Chap. 392.—An ACT to amend and re-enact sections 853, 855, 857, 858, 861, S62
863, and 865 of the Code of Virginia.

Approved December 10, 1903.

1. Be it enacted by the general assembly of Virginia, That section:
cight hundred and fifty-three, cight hundred and fifty-five, cight hun.
dred and fifty-seven, eight hundred and fifty-cight, eight hundred anc
sixty-one, eight hundred and sixty-two, eight hundred and sixty-three.
and eight hundred and sixty-five of the Code of Virginia, be, and the
same are hereby, amended and re-enacted so as to read as follows:

$853. Where treasurer to keep his office; how disburse countws
money.—The county treasurer shall keep his office at the county seat,
receive all moneys payable into the treasury of said county, and disburse
the same on warrants drawn by the board ‘of supervisors for the county.
but it shall be competent for the judge of the circuit court, by order
entered of record, to certify that in his opinion some other point in said
county would be more convenient to a majority of its citizens; and upon
the entry of such order, the treasurer shall remove his office to the place
named in said order; but he, or one of his deputies, shall attend the first
and second days of each regular term of the circuit court, and all regular
meetings of the board of supervisors.

$855. Examination of treasurer’s bond; when court to require new
bond.—Each circuit and corporation court shall enter an order at some
spring and fall term in each year, requiring the commissioner of ae-
counts of such court, or if it be improper for such commissioner to act,
or if there be no commissioner of accounts of such court, then the com-
missioner of accounts of some other court to be designated in said order,
to examine the official bond of the treasurer of such county or city, and
report to the said circuit or corporation court at its next term thereafter.
whether the said bond is sufficient in all respects, and at the same time
certify a copy of such report to the auditor of public accounts. If the
bond be reported insufficient, the court shall make an order requiring
the treasurer, within thirty days after he shall have been served with a
copy of the order as a notice is required by law to be served, either to
execute a new bond, or give a bond in addition to the one already given,
is to it may seem proper, which bond may be given before said court, or
the judge thereof in vacation. If the bond required be not given within
the time prescribed, the office shall be deemed vacant. The commis-
sioner’s fves shall be paid out of the county or city funds.
§$ 857. Treasurer to deliver books, and so forth, to appointee.—
Whenever a vacancy in the office of a county or city treasurer is filled
by appointment, the court, or judge making the appointment, shall, at
the time the appointment is made, if the vacancy exists by reason of the
resignation or removal of the treasurer from office, order such treasurer
to deliver forthwith all the books and papers belonging to him as treas-
urer to the officer so appointed, taking his receipt for the same; or, where
no appointment is made, or the officer appointed fails to qualify, order
him to deposit the same with the clerk of the circuit or corporation court,
who shall give a receipt therefor, and hold the same subject to the order
of said court.

$ 858. Treasurer to keep account of receipts and disbursements; to
make bi-monthly statements; book to be open for inspection.—The treas-
urer shall keep a correct account of all monevs received and disbursed by
him for the county, and shall, on the first day of cach regular meeting
of the board of supervisors until his settlement with the board of super-
visors at the end of the year, as provided in section eight hundred and
sixty-two, make up a sworn statement of his receipts and disbursements,
and with said statement a list of all warrants paid by him during the
next preceding two months, the number of éach warrant, and to whom
paid, and return said statement to the said board of supervisors. The
clerk of the board shall file said report and preserve the same for the
inspection of any person having an interest therein. The clerk shall
certify to each regular grand jury in his court the fact that the treasuren
has returned the statements and lists required to be returned, and if
‘he treasurer has failed so to do, shall certify such failure. For every
failure of a clerk to make such certificate, he shall be fined fifty dollars.
The treasurer shall keep the books, papers, and moneys pertaining to
his office, at all times ready for the inspection of the Commonwealth's
attorney or board of supervisors, and shall, when required, exhibit a
statement of his accounts and the book containing a list of the warrants
drawn upon him.

$861. Books and stationery for treasurer’s office; court or supervisors
may require statement of his accounts.—He shall, under the direction
of the board of supervisors, provide suitable books and stationery for his
office and preserve the same; and as often and in such manner as may
he required by the circuit court or board of supervisors, furnish an ac-
‘count of the reeeipts and expenditures of the county and a statement of
his aecount as treasurer with the county.

$862. Treasurer’s annual statement with supervisors; {o deliver
books, and so forth, to suceessor.—He shall receive the county levy in
the manner prescribed for the receipt of the State revenue, and shall, at
the July or August meeting of the board of supervisors, as the case may
be, or within sixty days thereafter, settle with said supervisors his ac-
counts for that year; and out of the balance shown to be in his hands upon
said settlement he shall at once pay all warrants drawn on the levy for
that vear not previously paid, in the order of their presentation, as pro-
vided by section eight hundred and fifty-nine; and when his term of office
expires, or if he die, resign, or be removed from office, he, upon the expi-
ration of his term of office, resignation, or removal, or his personal repre-
sentative upen his death, shall immediately make sueh settlement, show-
ing the amount in his hands to be accounted for, and the fund to which
the same belongs, and deliver to his successor all bonds, books, and papers
belonging to his office, and all money belonging to the county.

§ 863. Treasurer not to deal in county warrants; remedy for failure to
pay warrant.—No county treasurer, or any of his deputies, shall, either
directly or indirectly, obtain by contract, purchase, barter, or exchange,
either for himself or any other person, or become the owner, in whole or
in part, of any warrant drawn upon the county treasury, or payable out
of the same; and if any county treasurer or deputy shall so contract for or
purchase any such warrant, such treasurer shall not be allowed in his
annual settlement the amount of said warrant, or any part thercof, and
this shall be in addition to the penalties prescribed in section cight hun-
dred and sixty-six. If any such treasurer fail to pay, upon presentation,
any legal warrant, having in his hands at the time funds out of which
the same ought to be paid, or fail to sct apart necessary funds, when the
same shall come into his hands, for the payment thereof in its order, if
listed under section eight hundred and fifty-nine, and to pay over the
amount due upon such warrant as soon thereafter as the same may be
again presented, the holder.thereof may, on motion in his own name, in
the circuit court of the treasurer’s county, recover from him and his sure-
ties the amount of such warrant, together with damages, after the rate of
ten per centum per month on the said amount from the time such treas-
urer should have paid the same, and the costs of such motion, including
an attorney’s fee of five dollars.

§ 865. Suits against treasurers.—For every breach of the condition of
the bond of the treasurer of any county or city, either in failing to ac-
count for and pay into the treasury all taxes due from him to the State.
or to pay over to his successor all moneys required by section eight hun-
dred and sixty-two to be paid to his successor in office when he goes out of
office, suit may be brought against such treasurer and his surcties on his
official bond in the first case in the circuit court of the city of Richmond
for the use of the State, or in the second case in the circuit court of his
county, or the circuit or corporation court of his city, at the relation of
his successor, for the use of the city, county, district, county school board,
or district school board, as the case may be, or the same, together with
damages and costs as prescribed by section eight hundred and sixty-three.
may be recovered by motion in said courts. A motion under this section
shall be after at least five days’ notice, and when, on behalf of the Com-
monwealth, shall be in the name of the Commonwealth, and in all other
cases in the name of the successor in office of such treasurer. Upon any
judgment rendered in such suit or motion a writ of ficri facias may issue,
which shall conform in all respects to wrils of ficri facias issued under
chapter thirty, and be proceeded with in the same manner.

2, This act shall be in force on and after February the first, nineteen
hundred and four.