Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1852-06-24
70 &c Ezisoys ef he Esqs;rsv:
In snswer toenquirics frnm various quar-
isrs. ] request ) oo ~ pubIish the sccomPany-
ing Opinion. Very respectfully,
W. p. BOCOCK.

The act Tor the election. &c, Of county off,
GERS, provides, eec. IS, thar the terms Of office
OF the several officers whose elections are pro-
vidcd Tor N ihst oct. shall commence on the
ls day Of July, excerpt commissioners Of the
revenue, whose terms commence on the LIST
day Of February. BY later act the com
management oftLc fcrms cf justices oflhe pesce
is changed from the ist day Of July to the lat
day Of August.
The act fret mentioned also requires that the
officers elected under it shall. 6etSre entering
upon the discharge of their respective duties,
take he oabs OF office prescrilsdh ny The code Of
Virginia, and give such oeicisi bonds a. are
now required sfsny sucii officer; sec. 10. This
they are all required to do within sixty da, 8
ufter the rI.c,ion. rsce,n ,s,ices Of the peace
who must DO so within thiry days sfier their
commissions are received but the qusl6ra
ZION Of any officer shall Not b. dccmf d TO take
effect MI his term .f service commenrrs.
Under these provisions have hestancy
in expressing the opinion generally, that the
newly elected officers may qualify before the
commencement os iireir term. and should DO 20,
il practicable; and that such Of them 40 ought
TO qualify in the county Courts, may 60 50
with as much proprcty before County Court
held hy the old justices a. ifit was held by tho
prw.
The same oa1hs are 10 be TAX. nv all the nf
fcers. They are found in the Code, page So.
l. Tbeoath Of fidelity 10 the Conmonw cath.
g The oath against doelng. and
3. The oath or cffice.
But a. Ia the sscond. or oath sgsinst duel
Ing. new act I'm that subject. under the new
Constiturion. was passed by the General As
semi ly on the ED May, 1869. entitled IAN act
disabling any person concerned in duel from
holding office" which centainsthe oath thereby
required n he taken. This mus, be substituted
IN place Of the oath in the Code, and is in these
words
Il swear that have not. since the passage
of the act entitled an'sct disabling any person
concerned in sduel from holding office. fought
duel. or sent or accepted challenge to fight
duel, the probable issue Of hich might have
been the death Of the challenger or chaIlcng-
I'd. nor been knowingly the bearer Of such
challenge or acceptance, nor been second 10
either party, nor in any manner aided oras
sisted in such duel; and that will not he en-
gagged or concerned. directly or indirectly. in
Office. So help me Cod
uC outCetS uv dTC TttIuirtu W ShsCh'c
bonds. as well as to take these oaihs. are Clerks
"f the Circuit Courts. Clerks of the County
Courts, Surveyors Sh.riffs, Comm ssioncrs Of
the Revenue. and Constub!cs. All these ex-
cept the Clerks Of the Circuit Court. are to
take the oaths aud give the proper bonds in
their comfy courts, aud may do 30 at the first
term Of their county courts after they are as
oertained TO be- elected, " neither it he the June
or the July term oil the court
Surveyors and Sherifs may take the oaihs
and give the bonds without any commission
from the Governor The former laws rcquir-
ing them To be commissioned. Code. page
ATT. mud pages 2i5 g. are deemed inconsis
tent with the county election act. If not with
the Constitution. Neither requires that they
shall be commissioned. and as,he act does not
require returns of their elections to he made to
the Governor, he could not know whom to
commission. Tho Goth ofthc act therefore
peals so much of the former laws as related TO
the commissioning Of these officers.
In regard to bonds, &c, see as to Clerks,
Code. page 63l, sec. 7 and 10. As to Sur
vcyofs, page Az, latter clause of sec. 2. As
To Sherifs. page 2i6, sec. s. As to Constsbles.
page PAS. sec. "a: and as 10 Commissioners of
the Revenue. page l79. sec. sand 6. For the
form Of the bond in every case. see page IS.
Sec Sand for the record to he made of the
qualification Of these and all officers. see page
81, sec. s and 6.
Commonw ealtb's Attorneys aud Oversccrs
OF the Poor, not being required to give bonds,
may take the oaths in their county Court; or in
my opinion before Justice of the Peace if
Necessary. TO enable them to enter upon their
duties on the LIST Of July. Should they quail
iy before a Justice: they should obtain from
him certificate 81 the fact, aud deliver the
same for record in their county Courts. as re-
quired by sec. 6 page 81 ofthe Code.
A Clerk ola Circuit Court must quality.
as the others. within sixty days; and TO enable
him to do SO, his oaihs and bond are SLOWED
to be taken by or before the Judge of his Cir
cuu Court IN vacafinn. See, for directions.
county elections act. sec. 10. and Code. page.
63l, sec. z and 10. This it is believed, may
be done. either before the present Judge, pre-
viously TO his going out Of the Office. or before
the newly elected judge after his qualification
But this remark is not applicable to the Clerk
Of the Circuit Court of Henrico's or the City
OF Richmond, because they win be new
Courts and there are now no Judges Of those
Courts.
Every Commonwealth Attorney who is to
hold that Office for Circuit Court. should al
80 take the oaths for the Court before his Judge
within the requisite time, under the directions
ofsec. 10. ofthe act.
Lastly, as to Justices Of the Peace. Their
commissions are to be issued on the Both day
alter the election, or as soon thereafter as may
I've. They will therefore, be generally received
at the different clerks offices ahou, the LIST of
.Iuly.or, in somrinstsnccs. little earlier. And
Justices are required to qualify within so days
after their commissions aie received. Some
Of them. therefore, will he under the necessity
Of qualifying before the FIRST day Of August.
and it would be best they should all do so.-
The old Justices will Of course continue in Of
fee till August, and will hold the June ard
July terms Of the county courts. This gives the
opportunity to the new Justices TO qualify in
court at the July terms. or where the courts
come very late in the mouth at the June terms
aud they will see, by sec. IL o. the election
act. that they ought to do so. and proceed TO
choose their presiding Justice. But If Jus
tice fails to qualify in court. think he may
lawfully qualify by taking the oaths before
Judge or Justice. ob,aing the certificate. aud
disposing of that as required BY the Code,
page 81. Sec and s. W. ?. BOCOCK.
June IL, 1859.