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    Chapter 5. Courts Generally and Bail Commissioners*

     

    *Editor's note—This chapter should be read in light of Code of Va., Tit. 16.1. Also, pursuant to revisions in the Code of Virginia, the court of the city is known as the General District Court, not as the municipal court.
     
     
    Sec. 24. Territorial jurisdiction of corporation and circuit courts.
     
    The jurisdiction of the corporation and the circuit courts of the city shall extend to the corporate limits thereof and to a space of one mile without and around said limits, except that the same shall not extend into the County of Amherst beyond the corporate limits; and any judgment, order or decree of the said corporation court or of the said circuit court for the City of Lynchburg heretofore made in any case, in which the said court would have had jurisdiction had this Act been in operation, shall have the same effect as if this Act had been at that time in force. (Acts 1942, ch. 167, p. 209)
     
     
    Sec. 25. Election, term, salary and courtroom and office for municipal court judge.
     
    The city council, in the month of September, nineteen hundred and forty-three and each four years thereafter, shall elect an officer, who at the time of his election shall be an attorney-at-law, licensed to practice in this state for at least five years, who shall be called the judge of the municipal court of said city, whose term of office shall begin on the first day of January succeeding his election, and shall continue for four years thereafter; his salary shall be fixed by the council and paid out of the city treasury in monthly installments and shall not be diminished during his term of office. The present judge of the municipal court shall be the judge of the municipal court until the expiration of the term for which he was elected and until his successor shall be elected and qualified. The council may elect to the position of judge of the municipal court the same person who holds the position of judge of the municipal civil court. The city council shall provide a suitable courtroom and office for the judge of the municipal court and shall furnish all necessary furniture, books and stationery. Such furniture, books and stationery shall be under the control of the judge of the municipal court, but shall remain the property of the city. (Acts 1930, ch. 11, p. 12; Acts 1942, ch. 167, p. 209)
     
    Code reference—Courts and jail, § 2-363 et seq.
     
     
    Sec. 26. Jurisdiction of judge of municipal court.
     
    His territorial jurisdiction or venue shall extend throughout the corporate limits of the city and for one mile beyond those limits, except that the same shall not extend into the County of Amherst beyond the corporate lines of the city. (Acts 1942, ch. 167, p. 209)
     
    Editor's note—Except for the sentence set out herein, this section, as amended in 1942, has been superseded by Code of Virginia, Tit. 16.1.
     
     
    Sec. 26-a. Juvenile and domestic relations court and judge.
     
    Notwithstanding any other provision of this Charter, the council shall appoint or elect a person who at the time of his election shall be an attorney at law, who shall have been licensed to practice law in this state for at least five years, who shall be known as the judge of the juvenile and domestic relations court of the city, whose term of office shall begin the first day of the month following his election and shall continue for six years thereafter; his salary shall be fixed by the city council and paid out of the city treasury in monthly, bi-weekly or weekly installments, and shall not be diminished during his term of office.
     
    The assistant judge of the municipal court, or, if he be unavailable, the substitute assistant judge of the municipal court, shall be authorized to act in all matters in the place, room and stead of the said judge of the juvenile and domestic relations court in case of absence from the city or inability to act on the part of the judge of the said juvenile and domestic relations court or during the annual vacation of said judge; and the compensation for so acting shall be fixed by the council and paid out of the city treasury. The assistant judge of the municipal court, or the substitute assistant judge of the municipal court, independently of whether either be acting for the judge of the juvenile and domestic relations court or not, shall, subject to the general supervision and control of the judge of the juvenile and domestic relations court, have at all times the same authority and power with respect to the admitting to bail and the issuing of warrants, summons, process, capias, and other proper papers as to matters within the jurisdiction of the juvenile and domestic relations court as such officers now possess with respect to bail and the issuance of such papers as to matters within the jurisdiction of the municipal court. The judge of the juvenile and domestic relations court shall hold court at such times as the council may by ordinance or resolution provide, and the city council shall further have the authority to provide by ordinance or resolution for the trail of juvenile cases coming before said court separate and apart from domestic relations cases.
     
    Any vacancy in the office of such judge shall be filled for the unexpired term in the manner prescribed herein for original appointments or election to such office.
     
    The judge of the juvenile and domestic relations court shall have the same powers, jurisdiction, duties, rights, privileges, and the same method of qualification as are now conferred and provided for by general state laws upon such courts in this state and the judges thereof.
     
    The present judge of the juvenile and domestic relations court shall continue in office until the expiration of the term for which he was appointed or elected, and upon the expiration of his term and of each successive term thereafter a successor shall be appointed or elected for the term and in the manner prescribed herein. (Acts 1947, Ex. Sess., ch. 5, p. 15; Acts 1958, ch. 156, p. 203)
     
    State law reference—Juvenile and domestic relations courts, Code of Virginia, § 16.1-226 et seq.
     
     
    Sec. 27. Superseded by Code of Virginia, section 16.1-132.
     
