dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 47.1 (Notaries and Out-of-State Commissioners), Chapter 4 (TERM OF OFFICE)
§ 47.1-23. Grounds for removal from office.
The Secretary may revoke the commission of any notary who:

1. Submits or has submitted an application for commission and appointment as a notary public which contains a substantial and material misstatement of fact;

2. Is convicted or has been convicted of any felony under the laws of the United States or this Commonwealth, or the laws of any other state, unless the notary has been pardoned for such offense, has had his conviction vacated by a granting of a writ of actual innocence, or has had his rights restored;

3. Is found to have committed official misconduct by a proceeding as provided in Chapter 5 (§ 47.1-24 et seq.);

4. Fails to exercise the powers or perform the duties of a notary public in accordance with this title, provided that if a notary is adjudged liable in any court of the Commonwealth in any action grounded in fraud, misrepresentation, impersonation, or violation of the notary laws of the Commonwealth, such notary shall be presumed removable under this section;

5. Performs a prohibited act pursuant to § 47.1-15 or 47.1-15.1;

6. Is convicted of the unauthorized practice of law pursuant to § 54.1-3904, or is a licensed attorney at law whose license is suspended or revoked;

7. Ceases to be a legal resident of the United States;

8. Becomes incapable of reading or writing the English language;

9. Is adjudicated mentally incompetent; or

10. Fails to keep the official physical seal, journal, or device, coding, disk, certificate, card, software, or passwords used to affix the notary's official electronic signature or seal under the exclusive control of the notary when not in use.

Code 1950, § 47-2; 1962, p. 687; 1976, c. 559; 1979, c. 14; 1980, c. 580; 1983, c. 435; 2007, cc. 269, 590; 2013, c. 86; 2014, cc. 544, 783.
Code of Virginia — Title 47.1 (Notaries and Out-of-State Commissioners), Chapter 5 (REMOVAL)
§ 47.1-24. Removal of notary by administrative process; surrender of commission; penalty.
A. Whenever the Secretary shall have reason to believe that a notary has been guilty of official misconduct pursuant to this chapter, or is otherwise subject to removal from office, an evidentiary proceeding under the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall be held.

B through D. [Repealed.]

E. If the Secretary determines that the notary is guilty of official misconduct or grounds exist for the removal of the notary and his case decision is not thereafter reversed or suspended by a court of law, the Secretary may issue an order removing the notary from office, suspending the notary from office for a period of time not to extend beyond the date of expiration of the notary's commission, or reprimanding the notary.

F. Upon being notified that an evidentiary proceeding has been initiated under this section, the notary who is the subject of such a proceeding shall forthwith cease to serve as a notary for a period of sixty days, or until his case has been decided, whichever period shall be shorter. If the Secretary finds that grounds for removal exist, such notary shall be further suspended from serving as a notary until the Secretary has made a final disposition of the case under subsection E of this section; however, no notarial act shall be deemed invalid solely by reason of having been performed by a notary who has been suspended pursuant to this subsection.

G. Any notary ordered removed from office under this section shall forthwith mail or deliver his commission to the Secretary, who shall cancel the same. Any notary ordered suspended under this section shall forthwith surrender his commission to the Secretary for the duration of such suspension.

H. [Repealed.]

I. Any notary failing to deliver his commission to the Secretary pursuant to an order of the Secretary under this section shall be guilty of a Class 3 misdemeanor.

Code 1950, §§ 47-2.1 through 47-4.6, 47-4.8; 1972, c. 824; 1978, c. 621; 1979, c. 410; 1980, c. 580; 1983, c. 435.

Code of Virginia — Title 47.1 (Notaries and Out-of-State Commissioners), Chapter 5 (REMOVAL)
§ 47.1-25. Disqualification from office.
Any notary removed from office under the provisions of § 47.1-24 shall be disqualified from maintaining the commission of notary public in this Commonwealth for a period of twenty years, unless such disqualification is sooner removed by the Governor.

Code 1950, § 47-4.7; 1979, c. 410; 1980, c. 580; 2007, cc. 269, 590.
Code of Virginia — Title 47.1 (Notaries and Out-of-State Commissioners), Chapter 6 (CIVIL AND CRIMINAL LIABILITY)
§ 47.1-26. Civil liability of notary.
A notary public shall be liable for all damages proximately caused by his official misconduct.

Code 1950, § 47-3; 1972, c. 824; 1980, c. 580.

Code of Virginia — Title 47.1 (Notaries and Out-of-State Commissioners), Chapter 6 (CIVIL AND CRIMINAL LIABILITY)
§ 47.1-27. Civil liability of employer of notary.
The employer of a notary public shall also be liable for all damages proximately caused by the official misconduct by such notary if:

1. The notary public was acting within the scope of his employment at the time such damages were caused; and

2. The employer had actual knowledge of, or reasonably should have known of, such notary's misconduct.

1980, c. 580.

