Chapter 6. GENERAL PROVISIONS RESPECTING OFFICERS.

§1. Members of Congress.—Every person elected or appointed a member of the United States senate or of the house of representatives in the congress of the United States shall take the oath of office prescribed by, and at the time and in the manner provided by, the laws of the United States of America, effective at the time of the election of such person.

§2. Members of the State Legislature.—Every person elected or appointed a member of the senate, or a member of the house of delegates, in the legislature of this State, shall, before entering upon the discharge of his duties, take and subscribe the oath or affirmation prescribed by, and in the manner specified in, section sixteen of article six of the Constitution of this State.(Const., art. 6, §16.)

§3. Other Officers.—Except as provided in sections one and two of this article, every person elected or appointed to any office in this State, before proceeding to exercise the authority or discharge the duties of such office, shall take the oath or affirmation prescribed in section five of article four of the Constitution of this State; but this section shall not be construed to require any executor, administrator, trustee, guardian, curator, committee, special commissioner, election officer, registration officer, or person authorized to celebrate the rites of matrimony, to take any oath other than that otherwise required of him by law.(Code 1849, c. 13, §§1, 2, 3, 4; Code 1860, c. 13, §§1, 2, 3, 4; Const. 1863, art. 3, §5; 1863, c. 2, §§1, 2,3, c. 106, §1; Code 1868, c. 9, §§1,2, 3; 1871, c. 9, §§1, 2, 3; Const. 1872, art. 4, §5; 1872-3, c. 7, §§1, 2, c. 8, §1, c. 42, §7, c. 120, §§1, 2; 1877, c. 11, §7; 1881, c. 4, §7; Code 1923, c. 9, §§1, 2, c. 10, §7.)

§4. Before Whom Taken.—Any oath of office may be taken in this State before any court of record or before any person having at the time authority to administer oaths. Any person residing out of this State, who shall be appointed to any office, agency or service to be performed out of this State, may take the oath required of him before any person authorized to administer oaths in the jurisdiction in which such person resides, or in which the duties of the office, agency or service are to be performed.(Code 1849, c. 13, §5; C Code 1860, c. 13, §5; 1863, c. 2, §4; Code 1868, c. 9, c §4; 1872-3, c. 120, §3; Code 1923, c. 9, §3.)

§5. When Taken.—The oaths required by section three of this article shall be taken after taken the person shall have been elected or appointed to the office, and before the date of the beginning of the term, if a regular term; but if to fill a vacancy, within ten days from the date of the election or appointment, and in any event before entering into or discharging any of the duties of the office.(1865, c. 14, §1; Code 1868, c. 9, §7, c. 10, §7; 1872-3, c. 120, §6; Code 1923, c. 9, §6.)

§6. Where Certificates of Oaths Filed.—Certificates of the oaths of all magisterial district and county officers, and judges of courts of limited jurisdiction within any county, shall be filed, recorded and preserved in the office of the clerk of the county court of the county. Certificates of the oaths of members of boards of education and school officers of any district or independent school district shall be filed, recorded and preserved in the office of the secretary of such board, and certified copies thereof filed and recorded in the office of the clerk of the county court of the county of such district. Certificates of the oaths of all municipal officers shall be filed, recorded and preserved in the office of the clerk or recorder of such municipality, or other officer created or acting in lieu of such clerk or recorder, and certified copies thereof filed and recorded in the office of the clerk of the county court of the county in which such municipality is situated. Certificates of the official oaths of the members of the state senate and house of delegates shall be filed and recorded as provided in section sixteen of article six of the Constitution of this State. Certificates of the oaths of all other officers shall be filed and preserved in the office of the secretary of state.

At any time after the expiration of the term of office for which the oath was taken, the original certificate or certified copy thereof, but not the record, may be destroyed, unless further preservation thereof shall be required by the order of some court, in which event the same may be destroyed when the preservation thereof is no longer required. It shall be the duty of every person who takes an oath of office to procure and file in the proper office the certified copies of his certificate of oath as provided in this section.(Code 1849, c. 13, §6; Code 1860, c. 13, §6; 1863, c. 2, §6; Code 1868, c. 9, §6; 1872-3, c. 7, §2, c. 8, §1, c. 120, §5; Code 1923, c. 9, §5.)

