Chap. 170.—An ACT Prescribing the Duties and Compensation of County
fiicers.

Approved March 13, 1872.

1. Be it enacted by the general assembly, That the duties,
compensation and liabilities of sheriffs, attorneys for the com-
monwealth and clerks of the county and circuit courts, shall be
the same as are now or may hereafter be prescribed by law,
except that the sheriff after the year eighteen hundred and
seventy, shall not collect the state revenue or county levy, and
that the attorney for the commonwealth shall not be allowed a
fee in any case of misdemeanor, unless the same be prosecuted
to conviction as a judgment forthe commonwealth, and except
as provided in the act approved January sixth, eighteen hun-
dred and seventy-one, entitled an act supplementary to the act
providing for the collection of the state revenue and county
levies for the year eighteen hundred and seventy-one. Said
officers shall be, in all respects, subject to existing laws rela-
tive to their respective offices, so far as the same are applica-
ble. The officers mentioned in this section shall, at the time of
their election, reside in the county for which they were elected:
provided, that if no practicing lawyer resides in any county for
which a county court is provided by law, then it shall be lawful
to elect a non-resident as commonwealth’s attorney, and the re-
moval of any such officer from the county in which he resided
when elected, except to the county to which he is elected, shall
vacate his office.

2. Each officer mentioned in the preceding section, and
every other county officer elected in November, shall, on or be-
fore the first day of January next after his election, qualify by
taking the oaths of office prescribed by law, before the judge of
the circuit or county court of his county, either in term time
or in vacation: provided, if said qualification is in vacation, the
certificate thereof and the oath shall be returned to the clerk
of the county court, who shall enter said certificate and the fact
of the taking of the oath in the minutes of the next term.

3. Each oticer mentioned in the first section, shall at the
time of his qualification, enter into such bond, with such con-
_. dition and in such penalty, as may be required by law, with
en. sureties to be approved by the court or judge before whom he

qualities: provided, that the penalty of the sheriff's bond in
any county shall not be less than twenty thousand dollars nor
more than fifty thousand dollars, to be determined by said court
or judge.

The county treasurer.

ity 4. The county treasurer shall, at the time of his qualifica-
tion, enter into bond, with surety to be approved by the court
or judge before whom he qualifies, in a penalty to be deter-
mined by said court or judge; but not less, in any case, than
double the amount to be received annually by such treasurer,
which bond shall conform to the requirements and be subject
.c. to the provisions of section eight, chapter thirteen of the Code
of Virginia of eighteen hundred and sixty, a copy of which
said bond shall be certitied by the clerk to the auditor of pub-
lic accounts.
sa 5. No person holding the office of attorney for the common-
aby wealth, judge of the county court, clerk of the county or circuit
court, or sheriff, shall hold the office of county treasurer.
f- 6. In case of # vacancy in the office of county treasurer by
y «death, resignation, removal or otherwise, it shall be the duty of
the judge of the proper county, in term time or in vacation, to
fill such vaeaney by appointment, and the person so appointed,
upon qualifying and giving bond as required by sections two
and four of this act, shall hold his office until the first day
of January next succeeding his appointment and until his
successor is elected and qualified ; said successor to be chosen
at the next general election held in the month of November:
“i. provided, that whenever the judge shall make such appointment
in vacation, he shall certify the same to the clerk of the county
court, to be entered on the minutes or order book as a@ vaca-
tion order.

7. The county treasury may appoint one or more deputies
to assist him in the duties of his oflice, who shall qualify in
vw the manner now prescribed for the qualification of deputy

sheriffs, who may perform all the duties of treasurer, and shall

be subject to removal by his principal or by the court of his
- county. The treasurer may take from the person so appointed
such bond and security as ho shall deem necessary for his
indemnity.