Code of Virginia — Title 47.1 (Notaries and Out-of-State Commissioners), Chapter 6 (CIVIL AND CRIMINAL LIABILITY)
§ 47.1-28. Willful misconduct a misdemeanor.
A. Any notary who knowingly and willfully commits any official misconduct under Chapter 5 (§ 47.1-24 et seq.) of this title shall be guilty of a Class 3 misdemeanor.

B. Any employer of a notary who willfully induces such notary to commit official misconduct under Chapter 5 of this title shall be guilty of a Class 3 misdemeanor.

C. Any person who knowingly and willfully misrepresents on an application for commission as a notary whether they have been convicted of any felony under the laws of this Commonwealth, of any other state, or of the United States shall be guilty of a Class 1 misdemeanor.

1980, c. 580; 2008, cc. 117, 814.

Code of Virginia — Title 47.1 (Notaries and Out-of-State Commissioners), Chapter 6 (CIVIL AND CRIMINAL LIABILITY)
§ 47.1-29. Impersonation of notary a felony.
Any person who shall willfully act as, or otherwise impersonate, a notary public while not lawfully commissioned as a notary public or other official authorized to perform notarial acts, shall be guilty of a Class 6 felony.

1980, c. 580.

Code of Virginia — Title 47.1 (Notaries and Out-of-State Commissioners), Chapter 6 (CIVIL AND CRIMINAL LIABILITY)
§ 47.1-29.1. Wrongful possession of software or hardware.
Any person who knowingly obtains, conceals, damages, or destroys the certificate, disk, coding, card, program, software, or hardware enabling an electronic notary to affix an official electronic signature or seal, without authority, shall be guilty of a Class 1 misdemeanor.

2007, cc. 269, 590.
Code of Virginia — Title 47.1 (Notaries and Out-of-State Commissioners), Chapter 6 (CIVIL AND CRIMINAL LIABILITY)
§ 47.1-30. Conflict of interests.
No notary shall perform any notarial act with respect to any document, writing, or electronic document to which the notary or his spouse is a party, or in which either of them has a direct beneficial interest, or where the notary is a signatory or is named in the document to be notarized, except that a notary named in a document for the purpose of receiving notices, or named in a document as executor, trustee, or other fiduciary, shall not, for that reason alone, be precluded from performing notarial acts with respect to such document.

Any notary who violates the provisions of this section shall be guilty of official misconduct.

A notarial act performed in violation of this section shall not automatically be void for such reason, but shall be voidable in the discretion of any court of competent jurisdiction upon the motion of any person injured thereby.

1980, c. 580; 1992, c. 194; 2007, cc. 269, 590; 2011, c. 746; 2012, c. 566.
Code of Virginia — Title 47.1 (Notaries and Out-of-State Commissioners), Chapter 7 (OUT-OF-STATE COMMISSIONERS [Repealed])
§ 47.1-31. Repealed.
Repealed by Acts 2007, cc. 269 and 590, cl. 2.
Code of Virginia — Title 48 (Nuisances), Chapter 1 (ABATING PUBLIC NUISANCES GENERALLY)
§ 48-1. Investigation of complaint by special grand jury.
When complaint is made to the circuit court of any county, or the corporation court of any city of this Commonwealth, by five or more citizens of any county, city or town, setting forth the existence of a public or common nuisance, the court, or the judge thereof in vacation, shall summon a special grand jury, in the mode provided by law, to the next term of such court, to specially investigate such complaint.

Code 1919, § 1520.

Code of Virginia — Title 48 (Nuisances), Chapter 1 (ABATING PUBLIC NUISANCES GENERALLY)
§ 48-2. Presentment against person causing nuisance.
If upon a full investigation of the complaint mentioned in § 48-1 the grand jury is satisfied that the nuisance complained of is of a public nature, it shall proceed to make presentment against such person or persons as they may find have created or caused such nuisance.

Code 1919, § 1520.

Code of Virginia — Title 48 (Nuisances), Chapter 1 (ABATING PUBLIC NUISANCES GENERALLY)
§ 48-3. Permitting continuation of nuisance; presentment against premises.
If any such nuisance be upon premises the owner of which did not create or cause such nuisance, but permitted its continuation, such owner shall, for the purposes of this chapter, be deemed responsible for such nuisance, and if such owner be not a resident or citizen of this Commonwealth, or one whose residence is not known, such presentment shall be against the premises upon which such nuisance is.

Code 1919, § 1520.

Code of Virginia — Title 48 (Nuisances), Chapter 1 (ABATING PUBLIC NUISANCES GENERALLY)
§ 48-4. Service of copy of presentment; defense by person interested.
Upon any such presentment the court shall order a copy thereof to be served upon the person or persons presented, or whose property is presented, in the manner prescribed by law as to the service of notices. To any such proceeding, if it be in rem, any person interested, or for and in behalf of the owner of such premises, may make defense.

Code 1919, § 1520.

