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R, C. P.
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<br />'January ~3, 191~,
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<br />City of Portsmouth, shall hereafter exercise such jurisdiction as is herein conferred on the
<br />aforesaid Civil and Police Justice, except as hereinafter provided°
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<br /> Section 5. Salary. Such Justice shall receive such a salary as the City Council may de-
<br />termine, to be paid in monthly instalments~ out of the Treasury Of the City of Portsmouth, and
<br />he shell receive no other compensation for his ~ervices as such Civil and Police JustiCe.
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<br /> Section 6. Daily sessions~ exceptions, substitute. The Court of such justice shall be
<br />open for the transaction of business every day in the year except Sundays and legal holidays.
<br />The Judge of the-Court of Hustings for the City of Portsmouth shall, by proper order of record,
<br />appoint as substitute Civil and Police Justice a person with like qualifications as said Civil
<br />and Police Justic~ in the even~ of the inability of the Civil and Police Justice to perform
<br />the duties of his office by reason of sickness, .absence, interest in the claim, or parties, or
<br />~therwise; such substitute Civil and Police Justzce shall perform the duties of the office dur-
<br />ing such absence or disability~ and shall receive compensation for his services at the rate of
<br />not'less than Five Dollars per day~ the account for such services to be approved by the Court
<br />of Hustings for the City of Portsmouth. While acting as such, either the Civil and Police Jus-
<br />tice, or the substitute Civil and Police Justice~ may issue executions upon~ grant new triats~
<br />hear motions, and perform other acts in reference to the ~udgments and proceedings of the o~her
<br />in the same manner as if they were his own.
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<br /> Section ?. Removal from office~ Such Justice may be removed, or susoended from office,
<br />by the Court of Hustings for the City of Portsmouth, fo= malfeasance, misfeasance, incompetency
<br />or gross neglect of official duty, or corruption in office. All proceedings for such removal
<br />or suspension s~ll be by order of and on~ motion before the proper Court, upon reasonable no-
<br />tice to the officer to bs affected thereby. And such officer shall hays the right to demand
<br />a trial by ~ury.
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<br /> Section 8. Vacancy. Any vacancy
<br />of the City of Portsmouth, of a person
<br />of this chapter.
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<br />occurring in said office shall be filled by the Council
<br />of like ~:alifications as is set forth in section two
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<br /> ~ection 9. Issue of warrants~ Warrants within the jurisdiction above conferred upon such
<br />Civil and Police Justice may be issued by any justice of the.peace of the. City of Portsmouth,
<br />except said Civil and Police Justice~ but when so issued it shall be returnable only before
<br />said Civil and Police Justice for trial and determination.
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<br /> Section 10. Trial and costs. At or before the time of hearing had before such Civil and
<br />~Molice Justice, on any civil claim, the plaintiff in such claim, shall pay to the said Justice
<br />a trial fee of Fifty cents fo~ each hundred dollars of value, or fraction thereof~ claimed in'
<br />said warrant. The trial fee shall be taxed as part of the costs. Said Justice shall monthly
<br />pay into the treasury of the City all trial fees collected by him~
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<br /> Section i1~ Procedure. All procedure in the court of said Civil and Police Justice~ ex-
<br />cept so far as herein otherwise provided, shall conform to the chapter concerning warrants for
<br />small c!aims, in chapter one hundred and forty cf the Code of Virginia, as amended, except that
<br />either party may require the adverse party to fils the particulars of his claim, or the grounds
<br />of defense as provided in section thirty-two hundred and forty-nine of the Code of Virginia,
<br />and except that the proceedings in a civil cause, wherein an in£ant or insane person is a.party
<br />shall not be stayed because of such infancy or insanity, but the said Civil and Police Justice
<br />shall appoint such discreet and competent attorney-at-law as guardian ad litem for such infant
<br />or insane defendent, whethe~ such defendant shall have been served with process or not~ or if
<br />no such attorney be found willing to act, the said Justice shall appoint some other discreet
<br />and proper person as guardian ad litem, who shall faithfully represent the interests or estate
<br />of the infant or insane person for whom he is appointed; but the said guardian ad litem so
<br />pointed shall not be liable for costs. The said~Justice rendering any judgment may issue a
<br />writ of fieri facias thereon immediately, if there be not a new trial granted, nor an appeal
<br />allowed, nor a stay of execution~ and the said Justice may~ from time to time, renew such writ,
<br />eithe~ before or after the expiration of one year from the date of the judgment.
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<br /> Section 1E. Removal and Appeal. No claim returnable before said Justice shall be removed
<br />to any other court, but from every jdd~en~of said Justice~ in claims exceeding twenty dollars~
<br />exclusive of interest, there shall be an appeal as of right, to the Court of Hustings for the
<br />City of Portsmouth, save and except where it is otherwise provided by law~ but no appeal shall
<br />be granted unless and until the party applying for same has given bond, with sufficient surety
<br />to be approved by said Justice, to abide the judgment of the Court upon the appeal~ The Clerk
<br />of said Court of Hustings for the City of Portsmouth~ or the clerk of such other Court to whom
<br />the appeal may be taken, upon the receipt of the papers in any appeal case~ shall upon payment
<br />of the writ tax, forthwith docket such case in its regular order, but if said writ tax be not
<br />so paid within thirty days~ from the date of Judgmen% said a.ppeal shail~ therefore~ stand dis-
<br />missed, and said judgment shall become final, and the said papers~ upon application of any party
<br />in interest~ ~hall be returned to the said Justice by the Clerk of the appellate court; but
<br />appeal cases shall not have preferences over other case~ pending in such courts as regards the
<br />time of trial.
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<br /> Section 13. Dismissal of claims. If any claim shall have been pending before such Civil
<br />and Police Justice sixty days he shall notify the parties that the same shall be dismissed in
<br />ten days thereafter, unless good cause can be shown to the contrary~ and unless such causes be
<br />shown, said Justice shall forthwith dismiss such claim~ All papers connected with any of the
<br />proceedings in the trial of cases before said Justice, except such as may be removed on appeal,
<br />shall remain in the office of the said Justice, and shall be properly indexed and filed and
<br />preserved.
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<br /> Section 14. Rules of practice. ~aid Justice shall have the power to make and enforce
<br />such reasonable rules of practice as are not in conflict with law.
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<br /> Section 15. Court room, books, and stat~oner).' ~ The City of Portsmouth shall provide a
<br />suitable court room and office for said Civil and Police Justice, ~ud shall furnish such neces-
<br />sary books and stationery as may be approved by the City Council. Such books shall be under
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