Chap. 153.—An ACT to provide for the Election and Qualification of
County Officers.

Approved March 8, 1875.

1. Be it enacted by the general assembly of Virginia,
That sheriffs, attorneys for the commonwealth, commission-
ers of the revenue, and county treasurers, shall be chosen
by the qualified voters of the respective counties, at the
general election on the fourth Thursday in May of the year
eighteen hundred and seventy-five, and every fourth year
thereafter, and shall hold their offices for the term of four

ears.

; 2. Clerks of the county and circuit courts shall be chosen
by the qualified voters of the respective counties, at the
general election on the fourth Thursday in May of the year
eighteen hundred and seventy-five, and every sixth year
thereafter, and shall hold théir offices for the term of six
years.. In counties having less than fifteen thousand inhabi-
tants, the clerk of the county court shall be, ex officio clerk
of the circuit court of his county. And the qualification of
such clerk before the. judge of his county, in term time or
vacation, and the execution of the requisite bond shall be,
to all intents and purposes, a sufficient qualification; and no
other or further bond and qualification shall be required of
him, except that the county judge may, at any time, after
the service of a rule according to law, upon such clerk, re-
quire him to execute a new bond in a Jarger penalty and
with additional sureties: and provided, that for any failure
or neglect of duty as clerk of the circuit court, a recovery
may be had upon such bond in like manner as if the same
had been executed before the circuit court. When the clerk
of the county court thus becomes ex officio, clerk of the cir-
uit court, the clerk of the county court only shall be
elected. In all counties containing a population of fifteen
thousand or more (according to the census of eighteen hun-
dred and seventy), there shall be elected ut the next general
election, by the qualified voters of such counties, a separate
elerk for the circuit court, who sball hold bis office for the
term of six years, and receive the same compensation as
now allowed by law to the clerks of circuit courts: pro-
vided, that after the expiration of the first term of six years,
all elections for clerks of circuit courts shall be in accord-
ance with the next preceding census.

3. It shall be the duty of each county judge in this state,
upon the recommendation of the board of supervisors of his
county, at the June term of his court, in the year eighteen
hundred and seventy-five, und every fourth year thereafter,
to appoint for each county in which he holds his-court, one
eounty surveyor and one superintendent of the poor: pro-
vided, that the judge may, if he think proper, reject such
recommendation and fill said offices by his own appointment.
Said officers shall enter upon the discharge of their duties
on the first day of July next after their appointment, and
their duties, liabilities, and compensation shall, in all other
respects, be the same as now provided by law relating to the
offices of county surveyor and superintendent of the poor,
respectively: and provided further, that such judge may,
either in term time or vacation, by an order entered of
record, fill any vacancy occurring in either of said offices.

4. In each magisterial district of the commonwealth there
shall be chosen by the qualified voters of the same, respec-
tively, at the general election to be held in May, in the year
eighteen hundred and seventy-five, and every second year
thereafter, one supervisor, one constable, three justices, and
one overseer of the poor, who shall hold their offices for the
term of two years. °

5. In case the election to any public office, now or here-
after required by law to be filled by the qualified voters of
any county, corporation, or voting district, shall not be
specially provided for by this dr any subsequent act, then an
election to such office may be had at the general qection
held next before the time provided by law for the term of
such office to commence. ,

6. All county and district officers who, under the general
laws of the state, are charged with the conduct of elections
and the determination of the results thereof, and also all
such officers as are charged with the assessment and collec-
tion 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 pre-
scribed by the board of education. But all elections held
for public free. school purposes, shall be held after notice
thereof, given according to the sixth section of the .cighth
chapter of the Code.

7. All officers, whether elected or appointed under this act,
shall enter upon the duties of their respective offices on the
first day of July next succeeding their election or appoint-
ment, and shall continue to discharge the duties thereof after
their terms expire, until their successors shall have qualified.

8. Writs of election to fill vacancies in county, corporation
and district offices, shall be issued by the judges of the county
or corporation courts of the counties or corporations in
which such vacancies occur, so that vacancies in county, cor-
poration and district officers shall be filled at the next elec-
tion after such vacancies occur; the term of office .of all
county, corporation and district officers elected under this
section, shall commence on the first day of July next suc-
ceeding their election: provided, however, that when a va-
cancy occurs in any county, corporation, or district office,
the same shall be temporarily filled by the judge of the
county or corporation court in which such vacancy occurs:
and provided further, that when a vacancy occurs in the
office of circuit court clerk, when the clerk of the county
court is not clerk of the circuit court, such vacancy shall be
temporarily filled by the judge ‘of the court in which such
vacancy occurs: and provided further, that when a vacancy
occurs in the office of hustings cqurt clerk, or attorney for
the commonwealth for a city or town, such vacancy shall
be filled temporarily by the judge of the hustings court of
the city or town in which such vacancy occurs: and pro-
vided further, that when a vacancy occurs in the office of
the clerk of the chancery court of the city of Richmond,
such vacancy shall be temporarily filled by the judge there-
of; and all officers so appointed to fill vacancies shall qualify
and give bond (when a bond is required) within thirty days
after their appointment, and shall continue to discharge the
duties of their respective offices until their successors, elected
under this section, shall have qualified.

9. The removal of any county, corporation or district off-
cer from the county, corporation or district in which such
officer was elected or appointed, shall vacate his office; or if
he fail to qualify and give bond (when a bond is required)
in the time prescribed by law for the commencement of his
term of office, his office shall, for that cause, be vacant.

10. The county and corporation courts shall have power
to remove from office all county, city, town, and district off-
cers elected or appointed under this act, in their counties,
corporations, and districts, respectively, for malfeasance,
misfeasance, incompetency, or gross neglect of official duty;
ruch removal to be deemed a vacation of the office: pro-
vided, that the circuit courts shall have power for the same
causes to remove the clerks of their courts, respectively, and
with like effect. All proceedings under this section shall be
by order of a motion before the proper court, upon reason-
able notice to the party to be effected thereby; and the ac-
cused shall have the right to demand a trial by jury.

11. Special elections to fill vacancies in office shall be
superintended and held, and notice thereof shall be given,
returns made and certified, votes canvassed, results: ascer-
tained and made known, and commissions and certificates of
election given by the same officers, under the same penalties
and subject to the same regulations as prescribed for general
elections, except otherwise provided in this act; and except,
also, that in cases where there is a vacancy in the office of
any officer who has some duty to perform in such election,
the duties of such officer shall be performed by such other
officer or person as shall be appointed for that purpose.

12. Sections six, seven, eight, nine, ten, eleven, twelve,
thirteen, seventeen, eighteen, nineteen, twenty-one, twenty-
two, twenty-three, and twenty-four of chapter six of the
Code of Virginia, edition of eighteen hundred and seventy-
three, and all acts and parts of acts inconsistent herewith
are hereby repealed.

13. This act shall be in force on and after the first day of
April, eighteen hundred and seventy-five.
Chap. 154—JOINT RESOLUTION in Reference to the Printing ef
Reports of Courts of Appeals.

Approved March 11, 1875.

Whereas the delay in the annual publication of the deci-
sions of the supreme court of appeals isa matter of just
complaint with the judges of the state; and whereas it is the
custom to pay for composition and press-work as the work
progresses, which is believed to be the cause of the difficulty
complained of; therefore, ‘ ,

Resolved (the house of delegates concurring), That, as a
means of getting rid of such delay, the superintendent of
public printing be and he is hereby instructéd, in letting out
the work, to make it a condition with the contractor that no
payment for composition or press-work shall be made until
the whole shall have been completed and accepted; and that.
he make a like condition in regard to the binding.