     
    Sec. 28. Enforcement of fines and penalties by municipal court.
     
    The said court, and the judge thereof, shall have power to enforce the payment of any fine or penalty imposed by the said court for any violation of a city ordinance or resolution, or of any state law, by imprisonment in the city jails or by committing any person convicted by said court to the city farm.
     
     
    Sec. 29. Days of holding municipal court.
     
    Said judge shall hold court each day (except Saturdays and Sundays, and such holidays as may be specified by council, and such days as he may set apart for the trial of juvenile and domestic relations cases when he is sitting as judge of such court), to take cognizance of such cases as may be brought before him under the laws of the state or the ordinances of the city. (Acts 1942, ch. 167, p. 209; Acts 1968, ch. 22, p. 49)
     
     
    Sec. 30. Assistant judge and substitute assistant municipal court judges.
     
    When the judge of the municipal court is elected, the city council shall also elect an assistant judge of the municipal court whose term of office shall coincide with that of the judge of the municipal court, and who shall be an attorney-at-law licensed to practice in this state, and who, in case of the absence from the city or inability to act on the part of the judge of the municipal court, shall act in all matters in the place, room and stead of the said judge of the municipal court, and who when so acting shall possess the same powers and discharge the same duties as said judge; and his salary for so acting shall be fixed by the council and paid out of the city treasury.
     
    And in addition, the said assistant judge of the municipal court, independently of whether he be acting for the judge of the municipal court or not, shall at all times have the same power to issue warrants and to admit to bail as is hereinafter provided for bail commissioners, and at all times have the same powers as the judge of the municipal court in matters relating to lunacy, inebriacy, drug addicts, feeblemindedness and epilepsy, and in matters relating to the issuing of summons, mittimus, process, capias and other proper papers; and for his services in issuing warrants, admitting to bail or in connection with matters of lunacy, inebriacy, drug addicts, feeblemindedness or epilepsy, he shall receive the same fees and from the same sources as allowed under the general laws of the state to other officers for performing similar services. The present assistant judge of the municipal court shall be the assistant judge of the municipal court and fill that office until the expiration of the term for which he was elected and until his successor shall be elected and qualified. The city council may elect one or more attorneys-at-law licensed to practice in this state as substitute assistant judges of the municipal court to act in case of the absence from the City or in ability to act on the part of the assistant judge of the municipal court who when so acting shall have all the powers and duties of the assistant judge of the municipal court. And the council may fix their terms of office and provide for and fix their compensation. (Acts 1942, ch. 167, p. 209; Acts 1970, ch. 9, p. 8)
     
     
    Sec. 31. Vacancies in office of municipal court judge.
     
    Any vacancy in the office of the judge of the municipal court or the assistant judge of the municipal court or of the substitute assistant judge thereof may be filled by election by the city council; and the person or persons thus elected shall serve for the unexpired term of their predecessor and until their successors shall be elected and qualified. (Acts 1942, ch. 167, p. 209)
     
     
    Sec. 32. Clerk and deputy clerk of municipal court.
     
    The said judge of the municipal court shall appoint a clerk of said court who shall hold office at the pleasure of said judge and shall receive such salary as may be fixed by the city council. Said clerk shall also act as clerk of the domestic relations and juvenile court and shall perform such other duties as may be assigned him. The said judge of the municipal court may also appoint a deputy clerk, who shall hold office at the pleasure of said judge, and who if appointed, shall have the same powers and duties as the clerk of said court and shall receive such salary as may be fixed by the council. (Acts 1942, ch. 167. p. 209)
     
    Note—Pursuant to revisions in the Code of Virginia, the court of the city is now known as the General District Court, not as the municipal court.
     
     
    Sec. 33. Bail commissioners.
     
    The City Council shall have authority to appoint from such of the qualified voters of the city not more than five persons, who shall, when appointed, be called bail commissioners, whose respective terms of office shall begin on the first day of January succeeding their respective appointments and shall continue for four years thereafter.
     
    All said bail commissioners, if appointed, shall each, at all times, have the same authority and power as the judge of the municipal court to issue search warrants and warrants of arrest for violation of the criminal laws of the state and penal ordinances of the city, and each of said bail commissioners shall at all times have power and jurisdiction within the said city to admit to bail persons charged with crime in all cases where the courts of record or the judges thereof are authorized to admit to bail; but none of said bail commissioners shall issue any such warrants nor admit any persons to bail after any court of record having jurisdiction in the matter, or the judge thereof, or the judge of the municipal court of the city, has acted upon the application for such warrant or bail nor while the application for such warrant or bail is pending before such court or judge.
     
    The council shall have authority by ordinance to provide such rules and regulations governing the work and duties of the said bail commissioners as it may deem proper and shall fix the fees and compensation of such bail commissioners as it may deem proper. (Acts 1942, ch. 167, p. 209; Acts 1970, ch. 9, p. 10)
     
     
    Sec. 34. Municipal civil court—Election, qualifications, salary, etc., of judge.
     
