Chap. 261.—An ACT to amend and re-enact section 2705 of the Code of Vir-
ginia, in relation to removal of officers from office. [HB 434]

Approved March 23, 1926.

1. Beit enacted by the general assembly of Virginia, That section
twenty-seven hundred and five of the Code of Virginia, be amended
and re-enacted so as to read as follows:

Section 2705. Removal of officer from office; proceedings there-
for.—The circuit courts of counties and of cities having no corporation
court, and the corporation courts of cities, shall have power to remove
from office all State, county, city, town and district officers elected or
appointed, except such officers as are by the Constitution removable
only and exclusively by methods other than those provided by this
and the following section, for malfeasance, misfeasance, incompetency,
gross neglect of official duty, or who shall knowingly or wilfully neg-
lect to perform any duty enjoined upon such officer by any law of this
State, or who shall in any public place be in a state of intoxication
produced by ardent spirits voluntarily taken, or who shall have been
convicted of engaging in any form of gambling, or of any act consti-
tuting a violation of any penal statute involving moral turpitude.

The power to remove the clerk of a court shall be vested only in
the court of which he is clerk.

All proceedings under this section shall be by order of the court of
its own motion, or On motion in open court, or upon complaint in
writing, filed in the circuit court of the county or corporation court
of the city in which the officer proceeded against resides and holds
office, which complaint shall state, with a reasonable accuracy and
detail, the grounds or reasons for the remeval of the officer of whom
complaint is made, and shall be sworn to by the person, or by some
officer of the organization or corporation making it. As soon as the
order is entered by the court on its own motion, or on motion made
in open court, or the complaint is filed, the court shall forthwith cause
a rule to be issued, requiring the officer complained of’to show cause,
if he can, why he should not be removed from office, the rule alleging
in general terms the cause or causes for such removal. The rule shall
be returnable in not less than five nor more than ten days, and shall
be served upon the officer with a copy of the complaint when the pro-
ceedings is founded on a complaint, but when the proceeding 1s
founded upon an order of the court of its own motion, or upon a
motion made in open court, with a copy of such order. Upon return
of said rule duly executed, unless good cause shall be shown for a
continuance, or postponement to a later day in the term, the case
shall be tried on the day named in said rule taking precedence over all
other cases on the docket, and if upon such trial it shall appear that
the officer has violated any of the provisions of this section, or has
failed in the performance of his duty as required herein, he shall be
removed from office. Nothing in this section shall be construed to
interfere with any power vested in the mayor of any city by section
one hundred and twenty of the Constitution of the State, or to repeal
any provision of the charter of any city or town, or any ordinance in
pursuance of such charter, for the removal of any of the officers of
said city or town.