clerk, shall be placed in separate envelopes, endorsed, and directed to the Sec. 137. When clerk to make out and deliver certificate of election. As Amended 1889-90, p. 8. The clerk shall immediately make out, in pursuance of the determination 91 Va. 684. of the commissioners, a certificate of election for each of the persons having the highest number of votes for any county, corporation, or district office, or, in case of a tie, who have been decided by lot to be elected, and deliver the same to the person elected upon his making application therefor. Any clerk wilfully violating the provisions of this section shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars and by confinement in jail for a period of not less than thirty days nor more than six months. Sec. 144 a. Preservation of order at the polls.-The judges of election, 1889-90, p. 174. if it shall appear that voters are being intimidated or coerced from any source in the exercise of their suffrage by bystanders about the polling place, or that voters are being hindered or tampered with in any way so as to prevent the casting of a secret ballot, may order such person or persons so engaged in intimidating, coercing, hindering, or tampering with voters to cease such action, and if such person or persons so engaged do not forthwith desist the judges of election or a majority of them may order the arrest of such person or persons by a constable or any other person authorized by law to make arrests and confine him or them in the county or city jail, as the case may be, not exceeding twenty-four hours, and such person or persons may be summoned by due process of law before the next term of the county or corporation court having jurisdiction, as the case may be, and upon the production of evidence proving his or their guilt shall be fined in a sum not less than one hundred dollars nor more than five hundred dollars. Previous Sec. 149. Pay of judges and clerks.-The judges and clerks of any As Amended election held under this chapter shall receive as compensation for their 1897-8, p. 280. services the sum of one dollar each, and the judge carrying the returns Amendments 1893-4, p. 579. from his voting place to the county clerk's office shall receive for such 1897-8, p. 193. service the sum of one dollar, and in the counties of Accomac and Northampton all necessary travelling expenses; and in the county of Fauquier the judge of election conveying the returns to the clerk's office shall receive in addition to the sum of one dollar the same mileage now allowed to jurors for each mile necessarily travelled in excess of five miles, to be paid out of the county treasury. NOTE.-By chapter 177 of Acts 1897-'8 this section was amended so far as it relates to Henrico county. The above amendment, enacted a few days later, was probably passed in ignorance of that fact. CHAPTER XI. OF CONTESTED ELECTIONS. Sec. 160. [84 Va. 696; 88 Va. 760.] TITLE 6. DISABILITIES TO HOLD OFFICE AND SALES OF OFFICES. As Amended 1897-8, p. 485. Previous Amendments 1893-4, p. 281. 1895-6, p. 346. CHAPTER XII. OF DISABILITIES TO HOLD OFFICE AND AGAINST SALES OF OFFICES. Sec. 164. Qualification of the preceding section.—The preceding section shall not be construed to prevent members of congress from acting as justices, visitors of the university and Virginia military institute, or from holding offices in the militia, or to exclude from office under this state on account of a pension from the United States a person to whom such pension has been granted in consequence of a wound received in war, or to exclude from such office or post militia officers or soldiers on account of the recompense they may receive from the United States when called out into actual duty, or be construed to prevent fourth-class postmasters from acting as notaries or school trustee, or to prevent any person holding an office or post of profit, trust, or emolument, civil, legislative, executive or judicial, under the government of the United States from being a member of the militia or of holding office therein. Extra Session 1887, p. 516. As Amended 1891-2, p. 402. TITLE 7. OATHS, AFFIRMATIONS, AND BONDS TAKEN BY COURTS AND OFFICERS. CHAPTER XIII. OATHS, AFFIRMATIONS, AND BONDS TAKEN BY COURTS AND OFFICERS; NEW Sec. 170 a. To provide a modified oath to be taken by persons elected or appointed to any post or office under the laws of the Commonwealth who are unable to take the oath required under the acts o assembly approved April 21, 1882 (section 169).—When any person elected or appointed to any post or office under the laws of this commonwealth, including members of the general assembly, be so situated that he cannot take and subscribe the oath required under the act of assembly approved April twenty-first, eighteen hundred and eighty-two, such person may take and subscribe in lieu thereof the following oath: I swear (or affirm) that I have not since the removal of my disabilities by an act of the general assembly approved the day of —, eighteen --, fought in a duel the issue of which was or might have been the death of either party; nor have I been knowingly the bearer of any challenge or acceptance to fight a duel actually fought, nor have I been otherwise engaged or concerned, directly or indirectly, in a duel actually fought since said time, nor will I during my continuance in office be so engaged, directly or indirectly. So help me God. Sec. 172. 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, a justice, 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 a judge of such court, 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 such person and in such manner as such house may prescribe by its rules; and 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 in a court of record or by a judge of such court. A justice of another state may administer the oaths to be taken by a commissioner or other person residing therein. Sec. 174. Officer of another state or country may take affidavit.— As Amended An affidavit may also be made before any officer of any state or country 1897-8, p. 115. 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 officer with his official seal attached without being certified to by any clerk or other officer of a court of record. 