Code of Virginia — Title 48 (Nuisances), Chapter 1 (ABATING PUBLIC NUISANCES GENERALLY)
§ 48-5. Fines and costs; judgment of abatement.
Upon the trial of any such presentment the person or persons who have created, caused or permitted the continuation of any nuisance, if found guilty, shall be ordered to either abate said nuisance or to reimburse the locality for all costs of removal and abatement of said nuisance, if the locality has abated the nuisance pursuant to § 15.2-900, and further may be fined not more than $25,000, in addition to other remedies available under the law.

Code 1919, § 1520; 1996, cc. 291, 808; 2009, cc. 181, 551.

Code of Virginia — Title 48 (Nuisances), Chapter 1 (ABATING PUBLIC NUISANCES GENERALLY)
§ 48-6. Enforcement of judgment in rem.
Every judgment in rem under this chapter shall be enforced in the same manner as an attachment levied on real estate.

Code 1919, § 1520.
Code of Virginia — Title 48 (Nuisances), Chapter 2 (HOUSES OF PROSTITUTION, ETC.)
§ 48-10. Contempt proceedings.
In case of the violation of any injunction granted to restrain such nuisance, the court, or, in vacation, a judge thereof, may summarily try and punish the offender. The proceeding shall be commenced by filing with the clerk of the court an information, under oath, setting out the alleged facts constituting such violation, upon which the court or judge shall cause a warrant to issue, under which the defendant shall be arrested. The trial may be had upon affidavits, or either party may at any stage of the proceeding demand the production and oral examination of the witnesses.

Code 1919, § 1524.

Code of Virginia — Title 48 (Nuisances), Chapter 2 (HOUSES OF PROSTITUTION, ETC.)
§ 48-11. Punishment for contempt.
A party found guilty of contempt under the provisions of § 48-10, shall be punished by a fine of not less than $100 nor more than $2,500, or by imprisonment in jail not less than three months nor more than six months, or in the discretion of the court by both fine and imprisonment.

Code 1919, § 1524; 1996, cc. 291, 808.

Code of Virginia — Title 48 (Nuisances), Chapter 2 (HOUSES OF PROSTITUTION, ETC.)
§ 48-12. Order of abatement of nuisance; sale of furniture, etc.; closing of building.
If the existence of the nuisance be established in such suit in equity, or in a criminal proceeding, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the building or place of all fixtures, furniture, musical instruments, or movable property used in conducting the nuisance, and shall direct the sale thereof in the manner provided for the sale of chattels under execution, and shall decree the effectual closing of the building or place against its use for any purpose, and so keeping it closed for a period of one year, unless sooner released. If any person shall break and enter or use a building, erection, or place so directed to be closed he shall be punished as for contempt, as provided in § 48-11.

Code 1919, § 1525.

Code of Virginia — Title 48 (Nuisances), Chapter 2 (HOUSES OF PROSTITUTION, ETC.)
§ 48-13. Disposition of proceeds of sale.
The proceeds of the sale of the personal property, as provided in § 48-12, shall be applied to the payment of the costs of the suit and abatement, including such reasonable attorney fee to be decreed to the attorney for the complainant, as the court shall think just, and the balance, if any, shall be paid to the defendant.

Code 1919, § 1526.
Code of Virginia — Title 48 (Nuisances), Chapter 2 (HOUSES OF PROSTITUTION, ETC.)
§ 48-14. When property to be delivered to owner on giving bond.
If the owner appears and pays all costs of the proceedings and files a bond, with sureties to be approved by the clerk, in the full value of the property, to be ascertained by the court, or by the judge, in vacation, conditioned that he will immediately abate such nuisance and prevent the same from being established or kept within a period of one year thereafter, the court, or, in vacation, the judge, may, if satisfied of his good faith, order the premises closed under the order of abatement to be delivered to such owner and such order of abatement cancelled so far as the same may relate to such property; and if the proceeding be a suit in equity and such bond be given, and costs therein paid before judgment and order of abatement, the suit shall be thereby abated as to such building only. But the release of the property under the provisions of this section shall not release it from judgment, lien, penalty, or liability to which it may be subject by law.

Code 1919, § 1527.

Code of Virginia — Title 48 (Nuisances), Chapter 2 (HOUSES OF PROSTITUTION, ETC.)
§ 48-15. Immunity to witnesses.
On motion of the attorney for the Commonwealth or other attorney representing the prosecution for violation of this chapter, the court may grant immunity to any witness called to testify in behalf of the prosecution.

Code 1919, § 1528.

Code of Virginia — Title 48 (Nuisances), Chapter 2 (HOUSES OF PROSTITUTION, ETC.)
§ 48-16. Closure of nuisance involving illegal drug transactions.
A. Upon a conviction under § 18.2-258 and after due notice and opportunity to be heard on the part of any owner, lessor, or a lienholder not involved in the original offense, by a proceeding similar to that in Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2 and upon proof of guilty knowledge, a court may order that such house, motor vehicle, aircraft, boat, vessel, or other premises, or any room or part thereof, be closed, but the court may, upon the owner or lessor giving bond in the penalty of not less than $500 and with security to be approved by the court, conditioned that the premises shall not be used for unlawful purposes, turn the same over to its owner or lessor; or proceeding may be had in equity as provided in § 48-17.

