Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1852-04-28
complaint, and majority of those not interested in
tho kill L.

De sefFeu WIN copy OF the complaint ana notice
of the contest, in the manner prescribed by the first
section Of chapter one hundred and sixty-seven of
the Code of Virginia. Upon notice of the ccm-
plant being given provided for in this section,
each party shall be at liberty to proceed to take all
proper dispositions to sustain or nvalidae said cleo
ton, upon reasonable notice to the adverse par,y
and the court shall proceed at the first session a
ter the said complaint is made, to determine SAID
contest without jury, upon evidence thus furnish
ed and upon oral testimony, if any, unless good
cause be shewn for continuance.
II. The governor shall issue commissions. on
the thrtieth day after the election soon there
after as may be, for justices of the peace under this
act shall have been held, to such persons as shall
appear to be duly elected, which shall be filed in
the clerks office of the county court; and every
justice after he has been commissioned shall. be-
fore he enters upon the performance of any of the
duties OF his Office, be qualified as now prescribed
by law.
IL. The justices of the peace so elected and
commissioned shall meet at their respective court
houses on the days now established by law for hold
ing courts in their respective counties next sue
ceeding their election and commission and if ma
Orty of those elected for the county be present and
commissioned, and qualify, they shall proceed to
choose one of their own body, who shall be the
presiding justice of the court, and whose duty it
shall be to attend each term of said court. re-
cord shall be made of the action of the court If
from any cause such election should not be made
on that Gay, summons shall be made for the JUS
tees to appear at the next court, when, if major
ity be present, such election shall be made, the
vote of majority of those present being necessary
for choice. When the office of presiding justice
becomes vacant from any cause the court shall, all
the justices being summoned, and majority pres,
ent, select presiding justice of that court; and at
the first session of county court thus selected,
and at the first session of every such court after
general election, or so soon as may, be, all the JUS
tees being summoned, the court shall classify the
justices for the performance of their duties in court
and whenever vacancy shall occur in any district,
the justice elected to supply the vacancy shall oc-
cupy the place in said classification of the justice
who preceded him.
l3. If vacancy occurs in the office Of clerk of
any such court, clerk pro tempme may be ap-
pointed by the court or, if the vacancy is in the
office of clerk of circuit court by the Judge there
of in vacation and such court Judge at the time
of making snch appointment, shall order writ of
election to fill the vacancy. The clerk pro tent
pore shall discharge the duties of the office until
clerk is selected.
IA. Whenever vacancy shall occur in the
number of justices which each district is author
lied to elect, and in any of the other offices, cleo
tons TO which are provided for in this act, other
than those mentioned in the preceding section, the
county or corporation court shall order writ of
lection to supply the said vacancy and the county
and corporation courts, provided for in the second
and third sections Of this act, shall appoint COM
missioners and officers, with the same powers and
duties those appointed to superntend the general
elections of said officers and the said elections shall
be held and conducted, and the returns made, and
contests conducted and decided, in the same man
ner as in general elections of said officers Prori
ded, If the vacancy be in the office of the attorney
for the commonwealth in circuit court held for
city or corporation, for county and city togeth
er, the hustngs court of the city or corporation in
the first case, and in the other case the county
court shall order the writ of election.
l5 The officer or officers to whom any such
writ Of election is directed, shall give notice there
of, and of the time of elections, by advertisement,
at two Of the most suitable places in the district,
where it is a district election Prorided, That
when it is county election the advertisement shall
be made in each district.
It, The removal of clerk Of the circuit or
county court, of sheriff or surveyor, from the
county in which he was elected, shall be yaca-
ton Of his office and the removal Of an overseerof
the poor or constable from the district in which he
is elected, shall vacate the office to which he was
Plccteu. DuI TIC clefk vi CUuIl iioW
ding beyond the limits of the county in which he
holds the office may be re-egible, and if elected,
may continue to reside out of that county.
II. The Office of justice of the peace shall be
deemed vacant not only when he dies resigns or is
removed from office but also when he fails quail
ify within thirty days after he receives his COM
mission or shall remove from the district in which
he is elected. =;
l8. The term of office of the commissioners Of
the revenue shall commence On the first day of
February next succeeding the election. The term
of office of the other officers whose election is pro-
vded for in this act shall commence the first day
of July next succeeding the election. And the
clerks of the circuit and county courts and the sur
veyor shall continue in office for the term of six
years attorneys for the commonwealth, justices Of
the peace and overseers Of the poor, for the term OF
four years sheriffs, commissioners of the revenue
and constables, for two years from that day, unless
sooner removed.
10. The officers aforesaid shall, before entering
upon the discharge Of their respective duties take
the oaths of office prescribed by the Code of Viz
gina, and give all such official bonds as are now
required of any such officers. The official bonds
and Oahs required to be administered and executed
in any circuit court may be taken by or before the
Judge of such court in vacation, who shall cause to
be entered of record in such court the proper orders
and shall certify the official bonds to the proper
officers for record Every such officer shall, either
in the proper court or before Judge as aforesaid,
take such oaths and give such bonds within sixty
DAYS after his election and if he fail to do, his
office shall he deemed vacant but specialization,
unless he be elected to fill vacancy, shall not be-
deemed to take effect before the first day of July
next after his election.
20. The clerks of the circuit and county courts
and sheriffs may, as now provided, appoint depu--
ties, with the same powers, duties, Liabilities, and
under the same provisions of law, as deputies are
now appointed
81. The powers and duties Of clerks of the cir
cult and county courts, sheri8s, commissioners Of
the revenue attorneys for the commonwealth, sur
veyors overseers of the poor and constabes shall be
such as were prescribed FOR those officers by the
laws in force when the constitution adopted,
so far as the same are consistent with this act and
such as now are OF may be hereafter prescribed by
law And for misconduct or neglect of duty, they
shall be liable to the penalties now prescribed by
law.
g. There shall be in each county of the common
wealth, in four of the months of every year, quar-
terly term of every county court and in every other
month monthly term thereof, to be held at the
times and with the jurisdiction, far as is consis
tent with the constitution and this act, new pre-
scribed by law. The number Of justices necessary
to constitute court of oyer and teminer, curt
of examination and courts in all criminal presecw-
tons, shall be the same as BOW prescribed by law
In all civil eases, and in matters Of county police,
and in all other cases, except criminal the presid
ing justice and two other justices of the county, CT
in the abseaee Of the presiding justice, any three
justices of the county NAV constitute court exert