Chap. 193.—An ACT to provide for the appointment of a special
constable to execute process, civil and criminal, in the county of

Fauquier. |
Approved February 24, 1886.

1. Be it enacted by the general assembly of Virginia, That
it shall be lawful for any justice of the peace in Fauquier county
to appoint a special constable to execute any process, civil or
criminal, in all cases where, at the time of issuing of said pro-
cess, there is a vacancy in the office of constable; or where
from any cause the duly elected constable fails or is unable to
perform the duties in relation to said process: provided that
such justice shall not issue any process for the sale of property
or the collection of money by such special constable under any
attachment, distress warrant, or judgment, unless and until
such special constable shall execute bond before him, payable
to the commonwealth of Virginia, and with approved personal
security, conditioned for the faithful performance of his duties
as such, and in a penalty sufficient to secure the money or
property liable to come into his hands under such process, and
conditioned for the faithful discharge of his duties under such
Process, in like manner and to the same extent as if he were a
egally elected and authorized constable; but the provision may
be waived by the parties, plaintiff and defendant, in writing.
The special constable so appointed shall be charged with all
the duties, entitled to all the emoluments, and subject to all
the liabilities, while discharging the duties herein contem-
plated, that a constable regularly elected and qualified would
be. It shall. be the duty of the justice before whom the afore-
mentioned bonds may be executed to forward the same to the
clerk of the county court, to be filed and safely kept in the
clerk’s office of said county court. Said bonds may be pro-
ceeded on by any party injured in like manner as provided by
law in the case of regular constables.
2. This act shall be in force from its passage.