CHAPTER 78

An Act to amend and reenact § 4, as amended, of Chapter 244 of the Acts
of Assembly of 1887, approved May 16, 1887, which act provided a
charter for the town of Banister, now the town of Halifax, the section
relating to the mayor and council of the town; and to further amend
such chapter by adding a section numbered 6-a, providing for a police
court and police justice for such town.

[H 325]

Approved February 21, 1958

Be it enacted by the General Assembly of Virginia:

1. That § 4, as amended, of Chapter 244 of the Acts of Assembly of
1887, approved May 16, 1887, be amended and reenacted, and that such
chapter be further amended by adding a section numbered 6-a, as follows:

§ 4. * The administration and government of the town is vested in
the council composed of a mayor and six councilmen, all of whom shall be
electors of the town.

(a) The said council shall be elected in the manner provided by law,
as follows: At the regular municipal election to be held on the second Tues-
day in June, nineteen hundred fifty-eight, the mayor and six councilmen
shall be elected. The mayor shall be elected for a term of four years and
every four years thereafter. The three councilmen, each of whom has
received more votes in said election than any of the other members, shall
serve as members of the council for terms of four years each. The remain-
ing three members shall serve for a term of two years each.

In the regular municipal election to be held on the second Tuesday of
June, nineteen hundred and sixty, and every two years thereafter, three
councilmen shall be elected for terms of four years each. Terms of office
shall begin on the first day of September next following their election. Each
councilman and the mayor elected as hereinabove provided shall serve for
the term stated or until his successor has been elected and qualified. The
council shall be a continuing body, and no measure pending before such
body shall abate or be discontinued by reason of expiration of term of office
or removal of any of its members.

(b) Vacancy in the council shall be filled within sixty days, for the
unexpired term, by a majority vote of the remaining members; provided,
that if the term of office to be filled does not expire for two years or more
after the next regular election for councilman, following such vacancy and
such vacancy occurs in time to permit it, then the council shall fill such
vacancy only for the period then remaining until such election, and a
qualified person shall then be elected by the qualified voters and shall from
and after the date of his election and qualification succeed such appointee
and serve the unexpired term. The number of candidates for council equal
to the number of vacancies to be filled for full terms receiving the highest
number of votes shall be entitled to such full terms and the candidate
receiving the next highest number of votes shall be entitled to the unex-
pired term caused by such vacancy.

§ 6-a. (1) The council may, by resolution, create a court of limited
jurisdiction designated and known as the police court of the town of Hali-
faz. The jurisdiction of the court shall be limited to cases involving viola-
tions of town ordinances or of cases instituted for the collection of town
taxes or assessments or other debts due and owing to the town of Halifax.
The trial officer presiding over the police court of the town of Halifax
shall be known as the police justice of the town of Halifax.

(2) The council may provide for a substitute police justice who shall
have the same power and authority as the police justice while serving, and
who shall receive such compensation as the council shall prescribe.

(8) The council shall provide a suitable place for the sessions of the
court, and all necessary books, stationery and supplies.

_ (4) The council may provide a clerk of the court or such clerical
assistance as it deems necessary and prescribe the duties and fiz the com-
pensation of all such employees.

(5) The fees in such court shall, unless otherwise provided by charter
or by ordinance, be the same as those provided by law for county courts,
and all fines imposed by the police justice shall be paid into the treasury
of the town of Halifaz.

(6) The police court, its jurisdiction, removal of actions, appeals, pro-
cedure, jurisdiction of the mayor and all powers of the court shall be
subject to the provisions of Chapter 5 of Title 16.1 of the Code of Virginia,
as amended.

2. An emergency exists and this act is in force from its passage.