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    Home » Chapter 7. Judge and Clerk of Circuit Court, Commonwealth's Attorney, City Treasurer and Other Officers

    Chapter 7. Judge and Clerk of Circuit Court, Commonwealth's Attorney, City Treasurer and Other Officers


    Sec. 40. Judge and clerk of corporation court, commonwealth's attorney, city treasurer, city sergeant and commissioner of revenue.
    (a) There shall be for said city a judge of the circuit court, a commonwealth's attorney, a clerk of the circuit court, a treasurer, a sheriff, and a commissioner of the revenue, each of which shall be elected in the manner and at the time, and to hold office for the term prescribed by law; they shall respectively perform such duties, have such powers, and be liable to such penalties as may be prescribed by the laws of the state or the ordinances of the city, made in pursuance thereof; and for all services performed for said city by the treasurer or by the commissioner of revenue, or performed under any ordinance or resolution of the council, such officers shall receive such compensation as may from time to time be fixed by the council, which compensation may be either in the shape of salary or commissions as the council may determine.
    (b) Notwithstanding any provision of law to the contrary, the sheriff shall, upon the adoption of an ordinance by the city council, in addition to the other duties and responsibilities imposed upon him by general law, be responsible for the operation of the city jail, lockup facilities, receiving unit and court holding facilities.
    Editor's note—In connection with this section, see Code of Virginia, § 14.1-33 et seq. and § 14.1-50 et seq. 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. 41. Justices of the peace.
    There shall be elected by the qualified voters of each ward of the city one justice of the peace, who shall hold office for a term of four years and until his successor is elected and qualified, unless sooner removed from office. The said justices shall be conservators of the peace within the corporate limits of the city, and for one mile beyond the corporate limits thereof, except that the same shall not extend into the County of Amherst beyond the corporate lines, and within such limits shall possess the jurisdiction and exercise the powers conferred on justices of the peace under the laws of this Commonwealth, except that nothing herein contained shall be construed as vesting in such justices any portion of the jurisdiction given by law to the judge of the municipal court in enforcing the ordinances of the city or the criminal laws of the state, and in case the council shall establish the municipal civil court, as heretofore provided in this Act, with exclusive civil jurisdiction to try civil cases, said justices of the peace shall not have authority to try civil cases, through such criminal and civil jurisdiction, or any part thereof, may be vested in them, or in any one or more of them, by resolution or ordinances of the council.
    Sec. 41. High constable—Election, term, powers, and duties; compensation.
    There shall be elected by the qualified voters of the city one high constable, who shall hold his office for the term of four years and until his successor be elected and qualified, unless sooner removed. Said high constable shall keep his office in some convenient place in the city, and shall have the same powers and duties and be subject to the same penalties as are prescribed by law for the constables, and shall further perform such other duties as may be prescribed by the ordinances of the city, for which duties his compensation shall be fixed by the council. He may be appointed as clerk of the municipal civil court.
    State law reference—Salary, Code of Virginia, § 14.1-136 et seq.
    Sec. 42-a. Same—Power of council to abolish office.
    The council may abolish the office of high constable, whether or not the term of said high constable has expired, and may transfer the duties of high constable upon the sergeant of the city; provided, however, that no action shall be taken toward the abolition of said office until the expiration of the present term of the high constable. (Acts 1947, Ex. Sess., ch. 5, p. 15)
    Sec. 43. Deputies to certain officers.
    The collector, commissioner of revenue and high constable may each appoint one or more deputies, provided such appointments meet with approval of the council; but the sureties of said officers, respectively, shall be equally liable for the acts of said deputies as for those of their principals.