B. The penalties provided in this section shall be in addition to any other penalty provided by law, including immediate termination of a rental agreement as provided in § 55.1-1245.

C. In a civil or in rem proceeding under the provisions of this section judgment shall not be entered against the owner, lessor, or lienholder of property unless it is proved (i) that he knew of the unlawful use of the property and (ii) that he had the right, because of such unlawful use, to enter and repossess the property.

2004, c. 462.
Code of Virginia — Title 48 (Nuisances), Chapter 2 (HOUSES OF PROSTITUTION, ETC.)
§ 48-17. Enjoining nuisances involving illegal drug transactions.
The attorney for the Commonwealth, or any citizen of the county, city, or town, where such a nuisance as is described in § 18.2-258 exists, may, in addition to any other remedies and punishment, maintain a suit in equity in the name of the Commonwealth to enjoin the same. The attorney for the Commonwealth shall not be required to prosecute any suit brought by a citizen under this section. In every case where the bill charges, on the knowledge or belief of the complainant, and is sworn to by two witnesses, that a nuisance exists as described in § 18.2-258, a temporary injunction may be granted as soon as the bill is presented to the court provided reasonable notice has been given. The injunction shall enjoin and restrain any owners, tenants, their agents, employees, and any other person from contributing to or maintaining the nuisance and may impose such other requirements as the court deems appropriate. If, after a hearing, the court finds that the material allegations of the bill are true, although the premises complained of may not then be unlawfully used, it shall continue the injunction against such persons or premises for such period of time as it deems appropriate, with the right to dissolve the injunction upon a proper showing by the owner of the premises.

2004, c. 462.
Code of Virginia — Title 48 (Nuisances), Chapter 2 (HOUSES OF PROSTITUTION, ETC.)
§ 48-17.1. Temporary injunctions against alcoholic beverage sales.
A. Any locality by or through its mayor, chief executive, or attorney may petition a circuit court to temporarily enjoin the sale of alcohol at any establishment licensed by the Virginia Alcoholic Beverage Control Authority. The basis for such petition shall be the operator of the establishment has allowed it to become a meeting place for persons committing serious criminal violations of the law on or immediately adjacent to the premises so frequent and serious as to be deemed a continuing threat to public safety, as represented in an affidavit by the chief law-enforcement officer of the locality, supported by records of such criminal acts. The court shall, upon the presentation of evidence at a hearing on the matter, grant a temporary injunction, without bond, enjoining the sale of alcohol at the establishment, if it appears to the satisfaction of the court that the threat to public safety complained of exists and is likely to continue if such injunction is not granted. The court hearing on the petition shall be held within 10 days of service upon the respondent. The respondent shall be served with notice of the time and place of the hearing and copies of all documentary evidence to be relied upon by the complainant at such hearing. Any injunction issued by the court shall be dissolved in the event the court later finds that the threat to public safety that is the basis of the injunction has been abated by reason of a change of ownership, management, or business operations at the establishment, or other change in circumstance.

B. The Virginia Alcoholic Beverage Control Authority shall be given notice of any hearing under this section. In the event an injunction is granted, the Virginia Alcoholic Beverage Control Authority shall initiate an investigation into the activities at the establishment complained of and conduct an administrative hearing. After the Virginia Alcoholic Beverage Control Authority hearing and when a final determination has been issued by the Virginia Alcoholic Beverage Control Authority, regardless of disposition, any injunction issued hereunder shall be null, without further action by the complainant, respondent, or the court.

2007, c. 456; 2015, cc. 38, 730.
Code of Virginia — Title 48 (Nuisances), Chapter 2 (HOUSES OF PROSTITUTION, ETC.)
§ 48-7. Houses and contents are nuisances subject to abatement.
Any person who shall knowingly erect, establish, continue, maintain, use, own, occupy or lease any building, erection, place, or area used for the purpose of lewdness, assignation, prostitution, or activities of a criminal street gang, as criminal street gang is defined in § 18.2-46.1 in the Commonwealth is guilty of a nuisance, and the building, erection, place, or area, the ground itself, in or upon which such lewdness, assignation, prostitution, or criminal street gang activity is conducted, permitted, or carried on, continued, or exists, and the furniture, fixtures, musical instruments and contents are also declared a nuisance, and shall be enjoined and abated as hereinafter provided.

Code 1919, § 1521; 2005, cc. 764, 813.