8. The treasurer shall reside in the county of which he is
treasurer, and shall keep his office at the county seat, and shall
receive all moneys, payable into the treasury thereof, and dis-
burse the same on the orders of the county or circuit court, or
warrants drawn by the board of supervisors for the county ;
but it shall be competent for the judge of the county court, by
order entered of record, to certify that in his opinion some |
other point in said county would be more convenient to a ma-’
jority of the citizens of said county; and upon the entry of
such order, the treasurer for such county shall remove his office
to the place named in said order; but either he or his deputy.
shall attend all regular terms of the county court.

9. He shall keep a just account of all moneys received and.
disbursed by him for the county, and shall, on the first day of
April, and thereafter at intervals of two months, until his set-_
tlement with the board of supervisors at the end of the year,
as hereinafter provided for, return to the clerk of the county
court of his county a sworn statement of the amount received
by him up to the expiration of said two months, and shall
charge himself upon his books with the amount of such re-
ceipts; but he shall have ten days from the first day of April,
and the expiration of the said two months to make said report;
and the clerk of the county shall file said report and preserve
the same for the imspection of any citizen of the county or
other person having an interest therein. He shall keep the
books, papers and money pertaining to his office at all times
ready for the inspection of the county judge or board of su-
pervisors for the county, and shall, when required, exhibit his
account and the books containing a list of the warrants and
orders drawn upon the county treasurer provided for in the fol-
lowing section.

10. He shall provide and keep a well bound book, in which
he shall make an entry of all warrants or orders legally drawn
upon him by the county or circuit court, or the board of super-
visors for the county, and presented for payment, stating cor-
rectly the date, amount, number, in whose favor drawn, and
the date the same was presented; and all warrants or orders so
presented shal! be paid in the order presented out of the fund
drawn upon.

11. No county treasurer shall refuse the payment of any
warrant or order legally drawn upon him and presented for
payment, for the reason that warrants or orders of prior pre-
sentation have not been paid when there shall be money in the
treasury belonging to the fund drawn upon sufficent to pay
such prior warrants or orders, and also such warrants or orders
so presented; but such treasurer shall, as he shall receive mo-
ney into the treasury belonging to the fund so drawn upon, set
the same apart for the payment of warrants or orders previ-
viously so presented and in the order presented: provided.
however, that nothing herein contained shall prevent the trea.
surer from receiving warrants of the county in payment of the
county levy.

12. He shall, under the direction of the board of supervisors.
provide suitable books and stationery for his office, and pre.
servo the same; and as often and in such manner as may bc
required by the county court or board of supervisors, he shal
furnish an account of the receipts and expenditures of th

county and a statement of his acccount as treasurer with the
county.
13. He shall receive the county levy in the manner herein-
after prescribed for the receipt of the state revenue, and shall,
at the December mecting of the board of supervisors, or as
soon thereafter as may be, settle with said supervisors his
account for that year; and if he die, resign or be removed from
oflice, and when his term of office expires, he, (or if he be dead)
his personal representative shall immediately make such settle-
ment, which settlement shall show the amount in his hands to
be accounted for, and the fund to which the same belongs, and

' shall deliver to his successor in oflice all books and papers be-
longing to his office, and money belonging to the county.

14. In the annual settlement of the treasurer with the board

; of supervisors, he shall not have credit for any portion of the
county levy placed in the hands of any township collector, and
not paid over and accounted for by him by the first of March,
unless it appear to said board by competent proof that he in-
stituted proceedings against said collector in the manner here-
inafter provided for, as soon after the first day of March as the
length of notice required would permit, and that said proceed-
ings have not been delayed by any default or negligence of said
treasurer.

15. If it appear that such proceedings as are referred to in

ithe preceding section were instituted within the time required
by said section, and have not been delayed by any default or
negligence of the treasurer, then he shall have credit upon that
settlement for so much of said levy embraced in the receipt
of said collector as he may upon oath declare has not been
paid to him; but the same shall be carried to his account for
the next year, and shall be accounted for by him as soon as

r collected; and if the treasurer go out of office he and his sure-

* ties shall, nevertheless, be liable for the amount until paid,
or until the board of supervisors shall certify that the same has
been lost without any default or negligence of said treasurer.

s 16. If the treasurer fail by any default or negligence of his

1 own to recover against such collector, as is mentioned in the
two preceding sections, as much as he has received credit for
in his annual settlement, he shall, as soon as the judgment in
said case is pronounced, become immediately lable for the dif-
ference, with damages after the rate of five per centum per
month from the time such money ought to have been ac-
counted for.

