CHAPTER 211

An Act to amend the Code of Virginia by adding in Title 17 a chapter
numbered 8.2, containing §§ 17-221.18 through 17-221.29 relating to
the courts of record of the City of Hampton, to provide for the juris-
diction of such courts and the powers of the judges thereof, and the
clerk of such courts, and other matters relating thereto; and to repeal
§ 14.04:1 of Chapter 9 of the Acts of Assembly of 1952, Extra Session,
approved December 16, 1952.

fH 355]

Approved March 7, 1964

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Title 17 a chapter
numbered 8.2, containing §§ 17-221.18 through 17-221.29, as follows:

CHAPTER 8.2

§ 17-221.18. There shall be for the City of Hampton the following
courts of record:

1. Circuit Court of the City of Hampton.

2. Court of Law and Chancery of the City of Hampton.

The judge of the Circuit Court at the time of the effective date of
this chapter shall remain the judge of said court and his term as judge
shall run through the term for which he was elected.

There shall be a judge of the Court of Law and Chancery with like
qualifications to be elected in the same manner and for the same length
of term as the judge of a circuit court, to hold court and perform such
ap other duties as are prescribed by law for judges of courts of
record.

§ 17-221.19. The Circuit Court and the Court of Law and Chancery
shall have concurrent and equal jurisdiction and powers in all matters,
including jurisdiction concerning the probate and the recordation of wills,
the appointment, qualification and removal of fiduciaries and the settle-
ment of their accounts, and in granting and hearing writs of mandamus,
prohibition and quo warranto, or information in the nature of quo
warranto, and original and general jurisdiction of all suits and proceedings
in chancery, of all such civil cases at law within such city as are cognizable,
including motions to recover money, actions of forcible or unlawful entry
and detainer, distress warrants and attachments for rent, of all criminal
cases within such city as are cognizable by courts of record, including
presentments, indictments and informations for offenses, actions, and
proceedings to enforce the payment of fines and penalties, except those
conferred by law exclusively upon the municipal courts, or the judges
thereof, of such city, of the appointment and removal of all officers
conferred heretofore by law upon the Circuit Court only, and all such
appointments and removals shall be made jointly by the judges of the
two courts.

§ 17-221.20. The Court of Law and Chancery shall have no juris
diction of the following which shall remain in the Circuit Court of suck
city:

1. The recordation in the mode prescribed by law of deeds and other
writings authorized or required by law to be recorded.

Although there be complete concurrent jurisdiction and power of
such courts, it is provided that there may be only one set of judgment
books, will books, list of heirs books, index books and other books for the
docketing, probating, qualification, appointment, indexing of such matters
or other matters in the one clerk’s office of the said courts.

§ 17-221.21. There shall be a term of a court of record each month
of the year, except the term to be held in the month of August may be
omitted by order entered of record. The terms of such court shall begin
on the first Monday of each month and shall continue so long as the busi-
ness of the court may require, except if the first Monday be a holiday
the term shall commence the following day not a holiday.

The judges shall meet annually on the first day of January which
is not a Sunday or holiday to fix the terms of each court of record of such
city for the ensuing year. There shall be a criminal term of court every
other month of the year, except as provided in August, alternating each
month between each court of record. Notice of all terms, when so fixed,
shall be posted on the front of the courthouse of the city.

§ 17-221.22. The rules for such courts shall be the same as are now
or may hereafter be prescribed for the circuit and corporation courts of
this Commonwealth.

§ 17-221.23. Appeals, writs of error and supersedeas shall be taken
and allowed in the manner prescribed for other courts of record and the
judges thereof.

§ 17-221.24. The courts shall have as many commissioners in chancery
and other authorized officers as the respective judge deems proper, to be
appointed or removed by the judge of such respective court.

§ 17-221.25. The Sergeant of the City of Hampton shall be the officer
to jattend on such courts and to execute the respective processes and
orders.

§ 17-221.26. The Clerk of the Circuit Court of the City of Hampton
shall also be the Clerk of the Court of Law and Chancery of the City of
Hampton. Subject to the provisions of Article 3 of Chapter 2 of Title 14
of the Code of Virginia, he shall receive for his services as Clerk of the
Court of Law and Chancery fifteen per cent of his maximum compensation
as provided in such article for his compensation as Clerk of the Circuit
Court which said sum shall be paid from fees collected. He shall qualify
as now provided by law and give bond for the faithful discharge of his
duties in both courts. His bond shall be certified to the Circuit Court and
the Court of Law and Chancery, and recorded in both courts. As the
Clerk of the Circuit Court, he shall forthwith docket, in the manner
provided by law, all judgments, decrees or orders for the payment of
money rendered in the Court of Law and Chancery, or the clerk’s office
thereof, or by the judge thereof in vacation.

_ § 17-221.27. All provisions of law relating to juries in civil and
criminal cases, applicable to circuit and corporation courts in this Com-
monwealth, shall apply to the Court of Law and Chancery; all provisions
of law relating to courts, judges or other officers of courts, shall apply to
the Circuit Court and the Court of Law and Chancery whenever applicable
as if the respective courts were specially named therein. Any law which
applies in terms to the Circuit Court of the City of Hampton shall also
apply to the Court of Law and Chancery of the City of Hampton as if it
were specially named therein, whenever necessary or proper to enable 1
to exercise the powers and jurisdiction herein conferred or when relating
to matters whereof the court is given jurisdiction.

§ 17-221.28. During the absence of the judge of the Court of Law
and Chancery, or of the Circuit Court of the city, or the inability of either
from any cause, to hold a term of his court or to sit during the whole
term, or sit in any particular case or to discharge any official duty
required by law, the term, or any part thereof, may be held, or the case
be heard or tried and decided, or the duty may be discharged, if it be
the judge of the Court of Law and Chancery by the judge of the Circuit
Court of such city, and if it be the judge of the Circuit Court of such city
by the judge of the Court of Law and Chancery.

Either court of record of the city may for good cause shown or to
equalize the work of such courts with one another remove to the other any
case or cases pending; such removal shall be by order of the court re-
moving the case or cases.

§ 17-221.29. Notwithstanding any other provisions of law to the
contrary, this chapter shall be construed to be effective as to the courts
of record of said city in so far as the provisions herein be, or may be in
conflict therewith.

2. § 14.04:1 of Chapter 9 of the Acts of Assembly of 1952, Extra
Session, approved December 16, 1952, is repealed.
8. An emergency exists and this act is in force from its passage.