CHAPTER 621

AN ACT to amend and reenact § 24-145 of the Code of Virginia, relating
to appointments by judges of certain courts to fill vacancies in certain

offices.
[S 299]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:
A That § 24-145 of the Code of Virginia be amended and reenacted as
ollows:
§ 24-145. When a vacancy occurs in any county, city, town or district
office, and no other provision is made for filling the same, it shall be filled
by the circuit court of the county or corporation court of the city in which it
occurs, or the judge thereof in vacation; provided, however, that if such
vacancy occurs in any office of a city or town as to filling which vacancy
there is no provision in the charter or ordinances of such city or town, and
which has no corporation court, the same shall be filled by the circuit court
of the county in which such city or town is situated, or by the judge thereof
in vacation; when in the office of clerk of a county, by such court, or the
judge thereof in vacation; when in the office of the clerk of any city court
of record, by the court, or the judge thereof in vacation; but when any such
vacancy occurs in a city having a population of more than ninety thousand
but less than one hundred fifty thousand and there is more than one court
of record im any such city the vacancy shall be filled by the person chosen by
the majority of the judges of such courts; and when in the office of any city
sergeant or sheriff or attorney for the Commonwealth for any city, by the
corporation court of such city, or the judge thereof in vacation, but when
any such vacancy occurs in a city having a population of more than ninety
thousand but less than one hundred fifty thousand and there is more than
one court of record in any such city the vacancy shall be filled by the person
chosen by the majority of the judges of such courts. The term of office of
any person appointed under this section shall commence as soon as he shall
qualify and continue for the unexpired term of such office. Upon the death
of a clerk of a court the deputy clerk thereof shall perform all the duties of
clerk until a clerk shall be appointed and qualify according to law. Pro-
vided however when a vacancy occurs in the office of the sheriff of the city
of Richmond, such vacancy shall be filled by the circuit court or the judge
thereof in vacation.

Any appointment authorized by this section may be made by the judge
or judges thereof in vacation; and the appointment, when made in vacation
shall be certified by the judge or judges making the same to the clerk of his
court, to be entered as a vacation order.

2. An emergency exists and this act is in force from its passage.