Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1852-03-16
VsRsGEsaA LEGISLATURES.
SENATE.

| gates was read.
Senate bill providing for the election and
qualifications of Clerks of the Circuit and Coun-
| ty Courts, Attorneys for the Commonwealth.
Sheriffs, Commissioners of the Revenue, and
Surveyors, was read third time, and passed, as
follows:
SEC l. On the fourth Thursday in April, 1852 there
shall be elected by the voters in each county, Clerk of
the County Court Clerk of the Circuit Court, At
torney for the Commonwealth, Surveyor Sheriff.
and Commissioners of the Revenue in each
corporation and city, for which respectively Circuit
Court is held. Attorney for the Commonw and
Clerk for such Court and in every county and CITY,
for which together Circuit Court is held Attorney
for the Commonwealth and Clerk for such Court On
the day in every sixth year thereafter Clerks and
Surveyors shall be elected in every fourth year there
AFTER Attorneys for the Commonwealth shall be elected;
and in every second year thereafter Shers and Com
missoners of the Revenue shall be elected.
SEC 3 The number of Commissioners of the Re
for each county. shall be that prescribed by
law and there shall be elected for each district
laid off and prescribed by law, Commissioner, who
shall during his term of Office reside in the district for
which he elected, and his removal thereirom shall
vacate his office.
| SEC g. On or before the - day-next the Gov
shall appoint three commissioners in every such
county city and corporation who shall superntend the
elections authorized by this act the G. House of their
respective countescties and corporations shall appoint
for each separate place of voting therein three commits
sioners to supernend the election at such place ofvotng
and shall also designate the officers to conduct the cleo
lions at the Court Houses and precincts but in the alb
of any such officer the commissioners for any pre-
cinc shall appoint the officer to conduct the election at
such precinct The commissioners appointed, shall,
until their appointed superntend all cleo
tons to fill vacancies happening in any of said Offices
The said commissioners and officers shall respectively
take the oahs perform the duties have the powers be
governed by the regulations and liable to the penalties
prescribed by the Code of Virginia, for commissioners
superntending and officers conducting elections
cept far the inconsistent with the constr
tuition Or this act.
SEC 4. If only one of the Commissioners appointed
superintend any of the said elections attend he may
associate with himself any voter of the county, city
corporation who may be present. If none of thecom mis-
sioners attend should have been app onted
then any three of the county, city corporation
being present. and agreeing to act shall be commission
ers and such commissioner appointed, or agreeing to
in the prescribed by this section shall take
the OATH have the powers and be subject to
the penalties, as if he had been originally appoin
ted.
SEC. 5. The same provisions which govern the open
ing and closing the polls, in other general elections in
this Commonwealth shall regulate the elections provid
ed for in this
SEC. 6. The Commissioners experimenting the cleo
ton places other than the Court House SHALL with
in five days after the commencement of the election
port and deliver the poll to the Commissioners the
Court House, and said last mentioned Commissioners,
shall within eight days from the of the
election, examine the poll strike therefrom all
which by law directed to be stricken from the same
ascertain the result and declare the persons for whom
respectively the greatest numberof votes given to
be elected the greatest number of votes be equal
for two persons, they shall decide forthwith by
lot to whom the certificate shall be given they shall
forthwith set up at the front door of the Court House.
notice of the election and SHALL ION the same day.
make of the polls taken, accompanied by
certificate of the persons elected to the Clerk of the
county city or corporation Court las the case may he
who shall file the same In his Office.
= Sec. 7. The returns ofthe said election shall be sub
ect the inquiry determination and judgment of the
respective county and corporation courts of the
ty court in case the election for county and CITY,
f upon complaint of twenty four of the
the county of undue election false return two OF
: whom shall take and subscribe an oath or affirmation
thatt bl
best of their knowledge and belief and the said
u shall in Judging of said elections proceed upon the
merits thereof and shall determine finally concerning
the same according the Constitution and laws of this
n Commonwealth; and such complaint shall not be valid
regarded by the court unless the shall have
been filed with the clerk Of the county court within ten
DAYS after the return of the certificate of election to the
u clerks Office Of the said Upon the expiration OF
the said ten days if no such complaint shall have been
filed respecting any officer whose election is provided
for in this actor in ola contest to the election
of any such officer then Immediately upon the decision
thereof the clerk OF the court shall certify the election
Of such officer to the Governor who shall all such
certificates of election to be recorded in the office of
the secretary of the Commonwealth
SEC In every case, the party whose eeconis
tested SHALL within ten days after the complaint, be
served with copy Of the complaint and notice of the
contest in the manner prescribed by the st section of
chapter ~ of the Code of Virginia; Upon notice of
the complaint being given provided for in this section
each party shall be at liberty to proceed to take all pro-
per dispositions to sustain nvadate said election up
on reasonable notice to the adverse party and the Court
shall proceed at the LIST session after the said complaint
made, to determine said contest without jury upon
evidence thus furnished and upon oral testimony any,
unless good cause be shown for continuance
Sec g. II vacancy occurs in the office of Clerk of any
such Go urt Clerk pro empo1e may be appointed by
the Court or If the vacancy is in the office of Clerk of
Circuit Court by the Judge thereof in vacation: and
such Court or Judge at the time of making such an
pointment shall order writ ofeleotion fill the vacan-
cy. The Clerk pro tempore shall discharge the duties
of the office until Clerk is elected and qualified
SEC. TO- Whenever vacancy shall occur in any of
the Offices elections to which provided for in tho
act other than those mentioned in the preceding
on the County Court shall order writ Of election its
supply the said vacancy and all special elections held
undert or the preceding section shall be held and
ducted and returns made and contest conducted and
decided in the general elections; pro-
uded if the vacancy be in the office Of Attorney for the
Commonwealth, in Circuit Court held for City for
County and City together the Hastings Court of the
City in the first case, and in the other the Coun
ty Court, shall order the writ of election,
Sec. IL. Every writ for special election shall be
directed to the Sheriff of the County, if there be
Sheriff. to Coroner of the County, and such officer
shall give notice thereof and of the time of holding the
election, by advertisements at the Courthouse and
| each place of voting i'll the County.
County Court of Sheriff, of O Commissioner of the
Revenue Surveyor, from the county in which he was
elected shall be vacation of his Office But the Clerk
of Circuit Court residing beyond the limits of the
county in which he holds the Office. may be reeligble
and if elected may continue to reside of that
ty.
SEC 49, The term Of Office of each of the officers
whose election is provided for in this act, shall com
the LIST day ofJuly in the year which he is
elected and each of said officers SHALL unless sooner re-
moved continue in office for the term prescribed in the
Constitution. and until his successor is qualified
SEC A. The officers aforesaid shall, before entering
upon the discharge ofther respective duties take the
oahs of office prescribedby the Code of Virginia and
give all official bonds are required of any of
such officers. The official bonds and oath 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 to be entered of record in
such Court the proper orders evdencing the due quail
ication of any such officer and shall certify the official
bonds to the proper officers for record
SEC Is Any such officer shall, either in the proper
Court, or before Judge aforesaid, take such oaths
and give such bonds within ninety dsys after his cleo
tom and if he fail do his Office shall be deemed
vacant but his qualification, unless he be elected to fill
vacancy shall not be deemed to take effect before the
first day of July next after his election.
SEC 16. The powers and duties of said officers and
the penalties for their misconduct neglect of duty
shall be such as are may be hereafter nrescrhed