    The city council, in the month of September, nineteen hundred and forty-three, and each fourth year thereafter, shall elect an officer, who at the time of his election shall be an attorney-at-law licensed to practice law in this state for at least five years, who shall be called the judge of the municipal civil court of said city, whose term of office shall begin on the first day of January succeeding his election, and shall continue for four years thereafter and until his successor shall be elected and qualified; his salary shall be fixed by the city council and paid out of the city treasury, by monthly installments, and shall not be diminished during his term of office. The present judge of the municipal civil court shall be the judge of said municipal civil court until the expiration of the term for which he was elected, and until his successor is elected and qualified. The council may elect to the position of judge of the municipal civil court the same person who holds the position of judge of the municipal court. Said judge of the municipal civil court shall give bond in the penalty of twenty-five hundred dollars with such security as may be approved by the council, payable to the City of Lynchburg with a condition for the faithful discharge of the duties of his office. (Acts 1942, ch. 167, p. 209)
     
     
    Sec. 35. Same—Assistant judge.
     
    When the judge of the municipal civil court is elected, the council shall also elect an assistant judge of the municipal civil court who shall be an attorney-at-law licensed to practice in this state whose term of office shall coincide with that of the judge of the municipal civil court. In the event of the inability of the judge of the municipal civil court to perform the duties of his office by reason of sickness, absence, vacation, or otherwise, such assistant judge of the municipal civil court shall perform the duties of the office during such absence or disability and shall receive for his services such compensation as may be fixed by the city council. While acting as such judge of the municipal civil court, either the judge of the municipal civil court or the assistant judge of the municipal civil court may issue warrants, executions upon, grant new trials, hear motions and perform other acts in reference to the judgments and proceedings of the other in the same manner as if they were his own. The present assistant judge of the municipal civil court shall be assistant judge of the municipal civil court until the expiration of the term for which he was elected and until his successor shall be elected and qualified. (Acts 1942, ch. 167, p. 209)
     
     
    Sec. 36. Same—Vacancies in office and absence or inability of judge or assistant to act.
     
    Any vacancy in the office of the judge of the municipal civil court or assistant judge of the municipal civil court may be filled by election by the city council. The person or persons thus elected shall serve for the unexpired term and until their successor shall be elected and qualified. In case of absence from the city, or inability to act, on the part of either the judge of the municipal civil court or the assistant judge of the municipal civil court, the city council may designate some person to act in the place of said judges, who, when acting, shall possess the same powers and discharge the same duties as such judges. (Acts 1942, ch. 167, p. 209)
     
     
    Sec. 36-a. Superseded by Code of Virginia.
     
     
    Sec. 36-b. Superseded by Code of Virginia.
     
     
    Sec. 36-c. Same—High constable.
     
    The high constable of the City of Lynchburg shall act as bailiff of said municipal civil court and shall have charge of the courtroom thereof. He shall also call the docket of said court and while exercising his duties as bailiff shall have all the powers, rights and duties of a police officer of the City of Lynchburg. (Acts 1942, ch. 167, p. 209)
     
     
    Sec. 36-d. Same—Days and place court to be held.
     
    The municipal civil court shall be presided over by the judge thereof and shall be held in such places as shall be designated by the city council and shall be held at least three days each week to take cognizance of such cases as may be brought before it. (Acts 1942, ch. 167, p. 209)
     
     
    Sec. 36-e. Superseded by Code of Virginia, sections 16.1-77 and 16.1-78.
     
     
    Sec. 36-f. Superseded by Code of Virginia, sections 16.1-79 through 16.1-122.
     
     
    Sec. 36-g. Superseded by Code of Virginia, sections 16.1-106 through 16.1-113.
     
     
    Sec. 36-h. Superseded by Code of Virginia, section 16.1-92.
     
     
    Sec. 36-i. Superseded by Code of Virginia, section 16.1-98.
     
     
    Sec. 36-j. Superseded by Code of Virginia, sections 16.1-76 and 16.1-80.
     
     
    Sec. 36-k. Same—Papers in proceedings to be preserved; papers as evidence.
     
    All papers connected with any of the proceedings in the trial of cases before such judge of the municipal civil court, and distress warrants, except such as may be removed on appeal or removal, shall be properly indexed, filed and preserved in the office of the judge of the municipal civil court, by said judge. Copies of any papers so filed in the office of the judge of the municipal civil court, certified by the judge or clerk thereof, shall be competent evidence in any court of the State of Virginia, or the United States. (Acts 1942, ch. 167, p. 209)
     
    State law reference—Destruction of papers in civil cases, Code of Va., § 16.1-117.
     
     
    Sec. 36-l. Superseded by Code of Virginia.
     
     
    Sec. 36-m. Superseded by Code of Virginia, sections 14.1-125 through 14.1-128.
     
    Last updated date: 10/23/2006 4:15:21 PM