
forthwith transferred by the clerk of the court to which the cause is re-
moved and thereupon the cause shall, without any further formality, be
placed upon the docket of the court as if it had been brought and the pro-
ceedings had therein.

ARTICLE 6
Terms of Court

§ 17-221.17. The judges of the several courts of record of the city of
Newport News shall meet annually on the first day in January which is
not a Sunday or a holiday to fix the terms of each court of record for the
ensuing year. Notice of such terms, when so fixed, shall be posted on the
front door of the court house of the city of Newport News.

. This act shall become effective July one, nineteen hundred and
fifty-eight.