§7. Acting Before Taking Oath.—No person elected or appointed to any office, civil or military, shall enter into the office, exercise any of the authority or discharge any of the duties pertaining there to, or receive any compensation there for, before taking the oath of office: Provided, That this section shall not apply to members of the legislature of this State.(Code 1849, c. 13, §10; Code 1860, c. 13, §11; 1863, c. 2, §5; Code 1868, c. 9, §5; 1872-3, c. 120; Code 1923, c. 9, §4.)

§8. List of County Officers to be Furnished Secretary of State.—The clerk of the county court of each county, within thirty days after the qualification of officers chosen at each general election in his county, shall transmit to the secretary of state a certified list of all county officers, showing the name of the officer and the title of the office.(1866, c. 41, §1; Code 1868, c. 9, §8; 1872-3, c. 120, §7; Code 1923, c. 9, §7.)

§1. When to be Given.—Any person appointed or elected to any office or position in this State who is required by any statute to enter into or give bond, unless otherwise provided, shall give his official bond within sixty days after he has been appointed or duly declared elected; but if at the time of his appointment or election he shall be absent from the State, circuit, county or district for which he is appointed or chosen, he shall give such bond within sixty days after notice of his appointment or election. If no term of the court or other tribunal authorized to take and approve such bond shall be held within sixty days after the appointment or declaration of the election of an officer required by law to give bond and qualify before such court or tribunal, or after the person, if absent from the State, county or district, is notified of his appointment or election, he shall give bond at the first term of such court or other tribunal next thereafter held: Provided, That the state executive officers shall qualify on or before the fourth day of March next after they are elected: Provided further, That any person appointed or elected to fill a vacancy in any office shall give such bond within ten days after notice of such appointment or election, if the court or other tribunal authorized to take and approve such bond shall sit within said period; otherwise, at the first sitting of such court or other tribunal after notice of such appointment or election. No person shall enter into or discharge any of the duties of his office until he shall have given the bond required of him by law.(1863, c. 5, §7; 1865, c. 14, §1; Code 1868, c. 10, §§7, 8; 1872-3, c. 42, §7; 1877, c. 11, §7; 1881, c. 4, §§7, 8; Code 1923, c. 10, §§7, 8.)

§2. How Payable and Proved; Sureties.—Every official bond, and every bond required by law to be taken or approved by, or given before, any court, board or officer, shall, unless otherwise provided, be made payable to the State of West Virginia, and shall be signed by one or more sureties deemed sufficient by such court, board or officer, and be proved or acknowledged before, or approved by, such court, board or officer.(Code 1849, c. 13, §8, 1850-51, c. 48, §1; Code 1860, c. 13, §§8, 10; 1863, c. 5, §§1, 4; Code 1868, c. 10, §§1, 5; 1872-3, c. 42, §§1, 5; 1881, c. 4, §§1, 5; Code 1923, c. 10, §§1, 5.)

§3. Condition; Liability.—Unless otherwise specially provided, every bond required by any statute of this State of any person undertaking an office or employment shall be conditioned upon the faithful discharge by the principal of the duties of his office or employment, and upon accounting for and paying over, as required by law, all moneys which may come into his possession by virtue of the office or employment. The liability of the principal and his sureties upon such bond shall extend to all moneys received by the principal by virtue of his office or employment under the laws in effect at the time of the execution of the bond, and to all money which shall come into his possession by virtue of his office or employment under the provisions of any law enacted during his continuance in such office or employment.(Const. 1863, art. 7, §7; 1863, c. 5, §5; Code 1868, c. 10, §6; Const. 1872, art. 9, §5; 1872-3, c. 42, §6; 1881, c. 4, §6; Code 1923, c. 10, §6.)

§4. Failure to Give Bond; Penalty for Acting Without Giving Bond.—If any person elected or appointed to any office, or position, of whom an official bond is required, shall fail to give the bond within the time prescribed by law, the office or position shall be deemed vacant; and any person who shall enter into or discharge any of the duties pertaining to such office or position, before he shall have given the bond required by law, shall forfeit not less than fifty nor more than one thousand dollars.(Code 1860, c. 7, §24, c. 8, §24; 1865, c. 14, §2; Code 1868, c. 10, §§9, 10; 1872-3, c. 42, §§8, 9; 1881, c. 4, §§9,10; Code 1923, c. 10, §§9,10.)

