Civil Government of Virginia

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SEC 99 For each city court of record a judge shall be chosen by
the joint vote of the two houses of the General Assembly. He
shall, when chosen, possess the same qualifications as judges of
the Supreme Court of Appeals, and during his continuance in office
shall reside within the jurisdiction of the court over which he
presides, but the judge of the corporation court of any
corporation having a city charter, and less than five thousand
inhabitants, may reside outside its corporate limits; and the same
person may be judge of such corporation court and judge of the
corporation court of some other city having less than ten thousand
inhabitants. At the first election of said judges under this
Constitution, the General Assembly shall elect, as nearly as
practicable, one-fourth of the entire number for terms of two
years, one-fourth for four years, one-fourth for six years, and
the remaining fourth for eight years; and thereafter they shall be
elected for terms of eight years. The judges of city courts in
cities of the first class may be required or authorized to hold
the circuit courts of any county and the circuit courts of any
city.

SEC. 100. The General Assembly shall have power to establish such
court or courts of land registration as it may deem proper for the
administration of any law it may adopt for the purpose of the
settlement, registration, transfer, or assurance of titles to land
in the State, or any part thereof.

SEC. 101. The General Assembly shall have power to confer upon the
clerks of the several circuit courts jurisdiction, to be exercised
in the manner and under the regulations to be prescribed by law,
in the matter of the admission of wills to probate, and of the
appointment and qualification of guardians, personal
representatives, curators, appraisers, and committees of the
estates of persons who have been adjudged insane or convicted of
felony, and in the matter of the substitution of trustees.

SEC. 102. All the judges shall be commissioned by the Governor.
They shall receive such salaries and allowances as may be
determined by law within the limitations fixed by this
Constitution, the amount of which shall not be increased or
diminished during their terms of office. Their terms of office
shall commence on the first day of February next following their
election, and whenever a vacancy occurs in the office of judge,
his successor shall be elected for the unexpired term.

SEC. 103. The salaries of the judges of the Supreme Court of
Appeals shall be not less than four thousand dollars per annum,
and shall be paid by the State.

The salary of the judge of each circuit court shall be not less
than two thousand dollars per annum, one-half of which shall be
paid by the State, the other half by the counties and cities
composing the circuit, according to their respective population;
except that of the salary of the judge of the circuit court of the
city of Richmond, the State shall pay the proportion which would
otherwise fall to the city of Richmond. The salary of a judge of a
city court in a city of the first class shall be not less than two
thousand dollars per annum, one-half of which shall be paid by the
State, the other half by the city. The whole of the aforesaid
salaries of said judges shall be paid out of the state treasury,
the State to be reimbursed by the respective counties and cities.
Any city may, by an ordinance, increase the salaries of its city
or circuit judges, or any one or more of them as it may deem
proper, and the increase shall be paid wholly by the city, but
shall not be enlarged or diminished during the term of office of
the judge. Each city containing less than ten thousand inhabitants
shall pay the salary of the judge of its corporation or hustings
court.

SEC. 104. Judges may be removed from office for cause, by a
concurrent vote of both houses of the General Assembly; but a
majority of all the members elected to each house must concur in
such vote, and the cause of removal shall be entered on the
journal of each house. The judge against whom the General Assembly
may be about to proceed shall have notice thereof, accompanied by
a copy of the causes alleged for his removal, at least twenty days
before the day on which either house of the General Assembly shall
act thereon.

SEC. 105. No judge of the Supreme Court of Appeals, of the circuit
court, or of any city court of record shall practice law, within
or without this State, nor shall he hold any other office of
public-trust during his continuance in office; except that the
judge of a corporation or hustings court in a city of the second
class, may hold the office of commissioner in chancery of the
circuit court for the county in which the city is located.

SEC. 106. Writs shall run in the name of the "Commonwealth of
Virginia," and be attested by the clerks of the several courts.
Indictments shall conclude "against the peace and dignity of the
Commonwealth."