91 Va. 1. Sec. 177. Bonds taken by courts and officers; their provisions and As Amended conditions.-Every bond required by law to be taken or approved by or 1895-6, p. 198. Previous ut given before any court, board, or officer, unless otherwise provided, shall Amendment 1889-90, p. 6. be made payable to the commonwealth of Virginia, with surety deemed 84 Va. 648. sufficient by such court, board, or officer. Every such bond required of 88 Va. 791. 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, and when required to be taken or approved by or before the governor, a court, or the clerk of a court, 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; and where 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. Every such bond shall contain, as to the respective obligors, such a waiver as is provided for in section thirty-six hundred and forty-seven, and also of any claim or right to discharge any liability to the commonwealth arising under said bond or by virtue of said office, post, or trust with coupons detached from bonds of this state. In any such bond the liability of the surety or sureties may be limited to such sum or sums as they may respectirely require. Sec. 177 a. Every recognizance to contain same waiver as in pre- 1889-90, p. 6. ceding section.-Every recognizance hereafter made or taken shall include such a waiver as is required by section one hundred and seventy-seven of the Code of Virginia in relation to the bonds therein mentioned, and though such waiver be not expressed in the recognizance it shall be deemed to be included therein in like manner and with the same effect as if it was so expressed. Sec. 178. [88 Va. 791.] --- Sec. 179 a. To facilitate the giving of bonds required by law. Any As Amended company with a paid-up cash capital of not less than two hundred and fifty 1895-6, p. 284. Original Act thousand dollars, incorporated and organized under the laws of any state 1893-4, p. 764. 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 state, 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 state, or by any court, judge, or other public officer or board or organization, to execute a bond with surety or sureties, and 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, it being the true intent and meaning of this act to enable corporations created for that purpose to become the surety on bonds required as aforesaid subject to all the rights and liabilities of private parties. 2. 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 said bond, allow in the settlement of such account a reasonable sum for the expense of securing such surety: provided, however, that this allowance shall not be made to any state, county, or municipal officer. 3. Any such company which shall execute any bond as surety under the provisions of this act 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. NOTE. 1286 a. As to provisions regulating guaranty companies see post, section Sec. 180. [88 Va. 791.] Sec. 181. [84 Va. 648.] TITLE 8. SALARIES, MILEAGE, AND OTHER ALLOWANCES. As Amended 1891-2, p. 964. 84 Va. 26. As Amended 1897-8, p. 459. Previous CHAPTER XIV. SALARIES OF CERTAIN OFFICERS OF THE GOVERNMENT; COMPENSATION OF Sec. 183, SUB-DIVISION SECOND [84 Va. 26], SUB-DIVISION TENTH. Of superintendent of penitentiary, surgeon, assistant keepers, and clerks. The superintendent of the penitentiary, the sum of sixteen hundred dollars; the surgeon, seven hundred and twenty dollars; the first assistant keeper, seven hundred and twenty dollars; the second, third, fourth, fifth, sixth, and seventh assistant keepers, each, six hundred and forty dollars; the clerk, six hundred dollars; the assistant clerk, six hundred dollars, and the matron four hundred and eighty dollars. Sec. 185, SUB-DIVISION SIXTн. Of judges of corporation courts.-The judge of the hustings and corporations courts the following sums respectAmendments ively, to be paid out of the treasury of their respective corporations: The 1891-2, p. 71. 1891-2, p. 578. judge of the hustings court of Richmond, the sum of two thousand three hundred dollars; the city judge of Norfolk, the sum of two thousand dollars; the city judge of Petersburg, the sum of one thousand eight hundred dollars; the city judge of Lynchburg, the sum of two thousand five hundred dollars; the city judge of Alexandria, the sum of fourteen hundred dollars; the city judge of Portsmouth, the sum of thirteen hundred dollars; the city judge of Fredericksburg and Danville, each, the sum of seven hundred dollars; the city judge of Winchester, the sum of five hundred dollars; the city judge of Manchester, a sum not less than eight hundred nor more than twelve hundred dollars; the city judge of Roanoke, a sum not less than seven hundred and fifty nor more than one thousand dollars; and the city judge of Staunton, a sum not less than seven hundred nor more than twelve hundred dollars, to be fixed by the councils of said cities, respectively provided, that when the same person shall be elected judge of a county and also a city or corporation court therein his aggregate salary shall not exceed the sum of thirteen hundred dollars. TITLE 9. GENERAL ASSEMBLY. CHAPTER XV. DUTIES AND PRIVILEGES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE OFFICERS THEREOF. Sec. 197. Civil proceedings for or against members and clerks dur- As Amended ing session. Any action, suit, or other civil proceedings, either in favor 1895-6, p. 113. of or against a member of the general assembly, the clerks thereof, and their assistants, may be commenced, but shall not, unless by his consent, be prosecuted to final judgment or decree during his attendance upon the general assembly; but his person shall not be taken into custody or imprisoned. Sec. 198. Privilege of members and clerks from arrest.—During his As Amended attendance upon the general assembly, and for one day before and after 1895-6, p. 113. the session for every twenty miles he must necessarily travel to or from his home, a member of the general assembly, the clerks thereof and their assistants, shall be privileged from being taken into custody or imprisoned under any process except as provided in the following section. TITLE 10. CERTAIN STATE OFFICERS AND BUILDINGS; THE STATE LIBRARIES AND CER- CHAPTER XVI. THE EXECUTIVE; WHO TO DISCHARGE EXECUTIVE FUNCTIONS IN CERTAIN 1897-8, p. 42. |