§5. Of Officers Appointed to Fill Vacancies.—The bond of any officer appointed to fill a vacancy until the ensuing general election, or for the unexpired term, shall be in the same penalty and contain like conditions as the bond required by law of an officer for the regular or full term, and shall be given before and approved by the same person, court or body authorized to take and approve the bond of a person elected or appointed to such office for the full term.(1863, c. 100, §§44, 46; 1864, c. 34, §1; Code 1868, c. 4, §§3, 5, c. 10, §18; 1872-3, c. 177, §44; 1875, c. 66, §44; 1881, c. 10, §11; Code 1923, c. 4, §11.)

§6. Of State Officers.—The following officers shall give bonds to be approved by the governor, in the penalties hereinafter named: Secretary of state, twenty-five thousand dollars; auditor, fifty thousand dollars; treasurer, one million dollars; state superintendent of free schools, three thousand dollars; and commissioner of agriculture, five thousand dollars.(1863, c. 5, §13; Code 1868, c. 10, §12; 1872-3, c. 42, §11; 1881, c. 4, §12; 1913, c. 10, §21; 1919, c. 131, §§20, 21; Code 1923, c. 10, §12, c. 15P, §§20, 21; 1925, c. 9.)

§7. Approval of Form and Execution.—Every bond requiring the approval of the governor, the board of public works, the state board of control, or any other state officer, board or commission, shall be first submitted to the attorney general, and if he be of opinion that the bond is in proper form and regularly executed, he shall indorse thereon his approval of its sufficiency in form and manner of execution.(1863, c. 5, §14; Code 1868, c. 10, §11; 1871, c. 177, §11; 1872-3, c. 42, §10; 1881, c. 4, §11; Code 1923, c. 10, §11.)

§8. Of the Clerk of Supreme Court of Appeals.—The clerk of the supreme court of appeals shall give bond, to be approved by said court, in a penalty of not less than three thousand nor more than ten thousand dollars, as the court shall prescribe.(1863, c. 5, §9; Code 1868, c. 10, §13; 1872-3, c. 42, §12; 1881, c. 4, §13; Code 1923, c. 10, §13.)

§9. Where Bonds of State Officers Filed.—The bond of the clerk of the supreme court of appeals, and the bond of any state officer or employee that is required to be approved by the governor, the board of public works, the state board of control, or any other state officer, board or commission, except the bond of the secretary of state, shall be filed and recorded in the office of the secretary of state, and the bond of the secretary of state shall be filed and recorded in the office of the auditor and a certified copy thereof in the office of the secretary of state.(1863, c. 5, §15; Code 1868, c. 10, §§12, 15: 1872-3, c. 42, §§11, 14; 1881, c. 4, §§12, 15; Code 1923, c. 10, §§12, 15.)

§10. Of County Officers.—Every commissioner of a county court and every clerk of a circuit court shall give bond with good security, to be approved by the circuit court, or the judge thereof in vacation; and every sheriff, surveyor of lands, clerk of a county court, assessor, county superintendent of schools, notary public, justice of the peace and constable, shall give bond with good security, to be approved, unless otherwise provided by law, by the county court of the county in which such officer is to act. The penalty of the bond of each commissioner of a county court shall be ten thousand dollars; of the clerk of the circuit court, not less than three thousand nor more than twenty-five thousand dollars; of the sheriff, not less than forty thousand dollars nor more than the aggregate amount of all state, county, district, school, municipal and other moneys which will probably come into his hands during any one year of his term of office; of the surveyor of lands, not less than one thousand nor more than three thousand dollars; of the clerk of the county court, not less than three thousand nor more than ten thousand dollars; of the assessor, not less than two thousand nor more than five thousand dollars; of the county superintendent of schools, not less than one thousand nor more than three thousand dollars; of a notary public, not less than two hundred and fifty nor more than one thousand dollars; of a justice of the peace, and of a constable, not less than two thousand nor more than ten thousand dollars: Provided, however, That the bond herein required to be given by a notary public may be given before the clerk of the county court, in the vacation of said court, and approved by it at its next regular session.(1863, c. 5, §§8, 10, 11, 12, c. 28, §1, c. 122, §11; Code 1868, c. 10, §§14,16, c. 45, §51; 1872-3, c. 42, §13, c. 123, §§46, 54; 1877, c. 11, §13, c. 77, §46; 1879, c. 74, §54; 1881, c. 4, §14, c. 15, §§46, 53; 1891, c. 60, §46; 1893, c. 26, §46; 1901, c. 69, §53; 1907, c. 58, §53; 1908, c. 27, §§115, 137; 1919, c. 2, §§31, 185; 1921, c. 5, §31, c. 104, §14; Code 1923, c. 10, §14, c. 45, §§31, 185; 1927, c. 52.)

