Chap. 18.—An ACT to enable officers now holding offices in Virginia by
military appointment, or otherwise, to hold over until their successors
are elected or appointed and have duly qualified; to ratify and confirm
the official acts of all such officers, and to provide for filling vacancies in
the offices of justices and constables.

Approved March 5, 1870.

Whereas, grave doubts have arisen as to the right of the civil
officers of this commonwealth, the governor, attorney-general,
lieutenant-governor, and members of the general assembly
excepted, to continue to hold their offices, and to exercise the
powers, perform the duties, and enjoy the privileges and
emoluments appertaining to the same, and as to the legality of
their acts as such officers since the admission of the state as
one of the co-equal states of the American Union; and whereas
the failure to recognize the official acts of such officers as legal,
and their removal trom office at this time would cause great con-
fusion and embarrassment throughout the state; therefore,

1. Be it enacted by the general assembly of Virginia, That
all such officers who are eligible to office under the existing
constitution and laws of Virginia, and who qualified on or be-
fore the twenty-sixth day of January, one thousand eight hun-
dred and seventy, and none others, be and they are hereby
recognized as legal officers of this commonwealth, and autho-
rized to continue to hold their said offices and to exercise the
rights and powers, perform the duties and enjoy the privileges
and emoluments appertaining to the same as far as they may
lawfully do so under the present constitution and laws of this
state, and until their successors are appointed or elected, and
have duly qualified: provided, that all officers of whom bonds
are now required by law for the proper discharge of their
respective duties, shall give or renew their bonds, with good
security, in the penalty now provided by law, within thirty days
after the passage of this act; and provided, if no term of the
court before which any officer is required to give bond occurs
before the expiration of said period of thirty days, then said
bond shall be given at the next term of the court thereafter ;
and provided further, that in any county where the next term
of the county court, after the passage of this act, shall occur
within ten days thereafter, in that case the said officers shall
be allowed until the second term of said court to give the
bonds herein mentioned; and provided further, that where
such bond is required to be given before the circuit court, it
may be given before any judge of a circuit court in vacation;
and provided further, that no constable, sheriff, sergeant, or
collector of taxes or lévies, shall collect any money by virtue
of their said offices until such bonds are given or renewed as
aforesaid. If any of the officers mentioned in this section
shall fail to give the requisite bond within the periods herein
fixed, their said offices shall thereupon become vacant.

2. All official acts heretofore done by any such officers, and
otherwise lawful, are hereby declared as Jegal and’ binding as
if they had been done by officers duly elected and qualified
under the constitution of this state: provided, that any judg-
ment, decree, or order rendered or made by the court of
appeals at the term thereof commencing on the eleventh day
of January, eighteen hundred and seventy, shall be subject to
the supervision and control of the supreme court of appeals
to be organized under the constitution, upon the motion or

etition of any party to the cause for a rehearing; and such
judgment, decree, or order may be set aside and annulled or
afliirmed, as to said supreme court may seem right and proper;
but twenty days’ notice of the time of making said motion or
filing said petition shall be given to the opposite party; and
provided further, that said motion shall be made or petition
filed within six months from and after the organization of the
said stpreme court of appeals.

3. Be it further enacted, That all vacancies in the office of
justice of the peace and constable, now existing, or which may
hereafter occur before an election for such officers shall be
held under this constitution, may, and the same shall be, filled
by appointment of the governor of this commonwealth, and
said justices and constables so appointed shall, when they have
qualified according to law, exercise all the rights and powers,
perform the duties and enjoy the privileges and emoluments at
present appertaining to their respective offices, until their suc-
cessors have been duly appointed or elected, and have quali-
fied according to law.

4. The offices of circuit and county clerks shall be vacant at
the first term of their respective courts hereafter held by
judges elected under the present constitution; and each one
of such judges shall, at the said first term of his court, appoint
a clerk for his said court, to continue in office until his succes-
sor shall be regularly elected and qualified. In any county
where the clerk of the county court shall be also clerk of the
circuit .court, then the judge of the county court of said
county shall, as aforesaid, appoint the clerk for the said courts.

The offices of attorneys for the commonwealth and of
sheriffs shall be vacant at the first term of the county courts.
hereafter held by judges elected under the present constitu-
tion in their respective counties; and such last named judges
shall, at the said first term of their respective courts, appoint.
attorneys for the commonwealth and sheriffs for their respec-
tive couaties, to continue in office until their successors shall
be regularly elected and qualified under the present constitu-
tion.

The sheriffs and clerks appointed under this section of the
act, shall not enter upon the discharge of their respective.
duties until they shall have given bonds according to law;
and if any of the officers mentioned in this section shall fail to
give the requisite bond within thirty days after his appoint-
ment, his said office shall thereupon become vacant, and shall
be filled at the same or next term of the court during or after
which such vacancy may occur—the officer so substituted, to-
be subject in all other respects to the provisions of this sec-
tion; and if such substituted officer shall, in his turn, fail to
give the prescribed bond in the prescribed time, then his office
shall become vacant, and be filled in like manner as last afore-
said—such newly appointed officer being in all other respects.
subject to the provisions of this section.

d. That for the more efficient government of the cities and.
towns of the commonwealth, the governor of this state shall,.
as soon as practicable, appoint for each city and town as many
councilmen or trustees for each city and town now entitled to.
trustees or councilmen, as are now provided by law.

6. The councilmen and trustees now exercising the func-
tions of such oflices, may continue in such oflices till the coun-
cilmen and trustees appointed as provided in the foregoing:
section shall qualify, and no longer, and shall fill vacancies in
their respective bodies occurring during their continuance in
office.

7. In all cities and towns, the councilmen or trustees ap-
pointed by the governor as hereinbefore prescribed, shall have
authority, and are hereby required to appoint all municipal
officers, except judges and officers of the courts hereinafter
provided for, in their respective cities and towns, who shall.
have all the powers and discharge all the duties now conferred
and required by law upon such mutricipal officers.

8. All persons now exercising the functions of the aforesaid
municipal offices, may continue in such oflices till their suc-
cessors are appointed and qualified, as herein provided, and no.
longer.

9. The officers appointed in pursuance of this act, shall
continue in office until their successors elected under the con-.
stitution of this state are duly qualified.

10. Every person appointed as herein prescribed, shall take
the oaths of office required by law, shall give bond in such
penalty and with such security as existing laws may provide
for officers holding like offices, and shall receive such compen-
sation as axiating laws may provide in like cases. :

11. The judges of the corporation and circuit courts and
courts of probate hereafter elected for the said towns and
cities of the commonwealth, shall appoint the officers of their
respective courts, to continue in office until their successors
are elected and qualified as provided by law. The sheriffs,
clerks, and other’ officers required to give bond, appointed
under this section, shall not enter upon the discharge of their
respective duties until they shall have given bond according to
law, and in case of the failure of any such officer to give such
bond within twenty days after his appointment, the said ap-
pointment shall be vacated, and the aforesaid court shall pro-
ceed to appoint his successor, with like powers and subject to
like limitations as herein provided.

12. ‘This act shall not be construed so as’ to deprive the
general assembly of the right to remove any and all officers at,
present holding offices in this state, or who may be hereafter
appointed under the provisions of this act, or to adopt such
other measures for filling vacancies in offices which now exist,
or may hereafter occur, as to it may seem right and proper.

13. This act shall be in force from its passage.