CHAP. 451.—An ACT to provide for the removal of persons holding any
office of trust or profit under and by virtue of any of the laws of the
State of Virginia, either State, county or municipal, except such officers
as are by the Constitution removable only and exclusively by methods
other than those provided by this act, who shall knowingly or wil-
fully misconduct himself in office, or who shall knowingly or wil-
fully neglect to perform any duty enjoined upon such officer by any
law of the State of Virginia, or who shall in any public place be in a
state of intoxication produced by ardent spirits voluntarily taken, or
who shall engage in any form of gambling or who shall commit any
act constituting a violation of any penal statute involving moral tur-
pitude; and providing a procedure therefor; and for the appearance
of the commissioner of prohibition, or some one representing his of-
fice, in certain cases arising hereunder. (S. B. 219.)

Approved March 21, 1916.

Sec. 1. Be it enacted by the general assembly of Virginia,
That every person holding any office of trust or profit under and
by virtue of any of the laws of the State of Virginia, either
State, county or municipal, except such officers as are by the
Constitution removable only and exclusively by methods other
than those provided by this act, who shall knowingly or wilfully
misconduct himself in office or who shall knowingly or wilfully
neglect to perform any duty enjoined upon such officer by any
law of the State of Virginia, or who shall in any public place
be in a state of intoxication produced by ardent spirits volun-
tarily taken, or who shall engage in any form of gambling, or
who shall commit any act constituting a violation of any penal
statute involving moral turpitude, shall forfeit his office and
shall be ousted from office in the manner hereinafter provided.

Sec. 2. Any person, corporation or organization may file
with the circuit court of the county, or corporation or hustings
court of the city in which the officer proceeded against resides
and holds office, a complaint in writing stating with reasonable
accuracy and detail the grounds or reasons for the removal of
the officer of whom complaint is made, which complaint shall be
sworn to by the person or persons, or by some officer of the
organization making it.

As soon as the complaint is filed with the court, or the judge
thereof in vacation, who is hereby authorized to try said com-
plaint, the court or judge thereof in vacation before which or
whom the complaint is filed shall forthwith cause a rule to be
issued requiring the officer complained of to show cause, if any
he can, why he should not be removed from office. The rule
shall be returnable in not less than five nor more than ten days,
and shall be served upon the officer with copy of the complaint,
and upon its return duly executed, unless good cause shall be
shown the complaint, which shall have precedence of all other
cases on the docket, shall be tried forthwith, and if upon such
trial it shall appear that the officer has failed, neglected or re-
fused to perform his duty under section one of this act he shall
be removed from office.

Sec. 3. In any trial of proceedings under this act the at-
torney for the Commonwealth, unless the complaint is against
him, and in prosecutions arising under the prohibition law of
the State pertaining to ardent spirits as enacted by the general
assembly of 1916, and all other prohibition laws pertaining to
ardent spirits as therein defined, the commissioner of prohibi-
tion, if an attorney-at-law, or some attorney representing his
office, shall represent the complainant, who may in addition em-
ploy counsel to be associated with them. The complaint shall not
be dismissed except by consent of the attorney for the Common-
wealth, the commissioner of prohibition, if an attorney-at-law.
or some attorney representing his office (when said commis-
sioner or his representative are appearing for the prosecution),
and the counsel for the complainant if one has been employed,
or any two of said prosecutors, but shall be tried upon its merits.
If the complaint is against the attorney for the Commonwealth.
the complainant shall be represented by the commissioner of pro-
hibition, if an attorney-at-law, or some attorney representing
his office, and by a counsel of his own selection, if he thinks
proper to employ one, and shall not be dismissed except with
the consent of the commissioner and the counsel for the com-
plainant if one has been employed, but shall, as in case of other
offenses, be tried on its merits. If the court or judge trying
the case shall be of opinion that the complaint is without suf-
ficient cause, it shall be dismissed at the cost of the complainant.
but such accused officer shall have the right to demand a trial
by jury, except in cases where the officer is an appointee.

Sec. 4. Nothing in this act shall be construed as taking
away from the council of any city or town the power it now
has for the removal of mayors and police officers.

sec. 5. The complainant and the officer against whom the
complaint is made shall both have the right to apply to the su-
preme court of appeals for a writ of error and supersedeas as
in other cases of appeal to that court, upon the record made in
the trial court, and the court of appeals is now and hereby given
jurisdiction to hear and determine such cases.

Sec. 6. All acts and parts of acts in conflict with this act
are now and hereby repealed.