§11. Of Municipal Officers.—Every officer or employee of a municipality who handles public funds or property, and every other officer or employee of a municipality of whom it shall be required, shall, unless otherwise provided by law, give bond, with good security, to be approved by the council or other similar body of such municipality, and in such penalty as such council or other similar body shall prescribe, conditioned upon the faithful discharge of the duties of his office or employment and the faithful accounting for and paying over, as required by law, of any funds or property coming into his possession.

§12. Where Certain Bonds Filed and Recorded; How Payable.—Every official bond given before, or approved by, the county court or the clerk thereof, and every bond executed in any proceeding before said court, including fiduciary bonds, and the bond of the clerk of the circuit court, shall be filed in the office of the clerk of the county court, and be recorded in a book kept by him for the purpose, and labeled “Record of Bonds.’’ Every official bond given before, or approved by, the council or other similar body of any municipality, and every official bond given before, or approved by, any board of education of any magisterial district or independent district, shall be filed and preserved in the office of the recorder or clerk of such municipality, or in the office of the clerk or secretary of such board of education, as the case may be, and be recorded in the records of such council or other similar body of the municipality, or of such board of education, respectively, and a certified copy of every such bond shall, by such recorder, clerk or secretary, be forthwith made and filed in the office of the clerk of the county court of the county of such municipality or board of education, and said last mentioned clerk shall record such copy in the book to be kept by him as aforesaid. Every bond given before, or approved by, the circuit court, or the judge thereof in vacation, or the clerk of such court, and every bond filed in any civil suit or proceeding in any circuit court, and the bond of the clerk of the county court, shall be filed in the office of the clerk of the circuit court, and be recorded in a book kept by him for the purpose, and labeled “Record of Bonds.” Any bond required of the clerk of any criminal, intermediate or other inferior court, shall be filed in the office of the clerk of the county court, and be recorded as other bonds in said office, and every bond taken in any proceeding in such criminal, intermediate or inferior court, shall be filed and recorded in the office of the clerk of such criminal, intermediate or inferior court: Provided, however, That where the bond of the clerk of any court is herein required to be filed and recorded in the office of the clerk of some other court, the clerk of the court in whose office such bond is filed shall make and deliver to the clerk filing the same a certified copy of the bond so filed, which certified copy shall he filed and recorded in the office of the clerk giving such bond.(1863, c. 5, §§15, 18, c. 118, §4, c. 121, §1; Code 1868, c. 10, §§15, 16, 20; 1872-3, c. 42, §§14, 17; 1881, c. 4, §§15, 16, 19; Code 1923, c. 10, §§15, 16, 19.)

§13. Copies to be Sent to Auditor.—A copy of the official bond of every sheriff, assessor, clerk of the circuit court, clerk of the county court, or other tribunal established in lieu thereof, clerk of the supreme court of appeals, and notary public, shall be sent to the auditor by the officer in whose office the original is filed, within two months after the same is filed in his office. If the officer whose duty it is so to send any such copy fail to do so within the time specified, he shall forfeit fifty dollars.(1863, c. 5, §17; 1864, c. 2, §1; Code 1868, c. 10, §19; 1872-3, c. 42, §16; 1881, c. 4, §18; Code 1923, c. 10, §18.)

§14. New or Additional Bonds.—Any court, board, or officer authorized to approve any official bond may at any time require from any officer by whom any such bond may have been given, a new bond, or an additional bond to that already given, to be approved by such court, board or officer. If the officer so required to give a new bond, or to give such additional bond, shall, after being notified of the requirement, fail to comply therewith within the time prescribed, his office shall be deemed vacant, unless the time for giving such new or additional bond be extended or the requirement withdrawn.(1863, c. 5, §§19, 21; Code 1868, c. 10, §21; 1872-3, c. 42, §18; 1881, c. 4, §20; Code 1923, c. 10, §20.)