SEC. 107. An Attorney-General shall be elected by the qualified
voters of the State at the same time and for the same term as the
Governor; and the fact of his election shall be ascertained in the
same manner. He shall be commissioned by the Governor, perform
such duties and receive such compensation as may be prescribed by
law, and shall be removable in the manner prescribed for the
removal of judges.

SEC 108. The General Assembly shall provide for the appointment or
election and for the jurisdiction of such justices of the peace as
the public interest may require.

SEC. 109. The General Assembly shall provide by whom, and in what
manner, applications for bail shall be heard and determined.

ARTICLE VII.

ORGANIZATION AND GOVERNMENT OF COUNTIES.

SEC. 110. There shall be elected by the qualified voters of each
county, one county treasurer,--who shall not be elected or serve
for more than two consecutive terms, nor act as deputy of his
immediate successor; one sheriff, one attorney for the
Commonwealth, and one county clerk, who shall be the clerk of the
circuit court. There shall be elected or appointed, for four
years, as the General Assembly may provide commissioners of the
revenue, for each county, the number, duties and compensation of
whom shall be prescribed by law; but should such commissioners of
the revenue be chosen by election by the people then they shall be
ineligibile for re-election to the office for the next succeeding
term.

There shall be appointed for each county, in such manner as may be
provided by law, one superintendent of the poor, and one county
surveyor.

SEC. 111. The magisterial districts shall, until changed by law,
remain as now constituted: provided, that hereafter no additional
districts shall be made containing less than thirty square miles.
In each district there shall be elected by the qualified voters
thereof, one supervisor. The supervisors of the districts shall
constitute the board of supervisors of the county, which shall
meet at stated periods and at other times as often as may be
necessary, lay the county and district levies, pass upon all
claims against the county, subject to such appeal as may be
provided by law, and perform such duties as may be required by
law.

SEC. 112. All regular elections for county and district officers
shall be held on Tuesday after the first Monday in November, and
all of said officers shall enter upon the duties of their offices
on the first day of January next succeeding their election, and
shall hold their respective offices for the term of four years,
except that the county clerk shall hold office for eight years;
provided that the term of the clerks first elected under this
Constitution shall begin on the first of February, nineteen
hundred and four, and end on the first of January, nineteen
hundred and twelve.

SEC. 113. No person shall at the same time hold more than one of
the offices mentioned in this article. Any officer required by law
to give bond may be required to give additional security thereon,
or to execute a new bond, and in default of so doing his office
shall be declared vacant.

SEC. 114, Counties shall not be made responsible for the acts of
the sheriffs.

SEC. 115. The General Assembly shall provide for the examination
of the books, accounts and settlements of county and city officers
who are charged with the collection and disbursement of public
funds.

ARTICLE VIII.

ORGANIZATION AND GOVERNMENT OF CITIES AND TOWNS.

SEC. 116. As used in this article the words "incorporated
communities" shall be construed to relate only to cities and
towns. All incorporated communities, having within defined
boundaries a population of five thousand or more, shall be known
as cities; and all incorporated communities having within defined
boundaries a population of less than five thousand, shall be known
as towns. In determining the population of such cities and towns
the General Assembly shall be governed by the last United States
census, or such other enumeration as may be made by authority of
the General Assembly; but nothing in this section shall be
construed to repeal the charter of any incorporated community of
less than five thousand inhabitants having a city charter at the
time of the adoption of this Constitution, or to prevent the
abolition by such incorporated communities of the corporation or
hustings court thereof.

SEC. 117. General laws for the organization and government of
cities and towns shall be enacted by the General Assembly, and no
special act shall be passed in relation thereto, except in the
manner provided in Article Four of this Constitution, and then
only by a recorded vote of two-thirds of the members elected to
each house. But each of the cities and towns of the State having
at the time of the adoption of this Constitution a municipal
charter may retain the same, except so far as it shall be repealed
or amended by the General Assembly: provided, that every such
charter is hereby amended so as to conform to all the provisions,
restrictions, limitations and powers set forth in this article, or
otherwise provided in this Constitution.

