CHAPTER 326

An Act to amend and reenact §§ 26-10 and 26-10.1. as amended, of the
Code of Virginia, relating to assistant and deputy commissioners of
accounts.

(S 47]

Approved April 1, 1966

Be it enacted by the General Assembly of Virginia:

1. That 8§ 26-10 and 26-10.1 as amended, of the Code of Virginia, be
amended and reenacted as follows:

§ 26-10. The judge of each court in this State having jurisdiction
of the probate of wills and granting administrations on estates of de-
cedents may, either in term or in vacation, appoint, in addition to the
commissioner of accounts, an assistant commissioner of accounts, who
shall perform all the duties and exercise all of the powers required of
the commissioner of accounts in all cases in which the commissioner
of accounts from any cause is so situated that he cannot perform the du-
ties of his office, or in which the commissioner of accounts is of opinion
it is improper for him to act, and such assistant commissioner of ac-
counts may perform such duties and exercise such powers in any other
case except cases in which he is so situated that he cannot act, or in
which he is of opinion it is improper for him to act. The person so
appointed shall be a discreet and competent attorney at law; however,
tf no such attorney be found willing to serve, the court may appoint some
other discreet and proper person. Any individual holding office on the
effective date of this act shall continue therein at the pleasure of the court
or until his retirement or death. Any such general authority to such
assistant commissioner of accounts under this act to be given in the dis-
cretion of the Judge of such court and at the time of the appointment by
him of such assistant commissioner of accounts. An assistant commis-
sioner of accounts making a settlement of a fiduciary account under the
provisions of this section shall, within thirty days, report the fact and
date of such settlement to the commissioner of accounts, who shall make
an entry of the same in his record books

§ 26-10.1. In any city or county having a population in excess of two
hundred thousand the commissioner of accounts of each court having
jurisdiction of the probate of wills and granting administrations on estates
of decedents, with the approval of the judge of such court, may appoint a
deputy commissioner of accounts who may discharge any of the oflficial
duties of his principal during the latter’s continuance in office. The person
so appointed shall be a discreet and competent attorney at law; however, tf
no such attorney be found willing to serve, some other discreet and proper
person may be so appointed.

Any individual holding office on the effective date of this act shall
continue therein at the pleasure of the court or until his retirement or death.
Any such deputy, before entering upon the duties of his office, shall take and
subscribe an oath similar to that provided for his principal. The oath shall
be filed with the clerk of said court and a record of such appointment and
oath shall be entered in the order book of such court. Any such deputy shall
be removable at the pleasure of the judge of said court.

2. An emergency exists and this act is in force from its passage.