Chap. 427.—An ACT to amend and re-enact section 2698 of the Code of Vir-
ginia, as heretofore amended, relating to the bonds of officers. [H B 149]

Approved March 26, 1930

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1. Be it enacted by the general assembly of Virginia, That sec-
tion twenty-six hundred and ninety-eight of the Code of Virginia,
as heretofore amended, be. amended and re-enacted so as to read as
follows :

Section 2698. Every county treasurer, sheriff of a county, ser-
geant of a city, county clerk, clerk of a city court, clerk of a circuit
court, commissioner of the revenue, superintendent of the poor, county
surveyor, supervisor, constable, and overseer of the poor shall, at the
time he qualifies, give such bond as is required by section two hundred
and seventy-nine. The penalty of the bond of each officer shall be
determined by the court, judge, or clerk before whom he qualifies,
within the limits hereinafter prescribed; provided that the board of
supervisors of any county and the council of any city or town in this
State may pay the costs of the premium of said surety, when given by
such surety or guaranty company. The county treasurer may give as
surety on his bond some guaranty or security company doing business
in the State of Virginia and deemed sufficient by the court, judge or
clerk before whom he qualifies, and he may execute such bond on
a form prescribed by the attorney general and to be furnished by the
comptroller to the clerks of the several courts, or he may give such
personal surety or security as may be deemed sufficient by the court
or judge before whom he qualifies; provided, however, that upon
information, or upon motion of any taxpayer, after ten days’ notice
to such treasurer, the said court, or the judge of such court in vaca-
tion, may at any time require additional surety or sureties, or security,
for good cause shown. The penalty of said bonds shall be such as the
court or judge may require, but not less than thirty per centum of
the amount to be received annually by him. The premium on such
bond, if the surety be a corporate surety, shall be paid in the pro-
portion of one-third by the State and the remaining two-thirds by the
county or city of which the principal is a treasurer, provided that the
county of Pittsylvania shall not be required to pay any part of the pre-
mium of the bond of its treasurer. The penalty of the bond of a sheriff
of a county, or sergeant of a city, when he gives personal security,
shall not be less than ten nor more than sixty thousand dollars, but
if said sheriff or sergeant shall elect to give as surety on his bond a
guaranty or surety company, the penalty of such bond shall not be
less than five thousand nor more than thirty thousand dollars. The
bond of the county clerk or clerk or a city or circuit court shall not
be less than three thousand dollars, and the bond of such clerk shall
bind him and his sureties, not only for the faithful discharge of his
duties as clerk of said court, but also for the faithful discharge of such
other duties as may be imposed upon him by law in like manner and
with the same effect as if it were so expressed in the conditions of his
said bond. The bond of the commissioner of the revenue shall not be
less than one thousand nor more than three thousand dollars. The
bond of the superintendent of the poor shall not be less than one thou-
sand nor more than four thousand dollars.

The bond of the supervisor shall not be less than one thousand
dollars nor more than two thousand five hundred dollars. The bond
of a constable shall not be less than five hundred dollars. The bond of
an overseer of the poor shall not be less than double the amount that
shall not affect the validity of the remaining portion of this act.

If any part or parts, section, sub-section, sentence, clause or phrase
of this act is for any reason declared unconstitutional, such decision
will actually pass through his hands as such overseer.