Code of Virginia — Title 48 (Nuisances), Chapter 2 (HOUSES OF PROSTITUTION, ETC.)
§ 48-8. How nuisance enjoined.
Whenever a nuisance is kept, maintained, or exists as defined in § 48-7 the attorney for the Commonwealth or the Attorney General of the Commonwealth, or, with the exception of a suit brought against a criminal street gang as defined in § 18.2-46.1, any responsible citizen of the Commonwealth, may maintain a suit in equity in the name of the Commonwealth, upon the relation of such attorney for the Commonwealth, Attorney General, or citizen, to perpetually enjoin such nuisance, the person or persons conducting or maintaining the same, and the owner or agent of the building or ground upon which such nuisance exists. In such suit the court, or a judge in vacation, shall, upon the presentation of a bill therefor alleging that the nuisance complained of exists, and sworn to by two reputable citizens, allow a temporary writ of injunction, without bond, if it shall be made to appear to the satisfaction of the court or judge by evidence in the form of affidavits, depositions, oral testimony, or otherwise as the complainant may elect, that the nuisance complained of exists, unless the court or judge by previous order shall have directed the form and manner in which the evidence shall be presented. Three days' notice, in writing, shall be given the defendant of the hearing of the application, and if then continued at his instance the writ as prayed shall be granted as a matter of course. A suit brought to enjoin criminal street gang activity may be brought against the criminal street gang as defined in § 18.2-46.1, as an unincorporated association and in the name by which it is commonly known.

Code 1919, § 1522; 2005, cc. 764, 813.
Code of Virginia — Title 48 (Nuisances), Chapter 2 (HOUSES OF PROSTITUTION, ETC.)
§ 48-9. When case to be tried; dismissal; substitution of complainant; costs.
The suit when ready for hearing shall be tried at the first term of court, unless good cause for a continuance shall be shown, and in such suit oral evidence given in court of the general reputation of the place or criminal street gang as defined in § 18.2-46.1 shall be admissible for the purpose of proving or tending to prove the existence of such nuisance. If the complaint is filed by a citizen it shall not be dismissed by him before final hearing, except upon a sworn statement made by the complainant and his attorney, setting forth the reasons why the action should be dismissed, and the dismissal approved by the attorney for the Commonwealth, or the Attorney General of the Commonwealth, in writing or in open court. In any case, if the court is of the opinion that the suit ought not to be dismissed, it may direct the attorney for the Commonwealth to prosecute it to judgment; and if the suit is continued more than one term of court, any citizen or the attorney for the Commonwealth may be substituted for the complaining party and prosecute such suit to judgment. If the suit is brought by a citizen, and the court finds there was no reasonable ground or cause for said suit, the costs may be taxed against such citizen.

Code 1919, § 1523; 2005, cc. 764, 813.
Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 1 (OATHS AND AFFIRMATIONS)
§ 49-1. Form of general oath required of officers.
Every person before entering upon the discharge of any function as an officer of this Commonwealth shall take and subscribe the following oath: "I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge all the duties incumbent upon me as ____________________ according to the best of my ability, (so help me God)."

Any person reappointed to any office filled by gubernatorial appointment for a subsequent term to begin immediately upon expiration of an existing term shall not be required to renew the oath set out in this section; however, the original oath taken shall continue in effect with respect to the subsequent term.

Const., § 34; Code 1919, § 269; 1936, p. 49; 1971, Ex. Sess., c. 16; 1980, c. 320; 1988, c. 255.

Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 1 (OATHS AND AFFIRMATIONS)
§ 49-10. Use of Bible in administration of oaths.
No officer of this Commonwealth, or any political subdivision thereof, shall, in administering an oath in pursuance of law, require or request any person taking the oath to kiss the Holy Bible, or any book or books thereof, but persons being sworn for any purpose may be required to place their hand on the Holy Bible.

Any officer violating this section shall be subject to a fine of $100.

1920, p. 54; Michie Code 1942, § 278a.

Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 1 (OATHS AND AFFIRMATIONS)
§ 49-11. Failure to take oath.
If any officer or person mentioned in § 49-1 shall act in his office or function before taking such oaths as are required by law, he shall forfeit not less than $100 nor more than $1,000.

Code 1919, § 288.

Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 1 (OATHS AND AFFIRMATIONS)
§ 49-2. Form of oath for out-of-state commissioners.
Where a person residing in another state is appointed a commissioner by the Governor, he shall only be required to take and subscribe the following oath or affirmation:

"I, ____________________, swear (or affirm) that I will faithfully perform the duties of commissioner to the best of my ability. So help me God."

Code 1919, § 272.
Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 1 (OATHS AND AFFIRMATIONS)
§ 49-3. Who may administer oaths to officers.
The oaths to be taken by a person elected a member of either house of the General Assembly shall be administered by the clerk or presiding officer of the houses, respectively, or a notary. Those to be taken by any judge of any court of record elected by the General Assembly shall be administered in a court of record, or by any judge, or by any officer authorized by law to administer an oath. Those to be taken by any person elected or appointed an officer of either house of the General Assembly shall be administered by the person and in the manner prescribed by the rules of such house. The oaths to be taken by a person elected or appointed to any other office or post shall, except in cases in which it may be otherwise directed by law, be administered by the clerk of a court of record, by any judge, by a Commissioner or clerk of the State Corporation Commission or by the Secretary of the Commonwealth. A magistrate or person holding a comparable position in another state may administer the oaths to be taken by a commissioner or other person residing therein.

