Chap. 336.—An ACT to amend and re-enact section 366 of the Tax Code of
Virginia, as heretofore amended, relating to the suspension and removal of
treasurers of counties and cities and of other officers charged with the col-
lection and disposition of and accounting for public revenues. [H B 252]

Approved March 29, 1934

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

Section 366. Suspension and removal of treasurers of counties and
cities and of other officers charged with the collection and disposition
of and accounting for public revenues.—Whenever the Governor has
reason to believe that the treasurer of any county or city of the State,
or any other officer charged with the collection of the public revenues,
has failed to execute and perform the duties required of such officer
by the laws of the State with reference to the collection and disposi-
tion 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. Such proceeding may be
instituted and the Commonwealth represented therein by the Attorney
General or by special counsel selected by the Governor should the
Governor so direct. Upon the institution of such proceeding the
Governor may suspend such officer from collecting the revenues of
the State and of the county or city and from performing 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 collection of the said tev-
enues and in the performance of the other duties of the office; and
such appointee aftér 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 predecessor, shall be entitled
to the compensation provided for said officer, 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 of this
section, shall, in so far as section sixty-two hundred and fifty-one of
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 Governor,
or under the provisions of section twenty-seven hundred and five of the
Code of Virginia, continue to serve in such capacity during the re-
mainder 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 during
which he actually serves, receive from the State and the said county or
city compensation equal to the compensation the said officer would
have been entitled to receive during the same period, but for his sus-
pension.