Chap. 63.—An ACT to Amend and Re-enact an Act entitled ‘‘ An Act to
Amend and Re-enact an Act Approved ninth of July, eighteen hundred
and seventy, entitled ‘An Act to Amend and Re-enact Section twenty-
three of Chapter forty-nine of the Code of Virginia of eighteen hundred
and sixty, to Provide for the Appointment of Criers, or Persons to Per-
form Certain Duties, where there are no Sheriffs or Sergeants, ap-
proved March twenty-three, eighteen hundred and seventy-two.”

Approved February 5, 1873.

1. Be it enacted by the general assembly, That the act en-
titled “an act to amend and re-enact an act approved ninth of
July, eighteen hundred and seventy, entitled ‘an act to amend |
and re-enact section twenty-three of chapter forty-nine of the.
Code of eighteen hundred and sixty, to provide for the appoint. |
ment of criers, or persons to perform certain duties, where
there are no sheriffs or sergeants,’ approved March twenty. |
third, eighteen hundred and seventy-two,” be amended and re-
enacted so as to read as follows:

§ 23. But the circuit, county, or corporation court of any
county or corporation, in the case provided for in the twentieth
section, instead of leaving the duties of sheriff or sergeant to
be performed by a coroner, or constable, or in any case where
there is no officer to execute the processes and orders of said
court, may either in term time or vacation, appoint a crier for
said court, who shall perform all the duties pertaining to the
office of sheriff or sergeant therein, except such as relate to the
collection of the taxes, levies, militia fines, and officers’ fees. And
though persons be acting in any county as sheriff or deputy
sheriff, or in any corporation as sergeant or deputy sergeant,
yet when it is improper, from any cause, for the sheriff or ser-
geant, or their deputies, to serve any process, or to summon &
jury, the court in which the case is pending may, instead of
leaving these duties to be performed by a coroner or constable,
appoint some other person to perform the same. Any crier
appointed under this section may qualify and give bond in such
penalty as the court may prescribe, and conditioned for the
faithful discharge of his duties, either in court or before the
judge in vacation, and may appoint one or more deputies, who
may likewise qualify in court or before the judge in vacation,
and be subject to the law governing the appointment of deputy
sheriffs, so far as the same shall be applicable, and the same
proceedings may be had on any bond given under this section.
as upon a bond given by a sheriff or a deputy sheriff.
2. This act shall be in force from its passage.