Whenever a person required to take an oath of office is a member of the United States Armed Forces and is on active duty, or is deployed by the United States Department of Defense as a civilian, the oath set forth in § 49-1 may be administered by a notary public.

Code 1919, § 273; 1968, c. 639; 1983, c. 228; 1986, c. 255; 1988, c. 255; 1992, c. 390; 1992, Sp. Sess., cc. 1, 2; 2008, cc. 57, 713.

Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 1 (OATHS AND AFFIRMATIONS)
§ 49-4. Magistrates and other officers who may administer oaths and take affidavits.
Any oath or affidavit required by law, which is not of such nature that it must be made in court, may be administered by a magistrate, a notary, a commissioner in chancery, a commissioner appointed by the Governor, a judge or clerk or deputy clerk of a court, a commissioner or clerk or deputy clerk of the State Corporation Commission, or clerks of governing bodies of local governments. In case of a survey directed by a court in a cause therein pending, an oath or affidavit may be administered by or before the surveyor directed to execute the order of survey.

Code 1919, § 274; 1932, p. 339; 1968, c. 639; 1970, c. 783; 1986, c. 255.
Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 1 (OATHS AND AFFIRMATIONS)
§ 49-5. Officer of another state or country may take affidavit; authentication.
An affidavit may also be made before any officer of any state or country authorized by its laws to administer an oath, and shall be deemed duly authenticated if it be subscribed by such officer and there be annexed to it a certificate of the clerk or any other officer of a court of record of such state or country, under an official seal, verifying the genuineness of the signature of the first mentioned officer and his authority to administer an oath, except that when such affidavit is made before a notary public of such other state or country the same shall be deemed and taken to be duly authenticated if it be subscribed by such notary with his official seal attached without being certified to by any clerk or other officer of a court of record.

Code 1919, § 275.

Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 1 (OATHS AND AFFIRMATIONS)
§ 49-6. Oath or affidavit required of purchaser of fuel, etc.
Whenever the purchaser of any fuel, provisions or other thing, whether of like kind with fuel and provisions or not, is required to make oath or affidavit as to the quantity or value of such fuel, provisions or other thing then in the possession of such purchaser, or to make any other oath or affidavit in relation thereto before he is allowed to purchase the same, such oath or affidavit may be administered by the seller with like effect, and with the same penalties for false swearing, as if the same had been administered by a magistrate.

1918, p. 266; Michie Code 1942, § 275a; 2008, cc. 551, 691.

Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 1 (OATHS AND AFFIRMATIONS)
§ 49-7. Affidavits for corporations, partnerships, and other entities.
An affidavit filed for a corporation or other entity may be made by its president, vice-president, general manager, cashier, treasurer, a director or attorney without any special authorization therefor, or by any person authorized by a majority of its stockholders, directors, partners or members to make the same.

Code 1919, § 276; 1986, c. 616.
Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 1 (OATHS AND AFFIRMATIONS)
§ 49-8. Where fact of oaths having been taken is recorded.
When a person elected or appointed to any office or post takes the oaths required of him in a court of record, a transcript from the record of the court, stating the fact of their having been taken, and when he takes such oaths before a judge, or other person, a certificate of the person administering the same, stating the fact of their having been taken, shall be obtained by the person taking the same, and be by him delivered for record as follows -- that is to say: When an oath is taken by the Governor, Lieutenant Governor, or any other officer of the general state government or member of any board or commission specifically mentioned in the Constitution, or by any officer or employee of the general state government or officer or member or employee of any state board, commission, division, bureau, institution or agency of whom an oath is required by law, the record shall, unless otherwise provided by law, be kept in the office of the Secretary of the Commonwealth. When an oath is taken by a judge, the record shall be in the first court in which he sits. When taken by an officer appointed by or belonging to a court, it shall be in the said court or in such other court as may be provided by law. In the case of a member or officer of either house of the General Assembly, the record shall be on the journal of the house in which he qualifies, or in such other manner as that house may prescribe by its rules. In the case of any other officer, unless it be otherwise provided, the record shall be in the court of the county or corporation in which the duties are to be discharged; or, if his duties are not to be discharged wholly in one county or corporation, then in the court of the county or corporation in which such officer resides.

Code 1919, § 277.

Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 1 (OATHS AND AFFIRMATIONS)
§ 49-9. When affirmation may be made.
If any person required to take an oath shall declare that he has religious scruples as to the propriety of taking it, he may make a solemn affirmation, which shall in all respects have the same effect as an oath.