§15. How Surety Released From Liability.—When a surety in an official bond, or his personal representative, shall have reason to believe that he or the estate of his decedent is likely to suffer pecuniary loss, in consequence of such suretyship, he may file his petition before the court, board or officer by whom such bond was approved, to be released therefrom. The petition shall state the ground upon which his belief is founded, and shall be verified by his affidavit. Upon the filing of such petition and proof that a notice of the time and place of filing the same has been served upon the principal in such bond at least ten days before the filing thereof, in the manner prescribed by law for the serving of notices, such court, board or officer shall require a new bond to be given. And if any officer, being so required, fail to give a new bond within the time required, his office shall be deemed vacant, unless the time for giving such new bond be extended or the requirement withdrawn. And, except where otherwise provided, the surety in any bond, which is required to be approved by any court, board or officer, or the personal representative of any such surety, may be released from liability in like manner.(1863, c. 5, §20; Code 1868, c. 10, §22; 1872-3, c. 42, §19; 1881, c. 4, §21; 1905, c. 54, §21; Code 1923, c. 10, §21.)

§16. Effect of New or Additional Bond.—Where it is provided by any section of this article, or any other section of this Code, or shall be provided by any subsequent statute, that any new bond, or bonds 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 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 1849, c. 132, §12; Code 1860, c. 132, §12; 1863, c. 5, §21; Code 1868, c. 10, §§21, 23, c. 87, §11; 1872-3, c. 42, §§18, 20, c. 234, §12; 1881, c. 4, §§20, 22; 1882, c. 68, §11; Code 1923, c. 10, §22, c. 87, §11.)

§17. Suits on, in Name of State.—Upon any bond payable to the State of West Virginia, whether heretofore or hereafter taken, suits may be prosecuted from time to time in the name of the State, for the benefit of the State, or of any county, district, corporation or person injured by a breach of the condition of any such bond, until damages are recovered in the aggregate equal to the penalty thereof.(Code 1849, c. 13, §9; Code 1860, c. 13, §9; 1863, c. 5, §2; Code 1868, c. 10, §2; 1872-3, c. 42, §2; 1881, c. 4, §2; Code 1923, c. 10, §2.)

§18. Proceedings Must Show for Whose Benefit Prosecuted; Costs.—The proceedings in such suit must show for whose benefit it is prosecuted; and the party for whose benefit it is prosecuted shall be liable for costs if the judgment be for the defendant; and the court may, in its discretion, require security for costs from such party, according to the principles and usages of law.(1863, c. 5, §3; Code 1868, c. 10, §3; 1872-3, c. 42, §3; 1881, c. 4, §3; Code 1923, c. 10, §3.)

§19. When May be Required of Other Officers and Employees.—Any board, commission or officer who has authority by law to appoint to office, or to employ any person in behalf of the State, or to place any person in charge of any property belonging to the State, or to authorize such person to receive into his custody moneys, securities or property belonging to the State, and of whom a bond is not otherwise required by law, may require of such person a bond in such penalty as such board, commission or officer may prescribe, and conditioned and payable as official bonds.

§20. Premiums to be Allowed on Official Bonds.—Every officer or employee who is paid a salary, and who is required to give an official bond by virtue of the provisions of this article, and who furnishes a surety company bond, shall be reimbursed by the State, county, municipality, or board of education, as the case may be, the premium charged by the surety company for such bond not exceeding one dollar and fifty cents a thousand per annum.

§21. Bonds Taken for Persons in Custody.—No officer, by color of his office, shall take any obligation, otherwise than is directed by law, of or for any person in his custody. If he does the same shall be void.(Code 1849, c. 49, §27; Code 1860, c. 49, §26; Code 1868, c. 41, §12; 1881, c. 19, §12; Code 1923, c. 41, §12.)

§1. Appointment of Deputies.—The clerk of the supreme court of appeals, or of any circuit, criminal, common pleas, intermediate or county court, or of any tribunal established by law in lieu thereof, may, with the consent of the court, or such tribunal, duly entered of record, appoint any person or persons his deputy or deputies.

A sheriff, surveyor of lands, or assessor may, with the consent of the county court duly entered of record, appoint any person or persons his deputy or deputies.

A sheriff, when in the opinion of the judge of the circuit court the public interest requires it, may, with the assent of said court, duly entered of record, appoint any person or persons his deputy or deputies to perform any temporary service or duty.

Each deputy so appointed shall take the same oath of office required of his principal, and may, during his continuance in office, perform and discharge any of the official duties of his principal, and any default or misfeasance in office of the deputy shall constitute a breach of the conditions of the official bond of his principal.

