Chap. 335.—An ACT to amend and re-enact chapter 1140 of acts of assembly,
session 1899-1900, entitled ‘an act to authorize and empower the county and
corporation courts of the Commonwealth to suspend any treasurer of any
county or city, whenever it shall appear from the report of the auditor of pub-
lie accounts, the board of supervisors, or otherwise, the said treasurer, clerk,
or other officer has failed to make settlement or pay over the amount found by
such auditor, board of supervisors, etc., to be due from such treasurer, clerk, or
other officer, as the law directs; and to authorize and empower said court, or
the judge thereof in vacation, to appoint some person to discharge the duties
of such treasurer, clerk, or other officer until settlement and payment aforesaid
is made,” approved March 7, 1900.

Approved December 3, 1903.

1. Be it enacted by the general assembly of Virginia, That chapter
eleven hundred and forty of acts of assembly, session eighteen hundred
and ninety-nine and nineteen hundred, entitled “an act to authorize and
empower the county and corporation courts of the Commonwealth to sus-
pend any treasurer of any county or city, whenever it shall appear from
the report of the auditor of public accounts, the board of supervisors,
or otherwise, the said treasurer, clerk, or other officer has failed to make
settlement or pay over the amount found by such auditor, board of super-
visors, and so forth, to be due from such treasurer, clerk, or other offi-
cer, as the law directs; and to authorize and empower said court, or the
judge thereof in vacation, to appoint some person to discharge the duties
of such treasurer, clerk, or other officer, until settlement and payment
aforesaid is made,” approved March seventh, nineteen hundred, be
amended and re-enacted so as to read as follows:

1. The auditor of public accounts shall annually, on the fifteenth day
of August, report to the judge of each circuit and city court of record, and
the Commonwealth’s attorney of each county and city of the State, whether
the treasurers of said counties and cities have settled for and paid in full
the funds due by them to the Commonwealth, and if not paid, then said
auditor shall report the amounts respectively due and owing by said
treasurers.

2. The auditor of public accounts shall likewise report to said judge
and Commonwealth’s attorneys any clerk or other officer who has failed
for thirty days to report and pay over, as required by law, any money due
by them, respectively, to the Commonwealth.

3. If it shall appear that any treasurer, as aforesaid, has failed or re-
fused to settle for or pay over, as required by law, any funds due or ow-
ing by him to the Commonwealth, then the said court shall suspend such
treasurer until he shall make settlement and payment in full of the funds
due by him as such treasurer to the Commonwealth, and said court, or

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the judge thereof in vacation, may, if deemed necessary, appoint some
suitable person to discharge the duties of such treasurer until settlement
and payment as aforesaid. The person so appointed shall give bond and
qualify, as treasurers are now required by law to do; but before the saicl
court shall suspend such officer the said court, or judge thereof in vaca-
tion, shall issue a rule against said officer, returnable after not less than
ten days’ notice to the first day of the next term of said court, to show
cause, if any he can, why the court should not suspend him as aforesaid.

4. If it appear that any clerk or other officer of any court of any county
or city, charged with the collection of public moncys, has failed for thirty
days to report and pay over, as required by law, to the auditor or any
proper person authorized by law to reccive the same, any funds collected
by such clerk or other officer, then said court shall in like manner and
after service of rule, as prescribed by section three of this act, suspend
said clerk or other officer until such settlement and payment have been
made by such clerk or other officer ; and if said court, or the judge thereof
in vacation, deem it necessary, it shall appoint some competent person in
like manner to discharge the duties of such clerk or other officer until
settlement and payment as aforesaid.

5. The treasurers of the several countics of this State shall settle with
the board of supervisors and school boards by the first day of October
of each year, and shall, on said first of October, exhibit to said judge and
Commonwealth’s attorney the cash to balance their accounts, if any is due,
with the county levy and the county school fund. If any treasurer fail
to produce said cash to balance his said account, then said court shall,
after service of rule as prescribed by section three of this act, suspend
said treasurer, and appoint some competent. person to discharge his duties.
as provided in section three of this act.

2. This act shall be in force on and after February first, nineteen hun-
dred and four.