Code 1919, § 278.
Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 2 (BONDS TAKEN BY COURTS AND OFFICERS)
§ 49-12. Provisions and conditions; acknowledgment and recordation; duty of clerk when taken in pending cause.
Every bond required by law to be taken or approved by or given before any court, board or officer, unless otherwise provided, shall be made payable to the Commonwealth of Virginia, with surety deemed sufficient by such court, board or officer. Every such bond required of any person appointed to or undertaking any office, post or trust, and every bond required to be taken of any person by an order or decree of court, unless otherwise provided, shall be with condition for the faithful discharge by him of the duties of his office, post or trust. When such bond is required to be taken or approved by or before the Governor, a court or the clerk of a court, it shall be proved or acknowledged before the Governor or court or clerk, as the case may be, and recorded by the Secretary of the Commonwealth in the first case, or by the clerk of the court in the other cases. When the bond is taken under an order or decree in a pending cause a certified copy thereof shall be filed in the cause by the clerk and charged as costs therein, and upon his failure to file such copy, he shall be fined ten dollars. Every such bond shall contain, as to the respective obligors, such a waiver as is provided for in § 34-22. In any such bond the liability of the surety or sureties may be limited to such sum or sums as they may respectively require.

Code 1919, § 279.
Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 2 (BONDS TAKEN BY COURTS AND OFFICERS)
§ 49-13. How new or additional bonds required and given; failure to give.
The proper court, whenever, in its opinion, it may be necessary for the protection of the public interests, may order any officer, of whom a bond is required by law, to give a new bond, or a bond in addition to one already given, within such time, not less than ten nor more than thirty days, as the court may prescribe; but the officer shall be served with a copy of a summons or rule, at least ten days before the order is made, citing him to appear and show cause against the same. The summons or rule shall be awarded whenever the court deems it proper, or on application to the court by the attorney for the Commonwealth, or, if the application is to the Supreme Court or the Court of Appeals, by the Attorney General. Such order shall be made by the circuit court of the county or city, if such officer is an officer of such county or city or any district thereof or by the Supreme Court or Court of Appeals, if he is a clerk of either court. Any new bond or additional bond given before the Supreme Court or the Court of Appeals shall be certified and transmitted to the clerk, to whom the original bond is required to be delivered, to be recorded by him. The bond may be given before the court requiring it or the judge thereof in vacation, or, if the court is the Supreme Court or the Court of Appeals, before either court or any three of the judges thereof in vacation; and when the bond is given in vacation, it shall be certified and returned by the judge or judges, before whom it is given, to the clerk of the proper court, who shall file and record the same in his office. If any officer fail or refuse to give the bond so required of him within the time prescribed, his office shall be deemed vacant.

Code 1919, c. 280; 1984, c. 703; 2002, c. 858.

Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 2 (BONDS TAKEN BY COURTS AND OFFICERS)
§ 49-14. Effect of giving new or additional bond.
When it is provided by any section of this Code, or shall be provided by any subsequent statute, that any new bond, or bond in addition to one already given, may be required to be given by any officer, fiduciary or any other person, if such new bond, when required, be given and accepted, the sureties in the former bond and their estates shall, except in cases where it is otherwise expressly provided, be discharged from all liability for any breach of duty committed by their principal after such new bond is so given and accepted. If such additional bond, when required, be given and accepted, the former bond shall continue in force and have the same effect in all respects as if such additional bond had not been required, given and accepted, except that in such case the sureties in the additional bond shall be jointly liable with the sureties in the former bond for any breach of duty committed by their principal after such additional bond was so given and accepted.

Code 1919, § 281.
Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 2 (BONDS TAKEN BY COURTS AND OFFICERS)
§ 49-15. Surety companies may be accepted as sureties on bonds; rights and liabilities.
Any company with a paid-up cash capital of not less than $250,000, incorporated and organized under the laws of any state of the United States or foreign country, for the purpose of transacting business as surety on obligations of persons or corporations, and which has complied with all the requirements of law regulating the admission of such companies to transact business in this Commonwealth, shall, upon production of evidence of solvency and credit satisfactory to the court or judge or other officer authorized to approve such bond, be accepted as surety upon the bond of any person or corporation required by the laws of this Commonwealth, or by any court, judge or other public officer or board or organization, to execute a bond with surety or sureties. If such surety company shall furnish satisfactory evidence of its ability to provide all the security required as aforesaid, no additional surety shall be exacted. Such surety shall be released from its liability on the same terms and conditions as are by law prescribed for the release of individuals, and shall have all the rights, remedies and reliefs of an individual guarantor, indemnitor or surety, and be subject to all the liabilities thereof.

Code 1919, § 282.

Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 2 (BONDS TAKEN BY COURTS AND OFFICERS)
§ 49-16. Allowance of expense of procuring corporate surety.
Any court, judge or other officer whose duty it is to pass upon the account of any person or corporation required to execute a bond with surety or sureties, as hereinbefore provided, shall, whenever any such person or corporation has given any such surety company as surety upon such bond, allow in the settlement of such account a reasonable sum for the expense of securing such surety; but this allowance shall not be made to any state, county, or municipal officer.

Code 1919, § 283.

Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 2 (BONDS TAKEN BY COURTS AND OFFICERS)
§ 49-17. Surety company estopped to deny power to execute instrument or assume liability.
Any such company which shall execute any bond as surety under the provisions of this chapter shall be estopped, in any proceedings to enforce the liability which it shall have assumed to incur, to deny its corporate power to execute such instrument or assume such liability.