SEC. 118. In each city which has a court in whose office deeds are
admitted to record, there shall be elected for a term of eight
years by the qualified voters of such city a clerk of said court,
who shall perform such other duties as may be required by law.

There shall be elected in like manner and for a like term all such
additional clerks of courts for cities as the General Assembly may
prescribe, or as are now authorized by law, so long as such courts
shall continue in existence. But in no city of less than thirty
thousand inhabitants shall there be more than one clerk of the
court, who shall be clerk of all the courts of record in such
city.

SEC. 119. In every city, so long as it has a corporation court, or
a separate circuit court, there shall be elected for a term of
four years by the qualified voters of such city, one attorney for
the Commonwealth, who shall also, in those cities having a
separate circuit court, be the attorney for the Commonwealth, for
such circuit court.

In every city there shall be elected, or appointed, for a term of
four years, in a manner to be provided by law, one commissioner of
revenue, whose duties and compensation shall be prescribed by law;
but should he be elected by the people, he shall be ineligible for
reelection to the office for the next succeeding term.

SEC. 120. In every city there shall be elected by the qualified
voters thereof one city treasurer, for a term of four years, but
he shall not be eligible for more than two consecutive terms, nor
act as deputy for his immediate successor; one city sergeant, for
a term of four years, whose duties shall be prescribed by law;
and, a mayor, for a term of four years, who shall be the chief
executive officer of such city. All city and town officers, whose
election or appointment is not provided for by this Constitution,
shall be elected by the electors of such cities and towns, or of
some division thereof, or appointed by such authorities thereof as
the General Assembly shall designate.

The mayor shall see that the duties of the various city officers,
members of the police and fire departments, whether elected or
appointed, in and for such city, are faithfully performed. He
shall have power to investigate their acts, have access to all
books and documents in their offices, and may examine them and
their subordinates on oath. The evidence given by persons so
examined shall not be used against them in any criminal
proceedings. He shall also have power to suspend such officers and
the members of the police and fire departments, and to remove such
officers, and also such members of said departments when
authorized by the General Assembly, for misconduct in office or
neglect of duty, to be specified in the order of suspension or
removal; but no such removal shall be made without reasonable
notice to the officer complained of, and an opportunity afforded
him to be heard in person, or by counsel, and to present testimony
in his defense. From such order of suspension or removal, the city
officer so suspended or removed shall have an appeal of right to
the corporation court, or, if there be no such court, to the
circuit court of such city, in which court the case shall be heard
de novo by the judge thereof, whose decision shall be final. He
shall have all other powers and duties which may be conferred and
imposed upon him by general laws.

SEC. 121. There shall be in every city a council, composed of two
branches having a different number of members, whose powers and
terms of office shall be prescribed by law, and whose members
shall be elected by the qualified voters of such city, in the
manner prescribed by law, but so as to give as far as practicable,
to each ward of such city, equal representation in each branch of
said council in proportion to the population of such ward; but in
cities of under ten thousand population the General Assembly may
permit the council to consist of one branch. No member of the
council shall be eligible during his tenure of office as such
member, or for one year thereafter, to any office to be filled by
the council by election or appointment. The council of every city
may, in a manner prescribed by law, increase or diminish the
number, and change the boundaries, of the wards thereof, and
shall, in the year nineteen hundred and three, and in every tenth
year thereafter, and also whenever the boundaries of such wards
are changed, re-apportion the representation in the council among
the wards in a manner prescribed by law; and whenever the council
of any such city shall fail to perform the duty so prescribed, a
mandamus shall lie on behalf of any citizen thereof to compel its
performance.

SEC. 122. The mayors and councils of cities shall be elected on
the second Tuesday in June, and their terms of office shall begin
on the first day of September succeeding. All other elective
officers, provided for by this article, or hereafter authorized by
law, shall be elected on the Tuesday after the first Monday in
November, and their terms of office shall begin on the first day
of January succeeding, except that the terms of office of clerks
of the city courts shall begin coincidently with that of the
judges of said courts: provided, that the General Assembly may
change the time of election of all or any of the said officers,
except that the election and the beginning of the terms of mayors
and councils of cities shall not be made by the General Assembly
to occur at the same time with the election and beginning of the
terms of office of the other elective officers provided for by
this Constitution.

