Monongalia mirror. [volume] (Morgantown, Va. [W. Va.]) 1849-1855, 1852-07-03
ELECTIONS, QUALIFICATIONS, sc,

opinion which we copy tom the
Y Richmond Enquirer.
n The act for the election: &C.. Of county
/ officers, provides, sec. ls. that The terms
I Of Office Of the several oflirels whose cleo.
I lions are provided for in that act, shall
s commence on the first day OF July, except
commissioners Of The revenue, whose
\ terms commence on The Isl day Of Feb.
4 mary. By tie latter ari the commence,
lnem' Of the terms Of justices Of the peace
!; is changed from the Isl day OF July 10 ihe
Z Isl day Of August
4 The. &C, fist mentioned also requires
q that the officers elected under 1t snail Ot-
y fore entering upon, lile u'sehatge " 'r,e''
u h =. a nNls .e =, Virr";o nnd
B live smrh ofiriaI bonds rs are now re.
b ouired of auy such officer; sec. 10. This
a they are oil required 10 do within sixty
n DAYS after the election, cxcep, justices Of
& the peace, who must do so within thirty
y DAYS after their commissions are received.
n Ba, the qualification OF any officer shall
n not be deemed 10 iakeeflect till his term Of
4 service commences.
a Under these provisions ] have no hest.
e tancr In EXPRESSING the opinion generally,
x ,hat'ho newly elected Officers may quail
Il ~ before the commencement Of Their
& terms. and shnl ! do so, if practicable;
e and that such Of them as ought TO qualify
Il in lie County Courts, may do so with as
B much prnpriplv before County Court
b held BY The old justices as il it was held
q by the new.
h TIL, same oaihs are 10 be taken BY oil
i; the officers. They are found in the Code.
B maze Sc. and are.
b The ootb of (iJeli,v TO The Common
r ,vcaIIb
= Tr ,,o,,;,u ,,1
3 . =. r"' 'u'" "s' "
81 g. i"e oa'il u o''cr'
s But us 10 The second, or oatn against Iu-
e ling. new act OIL that SUBJECT nnder
The iIrw Constitution, was passed oy ihe
b Grnrr'l Assembly, on tIle I'D May, 1907,
entitled ian act disabling any person
q concerned III duel from holding offce,"
contains The oath thereby required 10 be
y taken. This must be substituted IN place
h Of the oath in.ihe Cole, aud II is these
4 words:
q "Iswcar that have not, since the pas
/ sage Of the act entitled "an nr, disabling
8 any person concerned in duel from hold
q in. Office fought adrel, or sent or accept
h ed challenge 10 fight a duel, the proba-
4 bic issue Of which might have been the
4 death Of the challenger and challenged,
b nor been knowingly the bearer Of such
& challenge or acceptance, nor been second
& 10 either party, nor III any manner aided
Il or assisted in snch duel, and that will
n not be engaged or concerned, directly or
b indirectly, in or about any such duel. du.
h ring my continuance III Office. SO help
Il inc God.'
d The officers who are required to execute
bonds, as well as 10 take these oalhs, are
b Clerks Of the Circuit Court, Clerks OF the
b County Courts, Surveyors, Sherifs. Com
d missioners Of the Revenue, and Consia-
4 bis. All these, except the Clerks Of the
ECircuit Courts, are 10 take The oalls ana
3 give the proper bond IN their County
Il Courts, and may do SO at the first Term oil
h their County Courts alter they are ascer-
{ tanned TO be elected, whether II be the
a June or the July term oil ihe court
b Surveyors and SherIds may take the
II oaths and give the bonds without any
a commission from the Governor. The ior-
d mer laws requiring them to be commls;
s stoned, (Code, page Az, and pages gao q,
2 IRE deemed inconsistent with the county
b elections act, il not with the Constitution.
& Neither requires that they shall be com
& missioned, and as the act does not require
returns OF their elections to be made to
the Governor, he could q. not know whom to
commission lie 2olh section OF ine acl
therefore repeats 50 mucn Oh lGe ioimef
\ laws as related 10 Inc commissioning OF
\ these officers
n Ia regard TO bonds &c, see as TO Clerks,
U Code, page 63l, Sc /. I and 10. As TO SUI
! veyors, page Az, latter clause Of sec. p
q As 10 ShcriiIs, page PIG, sec. 5. As to
q Conslsbles, page 24s, sec. IA; and as to
4 Commissioners Of The Revenue, page l19,
4 Sec. and 6. For the form of the bond
y in every case, see page IS, sec. Sand
4 for tho record 10 be made Of the qualIti-
d cation Of these and all officers, see page
a 81. sec. 5 and G.
d Commonwealth Attorneys and Over.
Z seers of the Poor, not being required to
4 give bonds, may take the oa!hs IN thelf