No officer or deputy mentioned in this section shall perform any services or duties for any person, firm or corporation, except the duties required by law of such officer or deputy, or receive any compensation, directly or indirectly, for any official services, except the compensation payable to such officer or deputy for official dualities and services out of the public funds, to the amount and in the manner prescribed by law.[Code 1849, c. 49, §§16, 17, 18, c. 163, §11; Code 1860, c. 49, §§15, 16, 17, c. 163, §8; 1863, c. 14, §§1, 2, 3, c. 118, §13; 1864, c. 11, §1; Code 1868, c. 7, §11; 1872-3, c. 185, §11; 1882, c. 42, §11; 1885, c. 18, §11; 1895, c. 19, §1; 1913, c. 29, §11; Code 1923, c. 7, §§11, 12a(l).]

§2. Removal of Deputy.—Any deputy appointed pursuant to section one of this article, may, at any time, be removed from office by his principal, or by the court, or other tribunal in lieu thereof, by and with the consent of which he was appointed.[Code 1849, c. 49, §17, c. 163, §11; Code 1860, c. 49, §16, c. 163, §8; 1863, c. 14, §2; Code 1868, c. 7, §12; 1882, c. 42, §12; 1895, c. 19, §2; Code 1923, c. 7, §§12, 12a(2).]

§3. On Death of Principal Deputy to Act.—If any officer, having appointed a deputy or deputies, shall die during his term of office, his deputy or deputies in office at the time of his death shall continue to discharge the duties of the office in the name of the deceased principal, until his successor shall have been elected or appointed, and shall have qualified.

Any default or misfeasance in office of any deputy while so acting shall constitute a breach of the condition of the official bond of the principal, notwithstanding the death of the principal; but the personal representative of the deceased principal shall have the same right to remove any deputy from office and to appoint another that was possessed by the principal while living.

The sureties on the bond of any deceased principal, or any of them, may require a new or additional bond to be given by the personal representative of such deceased principal, in the same manner and with like effect as if such new or additional bond had been required to be given by such principal in his lifetime; and all the provisions of this chapter in relation to such new or additional bond shall be applicable to proceedings under this section.(Code 1849, c. 49, §18; Code 1860, c. 49, §17; 1863, c. 14, §3; Code 1868, c. 7, §13; 1882, c. 42, §§13, 14; Code 1923, c. 7, §§13,14.)

§4. Judgment Against Officer on Motion.—If any officer or his deputy shall make such return upon any order, warrant, or process issued by a court, or the judge or clerk thereof, as entitles any person to recover money from such officer by action, the court to which, or to the clerk’s office of which, such return is made, may, on a motion on behalf of such person, give judgment against such officer and his sureties, and against his and their personal representatives, for so much principal and interest as would, at the time such return ought to have been made, be recoverable by such action, with interest there on at the rate of not less than six nor more than fifteen per cent per annum (as the court may deem proper) from that time until payment. Where such return is by deputy, there may also be a like motion and judgment against such deputy and his sureties, and against his and their personal representatives.(Code 1849, c. 49, §40; Code I860, c. 49, §40; 1863, c. 81, §1; Code 1868, c. 41, §30; 1881, c. 19, §35; Code 1923, c. 41, §35.)

§5. Motion by Officer Against Deputy.—Where any deputy of a sheriff or collector shall commit any default or misconduct in office for which his principal, or the personal representative of such principal, is liable, for which a judgment or decree shall be rendered against either, such principal, or his personal representative, may, on motion, obtain a judgment against such deputy and his sureties, and their personal representatives, for the full amount for which such principal, or his personal representatives, may be so liable, or for which such judgment or decree may have been rendered. But no judgment shall be rendered by virtue of this section for money, for which any other judgment or decree has been previously rendered, against such deputy or his sureties or their personal representatives.(Code 1849, c. 49, §41; Code 1860, c. 49, §41; Code 1868, c. 41, §31; 1881, c. 19, §36; Code 1923, c. 41, §36.)

§6. Payment of Judgment; Remedies.—When any judgment or decree shall be obtained against a sheriff or collector, or his sureties, or their personal representatives, for or on account of the default or misconduct of any such deputy, and shall be paid in whole or in part by any defendant therein, he or his personal representative may, on motion, obtain a judgment or decree against such deputy and his sureties, and their personal representatives for the amount so paid, with interest thereon from the time of such payment, and five per cent damages on such amount.(Code 1849, c. 49, §42; Code 1860, c. 49, §42; Code 1868, c. 41, §32; 1881, c. 19, §37; Code 1923, c. 41, §37.)