SEC. 123. Every ordinance, or resolution having the effect of an
ordinance, shall, before it becomes operative, be presented to the
mayor. If he approve he shall sign it, but if not, if the council
consist of two branches, he may return it, with his objections in
writing, to the clerk, or other recording officer, of that branch
in which it originated; which branch shall enter the objections at
length on its journal and proceed to reconsider it. If after such
consideration two thirds of all the members elected thereto shall
agree to pass the ordinance or resolution it shall be sent,
together with the objections, to the other branch, by which it
shall likewise be considered, and if approved by two thirds of all
the members elected thereto, it shall become operative
notwithstanding the objections of the mayor. But in all such cases
the votes of both branches of the council shall be determined by
yeas and nays, and the names of the members voting for and against
the ordinance or resolution shall be entered on the journal of
each branch. If the council consist of a single branch, the
mayor's objections in wilting to any ordinance, or resolution
having the effect of an ordinance, shall be returned to the clerk,
or other recording officer of the council, and be entered at
length on its journal, whereupon the council shall proceed to
reconsider the same. Upon such consideration the vote shall be
taken in the same manner as where the council consists of two
branches, and if the ordinance or resolution be approved by two
thirds of all the members elected to the council, it shall become
operative notwithstanding the objections of the mayor. If any
ordnance or resolution shall not be returned by the major within
five days (Sunday excepted), after it shall have been presented to
him, it shall become operative in like manner as if he had signed
it, unless his term of office, or that of the council, shall
expire within said five days.

The mayor shall have the power to veto any particular item or
items of an appropriation, ordnance or resolution, but the veto
shall not affect any item or items to which he does not object.
The item or items objected to shall not take effect except in the
manner provided in this section as to ordnances or resolutions not
approved by the mayor. No ordinance or resolution appropriating
money exceeding the sum of one hundred dollars, imposing taxes, or
authorizing the borrowing of money, shall be passed, except by a
recorded affirmative vote of a majority of all the members elected
to the council or to each branch thereof where there are two, and
in case of the veto by the mayor of such ordnance or resolution,
it shall require a recorded affirmative vote of two thirds of all
the members elected to the council, or to each branch thereof
where there are two, to pass the same over such veto in the manner
provided in this section. Nothing contained in this section shall
operate to repeal or amend any provision in any existing city
charter requiring a two thirds vote for the passage of any
ordinance as to the appropriation of money, imposing taxes or
authorizing the borrowing of money.

SEC. 124. No street, railway, gas, water, steam, or electric
heating, electric light or power, cold storage, compressed air,
viaduct, conduct telephone, or bridge, company, nor any
corporation, association, person or partnership, engaged in these
or like enterprises, shall be permitted to use the streets,
alleys, or public grounds of a city or town without the previous
consent of the corporate authorities of such city or town.