Code 1919, § 284.
Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 2 (BONDS TAKEN BY COURTS AND OFFICERS)
§ 49-18. Agent or attorney of surety company signing without seal.
If any company organized and incorporated under the laws of this Commonwealth, or of any other state in the United States, or of any foreign country, for the purpose of transacting business as surety on obligations for persons, after having complied with the requirements of law regulating the admission of such companies in this Commonwealth, shall give any power of attorney, general or special, under its regular corporate seal, to any agent or attorney in fact to sign its corporate name as surety to any obligation, official or otherwise, required by the laws of this Commonwealth, or by any judge, court or other public officer, organization or board, and such power of attorney shall state that such signing by such agent or attorney in fact without the seal of such corporation shall have the same force and effect as if the corporate seal of such corporation was affixed to such obligations, then any and all such obligations, so signed by such agent or attorney in fact without the seal of such corporation, whether the agent or attorney in fact has used a scroll by way of seal or not, or whether the word "seal" is used in the body of the instrument or not, shall, for all purposes, have the same force and effect, and be as binding in all respects upon such corporation, as if the seal of such corporation had been duly and regularly affixed thereto.

Code 1919, § 285.

Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 2 (BONDS TAKEN BY COURTS AND OFFICERS)
§ 49-18.1. Seal not required.
In any instance in which the provisions of this Code require a bond with surety, neither a seal nor a facsimile of a seal shall be required for the validity thereof.

1979, c. 211.

Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 2 (BONDS TAKEN BY COURTS AND OFFICERS)
§ 49-19. Remedy on bonds.
Suits, or motions as provided by § 8.01-227, may be prosecuted from time to time upon any bond mentioned in §§ 49-12 and 49-13, in the name of the Commonwealth, for the benefit of the Commonwealth, a county or any persons injured by any breach of the condition of such bond, as often as any such breach may be alleged, until damages shall be recovered for such breaches equal to the penalty of the bond.

Code 1919, § 286.

Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 2 (BONDS TAKEN BY COURTS AND OFFICERS)
§ 49-20. How bonds given in civil suits made payable.
Any bond required by law to be given upon an injunction, appeal, writ of error, supersedeas or other proceeding in a civil suit may be payable to the party entitled to the benefit thereof, notwithstanding anything contained in § 49-12.

Code 1919, § 287.
Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 2 (BONDS TAKEN BY COURTS AND OFFICERS)
§ 49-21. Failure to give bond.
If any officer or person mentioned in § 49-12 shall act in his office, post or trust before giving such bonds as are required by law, he shall forfeit not less than $100 nor more than $1,000.

Code 1919, § 288.
Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 3 (RELIEF OF SURETIES)
§ 49-22. Sureties on official bonds.
When the surety, or his committee or personal representative, of any officer, or commissioner or receiver under decree of a court, required to give bond shall petition the court by which the bond is taken, or in which, or in the clerk's office of which, it is recorded, or the circuit court of the county or city, in which, where the bond of such officer is not taken by or filed in any court or clerk's office, the officer resides, to be relieved from the suretyship, such court shall, on proof of reasonable notice of his intended motion, require such officer, commissioner or receiver to give a new bond in the same manner as if none had been given by him. The surety in any bond required to be approved by the Governor shall file his petition in the Circuit Court of the City of Richmond, and the surety in the bond of any clerk of the Supreme Court or the Court of Appeals shall file his petition in the court for which his principal is the clerk.

Code 1919, § 5771; 1984, c. 703.

Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 3 (RELIEF OF SURETIES)
§ 49-23. Surety on bond given under decree of court for payment of money.
A surety, or his committee, or personal representative, in a bond, other than the bond of a commissioner or receiver, given under a decree or order of a court for the payment of money, if no suit be pending for the recovery thereof, may file his petition in the court which rendered or made the decree or order, or to which the case has been removed, for a bond of indemnity. The petition shall state that the petitioner has reason to believe that he, or the estate he represents, is likely to suffer pecuniary loss in consequence of such suretyship and the grounds of such belief and shall be verified by affidavit. Upon the filing of the petition and proof of reasonable notice to the principal in the bond and all the parties in interest, the court may require such indemnifying bond, with satisfactory sureties, to be given within a time to be prescribed. If such bond be given, it shall be with condition and shall bind the obligors therein to indemnify the sureties in the former bond against all loss or damage in consequence of such former bond. If such bond be not given, the court, on the request of such surety, personal representative or committee, if the money be due and payable, or whenever the same becomes due and payable, shall order suit to be brought for its recovery and prosecuted to judgment and by execution.

Code 1919, § 5776.

Code of Virginia — Title 49 (Oaths, Affirmations and Bonds), Chapter 3 (RELIEF OF SURETIES)
§ 49-24. Failure of officer to give new bond.
If any such officer, commissioner or receiver, being so required, shall fail to give a new bond, as provided in § 49-22, within the time required by the court, he shall be deemed to be guilty of a breach of duty, and shall be forthwith removed from his office or trust.

Code 1919, § 5773.