17. No county treasurer shall, either directly or indirectly,
contract for or purchase any warrant or order drawn upon the
county treasury or payable out of the same, at any discount
whatever upon the sum due upon such warrant or order; and
if any county treasurer shall so contract for or purchase any
such warrant or order, he shall not be allowed in his annual
settlement the amount of said warrant, or order, or any part
thereof, and this shall be in addition to the penalties hereinafter
prescribed for the violation of this act. If the treasurer fail to
pay upon presentation any legal warrant or order, having
his hands at the time funds out of which the same ought to
be paid, or fail to set apart necessary funds when the same shall
come into his hands for the payment thereof in their order, i
listed under section eleven, and to pay over the amount due
upon such warrant or order as soon thereafter as the same may
again be presented, the holder thereof may recover the amoun!
of any such warrant or order from the treasurer and his sure
ties upon motion in the county or circuit court of his county.
after ten days’ notice thereof in writing together with damages
after the rate of ten per centum per month, on the amount o!
such warrant from the time such treasurer should have paic
the same, and the cost of such motion, including an attorney's
fee of five dollars.

18. He shall be allowed for his services, in receiving and
disbursing the county levy, three per centum on the amount
of money so received and disbursed.

19. Any county treasurer violating any of the provisions of
this act relating to the county levy shall, if said violation do
not amount to a felony under existing laws relating to public
officers, be deemed guilty of a misdemeanor, and upon con-
viction thereof shall be removed from office, and pay a fine of
not less than twenty dollars nor more than one hundred dol-
lars, and be imprisoned not exceeding three months; and in
addition thereto, whether such violation be a felony or misde-
meanor, shall be lable to the party aggrieved thereby for
double damages for the injury sustained, which may be recov-
ered against said treasurer and his sureties upon his official
bond by action in any court of competent jurisdiction.

Duty of county treasurer as to revenue.

20. The county treasurer shall, in the manner hereinafter
provided, receive the state revenue and account for and pay
over the same in the manner provided by law for the payment
of money into the treasury of the state.

21. Each county treasurer shall commence to receive the
state taxes yearly, on the first day of February, or as soon
thereafter as he may receive copies of the assessors’ books;
and for this purpose shall advertise, for at least ten days, at
the courthouse, and at the voting place or places in each town-
ship, and in such other manner as may be necessary to give
publicity thereto, upon what days he will be at some conve-
nient point in each township to receive taxes, and shall, at the
time specified, go to said places so designated in each township,
and remain there not less than five days, for the purpose of
receiving as well the state taxes as the county levy, and shall
receive the same whenever tendered in the county up to the
first day of December. But he shall have the same power, by
distress or otherwise, for the collection of taxes against any
taxpayer leaving his county or absconding before the said first
day of December, as now given to sheriffs under the thirty-
sixth chapter of the Code (edition of eighteen hundred and
sixty), under existing laws.

22. All taxes and county levies not paid to the treasurer by
-

the first day of December, shall be by him placed in the hands
of the collector for the township in which said taxes were
assessed, with five per centum on the amount thereof added,
and said treasurer shall take from each collector separate
receipts for said taxes and said levies.

23. If said taxes and levies are not paid and the insolvent
lists returned, certified by the judge of the county to the
treasurer, by the first day of March, it shall be the duty of
the treasurer to proceed against the collector and the sureties
upon his bond, by motion, if it be for taxes, in the name of
the commonwealth of Virginia, and if it be for county levy, in
the name of the commonwealth of Virginia, for the benefit of
the county, for the recovery of such taxes or levy so placed in
his hands, which motion shall be heard by the county or cir-
cuit court of the county upon ten days’ notice, in writing, and
shall be prosecuted by the attorney for the commonwealth;
but in any judgment rendered against such collector for taxes
or levies, the five per centum added under the twenty-second
section shall not be included.