SEC. 125. The rights of no city or town in and to its water front,
wharf property, public landings, wharves, docks, streets, avenues,
parks, budges, and other public places, and its gas, water, and
electric works shall be sold except by an ordinance or resolution
passed by a recorded affirmative vote of three fourths of all the
members elected to the council, or to each branch thereof where
there are two, and under such other restrictions as may be imposed
by law, and in case of the veto by the mayor of such an ordinance
or resolution, it shall require a recorded affirmative vote of
three fourths of all the members elected to the council, or to
each branch thereof--where there are two, had in the manner
heretofore provided for in this article, to pass the same over the
veto. So franchise, lease or light of any kind to use any such
public property or any other public property or easement of any
description, in a manner not permitted to the general public,
shall be granted for a longer period than thirty years. Before
planting any such franchise or privilege for a term of years,
except for a trunk railway, the municipality shall first, after
due advertisement, reserve bids therefor publicly, in such manner
as may be provided by law, and shall then act as may be required
by law. Such grant, and any contract in pursuance thereof, may
provide that upon the termination of the grant the plant as well
as the property, if any, of the grantee in the streets, avenues,
and other public places shall thereupon, without compensation to
the grantee, or upon the payment of a fair valuation therefor, be
and become the property of the said city or town, but the grantee
shall be entitled to no payment by reason of the value of the
franchise, and any such plant or property acquired by a city or
town may be sold or leased, or, if authorized by law, maintained,
controlled and operated, by such city or town. Every such grant
shall specify the mode of determining any valuation therein
provided for, and shall make adequate provision by way of
forfeiture of the grant, or otherwise, to secure efficiency of
public service at reasonable rates, and the maintenance of the
property in good order throughout the term of the grant. Nothing
herein contained shall be construed as preventing the General
Assembly from prescribing additional restrictions on the powers of
cities and towns in granting franchises or in selling or leasing
any of their property, or as repealing any additional restriction
now required in relation thereto in any existing municipal
charter.

SEC. 126. The General Assembly shall provide by general laws for
the extension and the contraction, from time to time, of the
corporate limits of cities and towns, and no special act for such
purpose shall be valid.

SEC. 127. No city or town shall issue any bonds or other interest
bearing obligations for any purpose, or in any manner, to an
amount which, including existing indebtedness, shall, at any time,
exceed eighteen per centum of the assessed valuation of the real
estate in the city or town subject to taxation, as shown by the
last preceding assessment for taxes provided, however that nothing
above contained in this section shall apply to those cities and
towns whose charters existing at the adoption of this Constitution
authorize a larger percentage of indebtedness than is authorized
by this section and provided further, that in determining the
limitation of the power of a city or town to incur indebtedness
there shall not be included the following classes of indebtedness

(a.) Certificates of indebtedness, revenue bonds or other
obligations issued in anticipation of the collection of the
revenue of such city or town for the then current year; provided
that such certificates, bonds or other obligations mature within
one year from the date of their issue, and be not past due, and do
not exceed the revenue for such year;

(b.) Bonds authorized by an ordinance enacted in accordance with
section One Hundred and Twenty-three, and approved by the
affirmative vote of the majority of the qualified voters of the
city or town voting upon the question of their issuance, at the
general election next succeeding the enactment of the ordinance,
or at a special election held for that purpose, for a supply of
water or other specific undertaking from which the city or town
may derive a revenue; but from and after a period to be determined
by the council, not exceeding five years from the date of such
election, whenever and for so long as such undertaking fails to
produce sufficient revenue to pay for cost of operation and
administration (including interest on bonds issued therefor, and
the cost of insurance against loss by injury to persons or
property), and an annual amount to be covered into a sinking fund
sufficient to pay, at or before maturity, all bonds issued on
account of said undertaking, all such bonds outstanding shall be
included in determining the limitation of the power to incur
indebtedness, unless the principal and interest thereof be made
payable exclusively from the receipts of the undertaking.

SEC. 128. In cities and towns the assessment of real estate and
personal property for the purpose of muicipal taxation, shall be
the same as the assessment thereof for the purpose of state
taxation, whenever there shall be a state assessment of such
property.

ARTICLE IX.

EDUCATION AND PUBLIC INSTRUCTION.

SEC. 129. The General Assembly shall establish and maintain an
efficient system of public free schools throughout the State.

SEC. 130. The general supervision of the school system shall be
vested in a State Board of Education, composed of the Governor,
Attorney-General, Superintendent of Public Instruction, and three
experienced educators to be elected quadrennially by the Senate,
from a list of eligibles, consisting of one from each of the
faculties, and nominated by the respective boards of visitors or
trustees, of the University of Virginia, the Virginia Military
Institute, the Virginia Polytechnic Institute, the State Female
Normal School at Farmville, the School for the Deaf and Blind, and
also of the College of William and Mary, so long as the State
continue its annual appropriation to the last named institution.

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