Chap. 68.—An ACT to amend and re-enact section 136 of the Code of Virginia,
as heretofore amended, relating to the filling of vacancies in certain city, town
and district offices, approved February 20, 1928. [S B 183]

Approved February 27, 1930

1. Be it enacted by the general assembly of Virginia, That sec-
tion one hundred and thirty-six of the Code of Virginia, as hereto-
fore amended, be amended and re-enacted so as to read as follows:

Section 136. When a vacancy occurs in any county, city, town or
district office, and no other provision is made for filling the same,
it shall be filled by the circuit court of the county or corporation court
of the city in which it occurs, or the judge thereof in vacation; pro-
vided, however, that if such vacancy occurs in any office of a city
or town as to filling which vacancy there is no provision in the charter
or ordinances of such city or town, and which has no corporation court,
the same shall be filled by the circuit court of the county in which said
city or town is situated, or by the judge thereof in vacation; when in
the office of clerk of a county, by such court, or the judge thereof in
vacation; when in the office of the clerk of any city court of record,
by the said court, or the judge thereof in vacation; and when in the
office of any city sergeant or sheriff or attorney for the Commonwealth
for any city, by the corporation court of such city, or the judge thereof
in vacation. The term of office of any person appointed under this
section shall commence as soon as he shall qualify and continue for the
unexpired term of such office. Upon the death of a clerk of a court,
the deputy clerk thereof shall perform all the duties of clerk until a
clerk shall be appointed and qualify according to law. Provided how-
ever when a vacancy occurs in the office of the sheriff of the city of
Richmond, such vacancy shall be filled by the circuit court or "the judge
thereof in vacation.