24. Writs of fieri facias shall be issued upon all judgments
recovered under the preceding section, and shall have the same
force and effect, and in all respects be governed by the pro-
visions of chapter forty-two, Code of Virginia (edition eighteen
hundred and sixty), relating to executions and proceedings
thereupon against sherifis.

25. The county treasurer shall on the first day of June, the
first day of August, the first day of October, and the first day
of December, of each year, make up a statement of all moneys
collected by him on account of taxes, which statement shall
be verified by affidavit; and he shall, within fifteen days there-
after, render to the auditor of public accounts said statement,
and pay into the treasury the amount shown to be due by such
statement; and if any treasurer shall fail to pay over the same
within said time, he shall forfeit his commissions on so much
of said balance as he may fail so to pay over.

26. The county treasurer shall receive from the sheriff of
his county all fines collected by him, and account for the same
in his annual settlement.

27. The annual list of fines required to be returned to the
auditor of public accounts by the clerk of every court, under
the fifteenth, sixteenth and seventeenth sections of chapter
forty-three of the Code of Virginia (edition of eighteen hun-
dred and sixty), shall be made on or before the fifteenth day
of December, and shall include all fines mentioned in the said
fifteenth section, imposed by his court prior to the first day
of December, subject to the exceptions named in said last
mentioned section. .

28. The county court of any county, or the judge thereof in

_ vacation, shall require any officer of his county mentioned or

referred to in the first or second sections of this act, or in the
act entitled an act prescribing the duties and compensation of
certain township officers, from whom a bond is required by
law, except clerks of the circuit courts in the counties of over
fifteen thousand inhabitants, to give a new bond or additional
security whenever, in the opinion of said court or judge, it is
necessary for the protection of the public interest; but before
such order is made, at least ten days’ notice shall be given to:
such officer; and such notice shall be given whenever the court
or judge shall see fit, or whenever application shall be made in -
writing by the attorney for the commonwealth. And if any
such officer shall fail or refuse to give such new bond or addi-
tional security within ten days after an order shall have been
made requiring such new bond or additional secyrity, his office
shall be considered vacant, and a new officer shall be appointed
in the mode prescribed by law. Upon such new bond being
given, the sureties in the former bond, and their estates, shall
be discharged from all lability for any breach of duty com-
mitted by such officer after that time. But in case additional
security is given to a previous bond, such sureties shall not be
so discharged. All orders made in vacation by the judge under
this section shall be certified by him to the clerk of the court to
be recorded in the order book of the court as a vacation order.

29. If any county treasurer shall loan any money belonging
to the state or county, with or without interest, or shall use
the same for his own individual purposes, he shall forfeit and
pay for every such offence a sum not less than one hundred
nor more than five hundred dollars, to be recovered by action
upon said treasurer's bond to the use of the commonwealth
of Virginia, or of the particular county whose money was 80
used, as the case may be.

30. The treasurer shall make his annual settlement with the
auditor upon the fifteenth day of March each year, and upon
such settlement shall be credited with such lists of insolvents
as may be properly made out and certified in accordance with
the thirty-sixth chapter of the Code of Virginia (edition of
eighteen hundred and sixty), as amended by the act approved
the day of , eighteen hundred and seventy-two, and
such taxes as he may, upon oath, declare have not been paid
to him or accounted for as insolvent by any collector of his
county into whose hands the same were placed for collection,
upon the certificate of the clerk of the court having jurisdic-
tion of the case, that proceedings were duly instituted in said
court against such collector and his sureties upon his bond,
under section three of this act, as soon after the first of March
as the length of notice required would permit, and that said
proceedings have not been delayed by any default or negli-
gence of said treasurer; but such sum shall remain charged
agamst such treasurer, and be paid over by him within thirty
days after he shall have received the same, or might have
received it; but the auditor may at any time strike from his
books, against such treasurer, so much of said sum as the
court which tried the case shall certify has been lost by reason
of the insolvency of such collector and his sureties. But said
treasurer shall, on the first day of March of each year, until
the same be disposed of, whether he go out of office or not,
file with the auditor of public accounts the certificate of the
court which tried the case, that he could not have collected
said sum during said year, and upon failure to file such certifi-
cate shall be hable for the costs of proceedings against him to
collect such money, but such treasurer shall not be forced to
pay such money before he collects the same, or might have

