The day book. [volume] (Norfolk, Va.) 1857-1867, 1866-04-05
Judge of the Court of Hastings for
Portsmouth.

! We publish the act creating this Office,
which is of interest to our readers:
An Act amending and re-enacting the 18th Sec
| ton of chapter l57 of the Code of 1860, as
to create the office of Judge of the Court OF
Hastings for the city of Portsmouth-passed
/ Feb. rs, 1866.
| l. Be it enacted by the General Assembly
of Virginia, that the 18th section of chapter
1877, Code of 1860, be amended and re-enact-
ed so as to read as follows:
"I3 There shall be, for the city OF Ports
mouth, court, which shall be called ''the
Court of Hastings for the city of Ports
mouth" and the same shall be held by the
aldermen of said city, or any three Or more
of them, except where it is otherwise provid-
ed; and also by a Judge, to be called the
Judge of the Hastings Court
|. 2. A term of said court, not exceeding
twenty days, shall be held by the said Judge
in every month, at such time and place as
the council of the said city shall prescribe; at
which term the said court shall exercise ex-
cusively the jurisdiction now vested in it
over all civil cases, and matters at law and
chancery; all matters concerning the probate
of wills; the appointment, qualification and
removal of fiduciaries, and the settlement of
their accounts, and all other civil proceedings
and matters of police.
8. The said court, at the terms held by the
Judge, shall have original jurisdiction of all
felonies committed within the territorial limits
of its jurisdiction, and appellate jurisdiction in
such cases arising under the ordinances of said
city as shall be prescribed by the council
thereof. .a.,
a. The business of the said court shall be
distributed between monthly and quarterly
terms, as now prescribed by law; but the
Judge may designate which of his terms shall
be quarterly terms. 1t.--- ..s---.
s. A grand jury shall be summoned, as pre-
scribed by law to attend the terms held by
the Judge Immediately succeeding his quarter
ly terms, which grand jury shall be charged
by the Judge All provisions of law concern
ing grand and petit juries, applicable to cir
cult courts, shall apply to the said court when
held by the Judge thereof. .tl o.,
6. All criminals examined by the said court,
when held by the aldermen, if remanded for
trial. shall be sent to the said court at its terms
held by the Judge, and all dispositions and re-
cognzances shall be thereto returned.
7. The said court held by the judge, and the
said Judge respectively, shall have the same
power as circuit court or circuit Judge, to
tiorari, mandamus, and prohibition.
8. Appeals, writs of error, and writs of SUI
persedeas, from and to judgments, DEGREES and
orders of the said court held by the judge,
shall be taken and allowed as if they were
from or to those of circuit court or circuit
judge. @ ID ~. o!a
9. The commonwealth attorney for the
circuit court of the city of Portsmouth, shall
prosecute in all cases of felony, in the said
court of hastings held by the Judge thereof
10. During the absence of said judge, Or his
inability from any cause to hold the terms Of
his court, the same may be held by any circuit
Judge, whose compensation shall be fixed and
paid by the council of said city; and the said
Judge may remove causes to any circuit court
for the same causes and in the same manner as
are prescribed by law for the removal ofcauses
from one circuit court to another.
IL. And the said court of hustings shall con-
tinue to have civil and criminal jurisdiction,
and the said alderman and judge shall each
have the powers of Justice of the peace with
in the corporate limits of said city, for matters
arising within the same, according to the laws
of the commonwealth. zV
12. T here shall be elected by the qualified
voters of the said city, at such time and places
as the council of the said city shall prescribe,
Judge of the court of hastings for the said
city, who shall hold his Office for the term Of
eight years, and shall receive such compen-
sation as may be allowed by the said council:
provided that his election shall not take place
within thirty days of any municipal or State
election in the said city, and that his compen.
sation shall not be diminished during his term
of Office >s.5a "a
IS. The manner of conducting the election
of said judge, of making the return thereof, of
his qualification, of ordering new elections to
fill vacancies in his Office, and of deciding dis
puted elections, shall be prescribed by ord-
nance to be enacted by the councils of the said
city.
IA. This act shall be submitted to the quail
fed voters of said city for ratification or rejec
ton at such time and places as the council of
said city shall prescribe, and shall be of force
only after majority Of voting voters have
ratified it. l..d
copy from the rolls tl
Teste: j. BELL BIGGER,
c. H. D. and X. of r. of Virginia.
~. .. p er w. j. BIGGER,
Acct n II n