Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1852-05-06

eS'uptain shAH mol oc valid or regarded BY the
court, unless the same shall have been fled with
IN Ten days alter the election in the clerks Office
o. the proper court; and when the complaint i
OF the undue election or false return of Justice
ollne peace, tAe clerk of the said court shall i'm
mediately certify TO the governor, the decree Of
sand court when made. and in whose favor sneb
contested election shall have terminated. and fhe
/ governor shall then commission such person in
| whose favor such contested election terminated:
aau IN said last mentioned contested elections, in
case such complaint be fled 10 due time The cletk
shall transmit BY mail Immediately 10 The royer.
nor, certified copy thereof; and in such case no
commission shall be ISSUED until the court shall
nave determined and adjudged on such COMMAND
as aforesaid Prorided, h6icerer, That when tbe
compliant is Of the undue election and false re-
turn OF justice OF the peace all the Justices cal
posing the court shall be sammo.ed for no, in.
OF the complaint, and mojority of u,
49, - sre contest, - election is
aud notice Of the contest IN lie maSner tAs CEN
ed by the first section Of chapter one hundred and
sixty seven of The Code of Virginia Upon no.
ticezefthe complaint being given as provided for
in this section each party shall be at liberty TO
proceed to take all proper dispositions to sustain
or invalidate said election, upon reasonable no.
tice to the adverse party and the court shall pro.
coed at the first session after the said complaint
is made, 10 determine said contest without Jury,
upon evidence thus furnished and upon oral tes-
timony, Il any, unless good cause be shown for
continuance.
II. The gole rnor shall issue commissions, on
the thirtieth day after the election or as soon
thereafter as may be- for justices OF the peace
under this act shall have been held 10 such per.
sons as shall appear 10 be duly, elected, which
shall be filed in the clerks Office of The County
court, and every Justice after be has been com.
/ mis- shatI hnFu ho he,
Torrance 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 al their respective court
houses on the days now established by law for
holding courts in their respective counties next
succeeding their election and commission; and
if majority of those elected for the county be /
present and commissioned, and qualify. they shall
proceed 10 choose one Of their own body, who
shall be, the presiding Justice of the court, and
whose duty il shall be 10 attend each term Of said
court. A record shall be made Of the action of
The court. IL from any cause such election
should not be made on that day, summons shall
be made for The justices to appear at the next
court, whenfif majority be present, such cleo.
ton shall be made, the vote OF a. ma ority of those
present being necessary for choice. Whenlhe
Office OF presiding justice becomes vacant from
any cause, the court shall, all the justices being
summoned, and a Fgajority present psecct ptesi
ding Justice Of that court and al the first session
Of a county court thus selected, and al the first
session Of every such couftatter genersl cleo
ton, or so soon as may be, alHthe justices being
summoned, The court shall classify HE justices
for the performance Of their duties in court; and
whenever vacancy shall occur 10 any district,
the justice electedto supply The vacancy shalloc
cupy the place in said classification oftGe justice
4who preceded him.
ID, II a vacancy occurs in the Office Of clerk
Office Of clekE Of circuit court, by The JUDGES
thereof in vacation andsuch court or judge at
the time of making such appointment, shall order
a writ OF election 10 fill thevacancy. The clerk
pro tempore shalldischarge the duties ofthe Office
until clerk is elected and qualified.
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.
tions TO which provided for in this act, other
than those mentioned in the preceding section,
the county or corporation court shall order writ
of election to supply the said vacancy; and the
county and corporation courts, as provided for in
the second and third sections of this act, shall
appoint commissioners and officers, with the
same powers and duties as those appointed to
superintend the general elections OF said officers;
and the said elections shall be held and conduct
ed, and the returns made, and contests conduct
ed and decided, in the same manner as IN gene
raj elections OF said officers: Propided, II the
vacancy be in the Office OF attornegfor the Com
monweath in circuit courtheld, for a city or
corporation, or for county and city together,
the hustings court of the city or corporation in
The first case, and in the other case the county
court, shall order the writ of election.
10. The officer or officers TO whom any such
writ Of election is directed, shall give notice
thereof, and Of the time of elections, by adVer-
tisement, at two Of the most suitable places IN
/ the district where it is district election: Pro-
4 ridsd, That when it is a county election the ad-
yertsement shall be made in each dlstIjct.
1 is. The removal OF clerk Of the circuit or
county court Of sheriff or surveyor, from tae
county in which he was elected, shall be a yaca-
ton Of his office and the removal OF an oSerseer
Of the poor or constable from the district in which
he is elected, shall vacate the Office 70 which he
i was elected. But the clerk Of a circuit court
now residing beyond Tie limits Of the county il
which he holds the Office may be re-eligible, ant
l,if elected, may continue 70 reside ont OF tha
county.
II. The office OF Justice Of the peace shall b
deemed vacant, not only when he dies, resigns o
IS removed from office but also when he Halls L
qualify within thirty days after he receives hi
commission, or shall remove from The district Il
which he is elected.
49, The term of office OF the commissioners 0
I ! fine revenue SudiI Vh tuS tiiHt -
February next Succeeding the election. In
term OF Office Of the other officers whose election
is proyided for in this act shall commence on la
first day Of July, next succeeding tie election
And the clerks OF the circuit and county court
andtbe surveyors shall continue IN Office for III
term OF six years; attorneys for the common
wealth. justices of the peace and oyerseers OF To
pdor. for the Term OF four years sberltis, com
missiouers OF the revenue and eonsiables, 10
4 two wears from thai day, unless soonerremovet
10 The officers aforesaid shall, before entel
inc uuon the discharge Of their respective dntie,
take The oaths OF Office prescribed BY the God
+ of VIRGINIA. and give all such official bonds o
are now required OF any such officers. The 0
: fetal bonds and oaths required 10 be admlnlsle
3 ed and executed il any circuit court may /
!, takeo by or before the judge oil such court IN VI
\ caiioa. Who shall cause TO be entered OF recoI
Q n such court the proper orders esidencing n
aua qualification Of any such ofIicer, aud sha
rartfu The official bonds the proper officers {,
? record. Every sach officer shall, either IN Il
( nroper court or before judge as Aforesaid, tai
: such oaths and give such bonds within SIX
2 DAYS after his election and If be fail 90 TO do b
Office shall be deemed vacant but his quaiitir
y lion. unless be be elected 10 iii Vacancy, sha
y moi be deemed 10 take effect before the first d
Of July next after bis election
I, 20. The clerks Of the circuit and couniv cour
|. and sheriffs may. as now provided, appoint dep
a ties with the same powers, duties, liabilities, al
e under the same provisions OF law as deputies