The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-02-25

in certain cnse5 DC SHDJpCt I'd Te-neaTlnt
after that court shall have been reJrgan
lied under the Constitution. The amend
.nent was agreed to.
The bill was further amended, and nov
appears in the following form. To-day j
comes up still on its second reading, ant
the question will be upon its engrossmen
for third reading.
Whereas grave doubts have arisen as t.
the right Of tho civil officers of this Com
monwealth, the Governor, Attorney-Gene
rnl, Lieutenant Governor, and members Of
the General Assembly excepted, to continue
70 hold their Offices, and to exercise the
powers, perform the duties, and enjoy ths
privileges and emolumcnts appertaining tt
the same, and as to the legality of then
acts as such officers since the admission Of
the State as one Of the cosqnal States Of the
American Union and whereas the failure
to recognize the official acts Of such officers
as legal, and their removal from office a.
this time would cause great Confusion
and embarrassment throughout the State
therefore
]. Be it enacted by the General Assembly
Of Fi7giaia, That all such officers who are
eligible TO Office under The existing Con
stitution and laws of Virginia, and who
qualified on or before the Goth day of Janu-
airy, 1870, and none others, be and they
are hereby recognized Us legal officers OF
this Commonwealth, and authorized to con-
time to hold their said Offices and to exer-
else the rights and powers, perform the du-
ties, and enjoy the privileges and emoil-
e. ba I'm a =
they may lawfully do go under the present
Constitution and laws Of this State, ana
until their successors are appointed or
elected and have duly qualified: Pro-
rided, That all officers of whom bonds
are now required By law for tho proper
discharge of their respective duties shall
rive or renew their bonds, with good Sc
curity, in the penalty now provided by law,
within thirty days after the passage of this
act and provided, if no term of the court
before which any officer ia required to give
bond occurs before the expiration of said
period of thirty days, then said bond shall
be given at the next term of the court
thereafter; and provided, further, that in
any county where the next term OF the
county court, after the passage of this act,
shall occur within ten days thereafter,
in that case the said officers shall be allowed
until the second term of said court to give
the bonds herein mentioned; and provided,
further, that where such bond is required
10 be given before the circuit court 1t may
be given before any judge OF a circuit court
in vacation; and provided, further, TINT no
constable, sheriff, sergeant, or collector OF
taxes or lcvics, shall collect any money by
virtue of their said Offices until snch bonds
are given or renewed ss aforesaid. If any
Of the officers mentioned in this section
shall fail 10 give the requisite bond within
the periods herein fixed their said offices
shall thereupou become vacant.
.. All official acts heretofore done by any
such officer, and otherwise lawful, ore here
by declared as legal and binding as if they
had been done by officers duly elected and
qualified undcrthe Constitution of this State !;
Provided, That any judgment, decree, or
order, rendered or made by the Court of
Appeals at the term thereof commencing on
the 18th day of July, 1870, shnll be subject
to the supervision and control of the Su-
premo Court of Appeals 10 be organized I'M
der tho Constitution, upon the motion or
petition Of any party TO the cause, for re-
hearing; and such judgment, decree, or Or
der, may be get aside and annuiled OR af-
Grmed, o5 10 said Supreme Court may seem
right and proper but twenty days notice
of the time OF making said motion or filing
said retition shall be given to the opposite
party. And provided further, That said
motion shall be made or petition filed with
in six months FROM and after the organi2a
ton Of the said Supreme Court of Appeals.
3. 81 il further enacted, That all va
cancics in the Office Of Justice Of the peace
and constable now existing, or which may
hereafter occur before an election for such
officers shall be held under this Constitu-
ton, may, ard the same shall be, filled by
appointncnt Of The Governor OF. this Tom
n.onwcaiih; and said justices and consta-
bles 30 appointed shall, when they have
qualified according to law. exercise all the
rights and powers, perform the duties, and
enjoy the privileges and emoluments, at
present appcrtaining to their respective Of
fees, 50 far as the same is not Inconsistent
with the Constitution Of this State, until
their SUCCESSORS have been duly appointed
or elected and have qualified according to
Law.
j. The Offices Of circuit and county
clerks shall be vacant at the first term oil
the respective courts hereafter held by
Judges elected under the present Constitu-
ton and such judges shall, of the said
term Of their respective courts, appoint q
Gle K for said court, to continue in Office
until his successor shall be regularly elect
ell and qualified. In any county where the
clerk Of the county court shall be also clerk
Of the circuit court, then the judge of the
county court OF said county, So soon a:
elected and qualified, shall appoint the clerk
for the said courts. The Offices Of attor'
news for the Commonwealth and of sheriff:
shall! be vacant of the first term of the
county court hereafter held by judge:
elected under the present Constitution in
thcir respective counties and such last
named judges shall, at the said first tern
of their respective courts, appoint attor
news for the Commonwealth and sheriff
for their respective counties, to con
tnue in Office until their successor
shall be regularly elected. The sheriff
and clerks cpl ointed unler this sec
tiou Of the act shall not enter up,l
the discharge Of their respective du
ties until they shall have given bond
according to law,-and if any of thu
officers mentioned in this section shall fai
to give the requisite bond within thirt.
days after his appointment, his said otfic
shall thereupon become vacant, and shall
| he filled at the same or next term Of tn
court at or after which such officer was ap
pointed, the officer 30 substituted to be sub
| iect in all other respects to the provision
of this section; and if such substitutes
officer shall in his turn full to give the pre-
scribed bond in the prescribed time, the
his Office shah become vacant, and be file
at the same or next term of the court 1T o
after which such officer was appointed, an