le collected it. If the treasurer fails to recover against the col-

' lector, as is mentioned in the preceding sections, as much as
he has received credit for in his annual settlement, he shall, as
soon as the judgment in said case is pronounced, become im-
mediately liable for the difference, with damages after the rate
of five per cen®um per month from the time such money ought
to have been accounted for. : ;

31. If the treasurer shall fail to make payment of the reve-

,, Hue, or any part thereof, as required by law, the auditor of
public accounts shall proceed against him in lke manner as is
now provided for the collection of debts due the common-
wealth, under the provisions of chapter forty-two of the Code
of Virginia of eighteen hundred and sixty.

32. The county treasurer shall be entitled to a copy of the

of general acts and resolutions of each session of the general
assembly, which shall be furnished him by the secretary of the

, commonwealth. He shall receive for his services, in the receiv-

- ing and paying over the revenue, on amounts of five thousand
dollars and less, five per centum; on the amount in excess of
five thousand dollars and under thirty thousand dollars, two
per centum; on the amount in excess of thirty thousand dol-
lars and under fifty thousand dollars, one and one-half per
centum; and on the amount in excess of fifty thousand dollars,
one per centum.

33. For every breach of the condition of the bond of the
county treasurer, either in failing to account for and pay into
the treasury all such taxes, or to pay when due over to his suc-
cessor all moneys of the county in his hands when he goes out
of office, or in any other way, suit may be brought in the cir-
cuit or county court of the county, or in the circuit court of
the city of Richmond, against such treasurer and his sureties
upon his official bond, for the use of the state or county, as
the case may be, or the same may be recovered by motion in

' the said courts, after twenty days’ notice, and upon any judg-
ment rendered in such suit or motion, a wnt of fieri facias
may issue, which shall conform in all respects to writs of fieri
facias issued under chapter forty-two of the Code of Virginia,
and be proceeded with in the same manner.

The superintendent of the poor.

34. The superintendent of the poor for each county shall
‘have charge of the county poor-house, where a county poor-
house now exists, and where there is no county poor house he
shall, when so directed by the board of supervisors for the
county, provide suitable places for the keeping of the poor of
his county by renting or leasing tenement houses suitable for

the purpose, with land attached thereto for a farm. He shall
receive at such poor-house such paupers as may be sent to him
by the overseers of the poor of the several townships of the
county, and provide and care for said paupers in the manner
provided for by law, and shall, when in his opinion it is unne-
cessary for any pauper to remain longer at the poor-house,
discharge said pauper therefrom.

35. The superintendent of the poor of each county shall, at the
time of his qualitication, enter into bond, with security, to be ap-
proved by the court or judge before whom he qualifies, in a pen-
alty to be determined by such court or judge—but not less in any
case than five thousand dollars—which bond shall conform to
the requirements of section eight, chapter thirteen, of the Code
of Virginia, edition of eighteen hundred and sixty.

36. In every county the amount which, according to the re-
port of the superintendent of the poor, will be required for the
support of the poor at the place of general reception in the
county, shall be chargeable on such county; and the board of
supervisors in making the annual levy shall provide for raising
the said amount, which shall be payable out of the proceeds of
said levy to the superintendent of the poor, by the treasurer,
upon an order drawn upon him by the board of supervisors,
to be by said superintendent expended in support of the poor
of the county, and accounted for in his annual settlement, and
report to board of supervisors.

