The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-07-30
uRDAY MoRN1N G UIlY 50 .1s7O. ]. 9

4 EURTHEK ASouT THE MuNI0ypAr. Slgryfrrs.
"A New ELEoTIoN M Novennrn mn = = In ~ 1fho
Hustlngs Court Yesterday Judge Gu;gon
election to Il the vacancies declarnd y; ,ss ss u
decision in the recent contested eIs:fioss .o.s
case. The announcement was aceonanaT1iad
by the following statement Of the views Of
1.-THE Court : - Et7st
aBy the provision Of the general election
law, as IL was originally passed, the duty
was imposed upon the judges oSfhe county
and corporation courts of issuing writS OF
election In cases of vacancy, and the judges
twere required to appoint the time at which
such election should be held. The law also
Iprovided e The officers appointed to FILL
vacancies shall continue to discharge the
duties of their respective offices until their
successors can be elected and qualified. =,
tsIf the law so stood at this time L shouid
at once have ordered an election TO. .nil fne
Evacancies declared.' But the Legislature,
| just before adjournment, amended tins isW,
recurring appointees to vacancies to dis
charge the duties of their Offices until their
successors shall be elected at the neIt etec-
tton after their appointment, and also re-
quiring the judges in cases of vacancy to Is
sue writs ofelection to- I'LL them, so that the
same may be filed at the neat election after
such vacancy may occur. :. @.'i-s.
ssThere are two regular or general cleo
tions provided for by the general election
law-one In May and one in November of
each year. tits plain that the Legislature
intended by this amendment that In cases
Ur yvucaIIcy the election for suck vacaHcles
should take place at the first OF these regu-
Lar elections after such vacancy. The rea-
son is obvious. ,n.
NThe number of offices to be filled by.
election in each county and city isllarge-
numbering some fifty or sixty. Vacancies
will necessarily be of frequent occurrence,
and if in each case Of vacancy there is to be
O new registration and aispecial election,
there will be no end to the expense, incol-
yenience, and annoyance Of such system.
Under this amendment of the law, which
seems to me q wise one, shall order writs
of election to fill these vacancies on the
Tuesday after the first Monday in Novem-
Der next, and will proceed to fill the yacan-
cies.o ll t&.,s.
We have obtained the subjoined attested
copy of the act amendatory of the general
election law, to which Judge Guigon re-
fers. in the above opinion. It has not been
hitherto published: -
"An Act to amend and resndct section fifty
eight off act entitled an act to prouttle
for a general election. 4prooed May II,
"Be it enacted By the General assembly,
That section fifty-eight of the act entitled
an act to provide for a general election, ap-
proved May eleventh, eighteen hundred
and seventy, be amended and reenacted so
as to read as follows
&C SECTION 58. Whenever q vacancy shall
occur in any county, corporation, or town.
ship Office, the same shall be filed by the,
judge Of the county or corporation court OF
tie county or corporation in which such
vacancy shall occur: PROVIDED, hoaoeuer,
That when a vacancy shall occur in the
office of the circuit court clerk, when the
clerk of the county court is not clerk Of
the circuit court, such vacancy shall be
filed by the judge Of the court in which
the vacancy occurs And proutded, further,
That when vacancy occurs in the office of
Hastings Court clerk, attorney for the
commonwealth of a city or town, such
vacancy shall be filled by the judge of the
Hastings Court of the city or town in
which such vacancy occurs A7ad proUided,
further, That when a vacancy occurs
in the Office of the clerk Of chan
cery court Of the city of Richmond such
vacancies shall be filled by the judge
thereof. And all officers so appointed to
till vacancies shall continue to discharge the
duties Of their respective offices until their
SUCCESSORS shall be elected ut the next cleo
ton after their appointment, and shall have
qHsaAssad sah Xhb be Of esddtS9yp Syp ,t9 t9 dges sH d
the county or corporation courts of the
counties or corporations in which such
vacancies occur; so that the same may be
filled at the next election after any such
vacancy may occur. 20.
"This act shall be in force from its pas
sage. aa
Approved July II, 1870. -.
g :. j. BELL BIGGER,
"Clerk of House Of Delegates and Keeper
of the Rolls of Virginia."