§7. Jurisdiction of Motion.—Any motion, under either of the two preceding sections, may be made in the circuit court of the county in which the default or misconduct of the deputy occurred or was committed.(Code 1849, c. 49, §43; Code I860, c. 49, §43; Code 1868, c. 41, §33; 1881, c. 19, §38; Code 1923, c. 41, §38.)

§1. Senators; Representatives; and Presidential Electors.—The governor shall, whenever requested, give a certificate under his hand and the great seal of the State, to each person elected a senator or member of the house of representatives in the congress of the United States, or an elector of president and vice president of the United States, which certificates, respectively, shall be substantially in the following forms:

(1863, c. 100, §§38, 41; Code 1868, c. 7, §§17, 18; 1882, c. 42, §§17, 18; Code 1923, c. 7, §§17, 18.)

§2. United States Senator Appointed to Fill Vacancy.—When a vacancy shall occur in the representation of this State in the senate of the United States, and the same shall be filled by the governor by appointment under the provisions of chapter three, he shall, when requested, deliver to the person so appointed a certificate under his hand and the great seal of the State, which shall be substantially in the following form:

(1863, c. 100, §42; Code 1868, c. 7, §19; 1882, c. 42, §19; 1921, c. 101, §2; Code 1923, c. 7, §19.)

§3. Judges and Appointive Officers.—The credentials of the judges of the supreme court of appeals, the circuit, intermediate, criminal, common pleas, and other inferior courts, and of all persons appointed to office by the governor, shall consist of a certificate or commission issued by the governor under the great seal of the State, showing the election or appointment of such person to the office.(Const. 1863, art. 6, §§11, 16; 1863, c. 100, §36; Code 1868, c. 7, §20; Const. 1872, art. 8, §17; Const. 1872, as amended 1880, art. 8, §16; 1882, c. 42, §20; Code 1923, c. 7, §20.)

§4. County and District Officers and Deputies.—The credentials of any county or district officer shall consist of the certificate of the county court issued as a canvassing board under the provisions of article five, chapter three of this Code. The credentials of any deputy officer shall consist of the order of the court, or tribunal in lieu thereof, authorizing or assenting to the appointment of such deputy.(Const. 1863, art. 7, §7; Code 1868, c. 7, §16; Const. 1872, art. 9, §5; 1882, c. 42, §16; Code 1923, c. 7, §16.)

§1. Terms of Office.—The terms of officers, except when elected or appointed to fill vacancies, shall begin respectively as follows: That of the governor, secretary of state, state superintendent of free schools, treasurer, auditor, attorney general and commissioner of agriculture, on the fourth day of March next after their election; that of a member of the legislature on the first day of December next after his election; that of the judges of the supreme court of appeals, the judges of the several circuits, the judges of criminal, intermediate, common pleas, or other inferior courts, the county commissioners, prosecuting attorneys, surveyors of land, assessors, sheriffs, clerks of the circuit, criminal, common pleas, or other inferior courts, clerks of the county courts, justices of the peace and constables, on the first day of January next after their election; and that of county superintendents of schools and members of district boards of education, on the first day of July next after their election.

Whenever a person is elected or appointed to fill a vacancy, his term shall be as prescribed by chapter three of this Code.(Const. 1863, art. 5, §§1, 7, art. 10, §3; 1863, c. 46, §6, c. 100, §8; Code 1868, c. 7, §1; Const. 1872, art. 4, §7, art. 7, §1; same, as amended 1884, art. 4, §7; 1882, c. 42, §1; 1885, c. 6, §1; Code 1923, c. 7, §1.)

§2. Continuance Until Successor Qualified.—The term of every officer shall continue (unless the office be vacated by death, resignation, removal from office, or otherwise), until his successor is elected or appointed, and shall have qualified.(Const. 1863, art. 3, §6; Code 1868, c. 7, §2; Const. 1872, art. 4, §6; 1882, c. 42, §2; Code 1923, c. 7, §2.)