37. He shall keep such money as the board of supervisors
may authorize him to receive or have the care of, and dispose of
the same as it may direct. He shall in hisown name, as super-
intendent, recover money or property for the use of the poor
of the county, and defend proceedings against himself as such
superintendent, and shall be allowed the expense of such pros-
ecution or defence, and account for all money recovered by

38. He shall, at the annual meeting of the board of super-
visors for his county, and oftener if required, make to them a
report, setting forth the number provided for in the preceding
year; showing how many were white and how many were col-
ored; for what length of time, and where each was provided
for or assisted; the name of each; the amount received by the
superintendent during the year; showing how much from the
annual levy, and how much otherwise; the amount expended
by him for the year, with the vouchers therefor ; showing how
much was expended at the place of general reception, and how
much for those supported or assisted elsewhere; the balance
remaining in his hands or under his control; what amount in
addition he will require to pay arrearages for the past, and
meet expenditures for the ensuing year; what amount was ex-
pended in each township. He shall also state in said report
whether any, and if any, which, were kept at work at the place
of general reception; for what length of time and in what
manner, whether in the work-house, or in tilling the land, or
otherwise; and may make such remarks upon the operation of
the poor laws as he may deem pertinent.

39. The auditor of public accounts may prescribe the form
of such report, and it shall be made in form if one be so pre-
scribed, otherwise in such form as the board of supervisors may
prescribe ; and, if no form is prescribed by said board, then in
such form as the superintendent may adopt, so that it embrace
all the information required by the preceding section. And for
failure to make such a report the superintendent shall forfeit
not less than one hundred dollars nor more than five hundred
dollars, to be recovered to the use of the county by motion
against him and his sureties, after ten days’ notice in writing.
The clerk of the board of supervisors shall, within sixty days
after said report is made, transmit a copy thereof to the auditor
of public accounts; and if he fail to furnish said report within
said time he shall forfeit twenty dollars, and the auditor of
public accounts shall immediately give notice of such failure to
the proper attorney for the commonwealth, who shall at once
proceed against the clerk or the superintendent, whichever
may be in default.

40. The duties of the auditor of public accounts as to said
report shall be the same as were provided by law as to reports
of the board of overseers of the poor for each county, in sec-
tion twenty-one, chapter fifty-one, of the Code of eighteen
hundred and sixty.

41. The superintendent of the poor shall receive for his ser-
vices such compensation as the board of supervisors may deem
reasonable. In no case, however, shall such compensation
exceed the sum of four hundred dollars.

County surveyor.

42. There shall be elected by the qualified voters of each
county of this commonwealth, on the first Tuesday after the
first Monday in November, eighteen hundred and seventy, and_
every three years thereafter, a county surveyor, who shall be
the county surveyor for said county. He shall enter upon the
discharge of the duties of his office on the first day of January
next after his election, and shall hold his office until his suc-
cessor 18 elected and qualified; and his duties, liabilities and
compensation shall in all other respects be the same as now
provided for by existing laws relating to the office of county
surveyor: provided, that the judge of the county court is
hereby authorized to appoint a surveyor for each county in
which he holds his court, who shall hold his office for the term
prescribed by law, and until his successor is elected and quali-
fied; and provided, further, that said judge shall in like man-
ner have power to fill a vacancy in the office of surveyor in
each county in which he holds his court whenever such vacancy
shall occur, and the surveyor so appointed shall continue in
office until his successor is elected and qualified.

Duty of county officers as to votes ordered and tuxes imposed
jor public free school purposes.

43. Tlat all county and township officers who, under the
general laws of the state, are charged with the conduct of elec-
tions and the determination of the results thereof, and also all
such officers as are charged with the assessment and collection
of taxes, are hereby required to render official service in the
matter of votes ordered and taxes imposed for public free
school purposes, under such regulations as shall be prescribed
by the board of education. But all elections held for pub-
lic free school purposes shall be held after notice thereof,
given according to the fifth section of the act to provide for a
general election, approved May eleventh, eighteen hundred and
seventy.

44. All acts and parts of acts in conflict herewith are hereby
repealed.

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