CHAPTER 524

An Act to provide for the election of certain justices in towns, and to
prescribe their powers, duties and compensation. rH 560]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. § 1. The council of any town may elect one or more special justices
of the peace to be known as issuing justices, who shall hold office during
the pleasure of the council and shall have such powers as are hereby con-
ferred, and no other. Such issuing justice or justices shall, at the time
of his or their election, and while holding such office, reside in the town
or in the county and no person shall be ineligible to hold such office by
reason of the fact that at the time of his election or while holding such
office he is an officer or employee of the State, county, or town unless to
be justice of the peace while holding such office or employment is contrary
to the general laws and Constitution of the State.

§ 2. Every issuing justice, before entering upon the performance of
his duties, shall take the official oaths required by State law before the
clerk of the circuit court of the county.

. Every warrant and attachment within the jurisdiction con-
ferred upon the municipal court judge by the charter of the town or by
general law may be issued by one of such issuing justices, but every war-
rant so issued shall be made returnable before such judge and shall, unless
otherwise provided by law, be triable only by him, or by the substitute
judge of any such court and every attachment so issued shall be made
returnable before such judge of the circuit court of the county, as the law
directs. Any such issuing justice may also issue subpoenas for witnesses
in cases to be tried by the judge of the municipal court.

§ 4. In the absence of the judge of the municipal court of the town,
each issuing justice shall have the same power to admit persons to bail
as the municipal court judge would have under general law of the State
if present, and shall collect the fees therefor and shall report and pay
same to the officer authorized to collect fines imposed by the municipal
court judge.

§ 5. Such issuing justice or justices shall receive such salary or
other compensation as the council may from time to time prescribe by
ordinance, but no officer or employee in any department of the town gov-
ernment who may be elected issuing justice shall receive any salary or
other compensation as such justice while he holds such other offices or
continues in such other employment, unless and until the council specifi-
cally provides for such salary or other compensation by ordinance.

§ 6. For the purposes of this act “municipal court judge” or “munic-
ipal court” as the case may be, shall include police court judge or police
court as requisite.

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