Chap. 205.—An ACT to amend and re-enact section 366 of the Tax Code of Vir-
ginia, relating to the suspension and removal of treasurers of counties and cities
and of other officers charged with the collection and disposition of and ac-
counting for public revenues. . [H B 340]

Approved March 23, 1932

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

Section 366. Whenever the governor has reason to believe that
the treasurer of any county or city of this State, or any other officer
charged with the collection of the public revenues, has failed to ex-
ecute and perform the duties required of such officer by the laws of
the State with reference to the collection and disposition of, and
accounting for the revenue, he may cause to be instituted against
such officer an ouster proceeding under section twenty-seven hundred
and five of the Code of Virginia. Upon the institution of such pro-
ceeding, the governor may suspend such officer from collecting the
revenues of the State and of the county or city, and from perform-
ing any of the other duties of his office, and appoint some person
to act in the place and stead of such suspended officer in the col-
lection of the said revenues and in the performance of the other du-
ties of the office; and such appointee, after having qualified and given
bond according to law, shall discharge all the duties of the office to
which he is appointed during the time of the suspension of his pre-
decessor, shall be entitled to the compensation provided for said of-
ficer, and shall be amenable to all the rules, regulations, requirements,
and responsibilities declared by the laws of this State pertaining to
the collection, and disposition of, and accounting for, the public
revenue.

Any ouster proceeding brought pursuant to the provisions ot this
section, shall, in so far as section sixty-two hundred and fifty-one ot
the Code of Virginia is concerned, be considered a civil action. From
any judgment of the trial court an appeal may be taken by either the
Commonwealth or the officer whose removal is sought; but no such
appeal shall be taken after thirty days from the day on which such
judgment is entered.

The suspension of the said officer shall continue, unless sooner
removed by the governor, until the ouster proceedings so instituted
shall have been finally determined.

If in said ouster proceedings the said officer be removed, the ap-
pointee of the governor shall, unless sooner removed by the gov-
ernor, or under the provisions of section twenty-seven hundred and
five of the Code of Virginia, continue to serve in such capacity during
the remainder of the term of his predecessor, and until his successor
be elected or appointed and qualified.

If such proceeding terminates finally in favor of the officer against
whom brought, the appointee of the governor shall, for the time dur-
ing which he actually serves, receive from’ the State and the said
county or city compensation equal to the compensation the said of-
ficer would have been entitled to receive during the same period, but
for his suspension.