§3. Validity of Acts of Officers De Facto.—All judgments given and all acts done by any person, by authority or color of any office, or the deputation thereof, under the restored government of Virginia or of this State, before his removal therefrom, shall be valid, though it afterwards may have been or may be decided or adjudged that he was not lawfully elected or appointed, or was disqualified to hold the office, or that the same had been forfeited or vacated.(Code 1849, c. 12, §7; Code 1860, c. 12, §7; Code 1868, c. 7, §15; 1882, c. 42, §15; Code 1923, c. 7, §15.)

§4. Residence of Officers.—The governor, secretary of state, state superintendent of free schools, auditor, treasurer, attorney general and commissioner of agriculture, shall reside at the seat of government during their term of office, and keep there the public records, books and papers pertaining to their respective offices. Every judge of a circuit court shall, during his continuance in office, reside in the circuit for which he was chosen. Every county and district officer, except the prosecuting attorney, shall, during his continuance in office, reside in the county or district for which he was elected. And the removal by any such officer from the State, circuit, county or district for which he was elected or chosen shall vacate his office.(Const. 1863, art. 5, §§2, 6; 1863, c. 100, §48, c. 118, §1, c. 122, §5; Code 1868, c. 7. §3; Const. 1872, art. 7, §1, art. 8, §10, art. 9, §2; 1882, c. 42, §3; 1909, c. 48, §2a; Code 1923, c. 7, §3.)

§5. Disqualification by Conviction of Treason, Felony, or Bribery.—No person convicted of treason, felony, or bribery in any election, before any court in or out of this State, shall, while such conviction remains unreversed, be elected or appointed to any office under the laws of this State; and, if any person while holding such office, be so convicted, the office shall be thereby vacated.(Const. 1863, art. 3, §§1, 4; Code 1868, c. 7, §4; Const. 1872, art. 4, §§1, 4; 1882, c. 42, §4; Code 1923, c. 7, §4.)

§6. Disqualification by Sale or Farming of Office or Sharing of Emoluments.—If any person holding, or expecting to hold, any office under the laws of this State, shall sell the same, or let it to farm, or share with another person the emoluments of the office, either in whole or in part, or contract to do so, such person and the person who may buy or take to farm, or share in the emoluments, or contract to do so, shall be thereby disqualified from holding such office.(Code 1849, c. 12, §5; Code 1860, c. 12, §5; Code 1868, c. 7, §5; 1882, c. 42, §5; Code 1923, c. 7, §5.)

§7. Disqualification by Duelling.—Any citizen of this State who shall, either in or out of the State, fight a duel with deadly weapons, or send or accept a challenge so to do, or who shall act as a second, or knowingly aid or assist in such duel, shall ever thereafter be incapable of holding any office of honor, trust or profit in this State.(Code 1849, c. 12, §1; Code 1860, c. 12, §1; Const. 1863, art. 3, §11; Code 1868, c. 7, §6; Const. 1872, art. 4, §10; 1882, c. 42, §6; Code 1923, c. 7, §6.)

§8. Disqualification of Justice Who Accepts Office as Deputy Sheriff.—A justice of the peace who accepts the office of deputy sheriff and qualifies as such, or continues the duties of such office where he has already qualified, shall thereby vacate his office as a justice of the peace.(1872-3, c. 202, §1; Code 1923, c. 7, §6b.)

§9. Office Property to be Delivered to Successor.—All acts of the legislature, codes, forms, reports, blank books, dockets and other property of whatever kind furnished to any officer by authority of law, are declared to be the property of the office, and shall be delivered by the retiring officer to his successor within ten days after the latter shall have entered upon the duties of his office.(1866, c. 41, §3; 1867, c. 31, §1; Code 1868, c. 7, §22; 1882, c. 42, §22; Code 1923, c. 7, §22.)

§10. Procedure on Failure to Deliver Property to Successor; Penalty.—If the predecessor of any officer fail to comply with any of the requirements of the preceding section, it shall be the duty of such officer to notify the prosecuting attorney of the county of such failure, who shall forthwith proceed to recover the property, if it can be found, and to place the official bond of such delinquent party in suit, and there shall be a recovery on his official bond, of the value of all property not delivered as required by the preceding section or recovered, and, unless it appear that such failure was through no fault of the party complained of, a penalty of one hundred dollars, and the costs of the suit, in cluding an attorney’s fee of ten dollars. The penalty recovered in the suit on the bond shall be paid into the general school fund of the State.(1867, c. 31, §2; Code 1868, c. 7, §23; 1882, c. 42, §23; Code 1923, c. 7, §23.)

§1. Definitions.—The term “neglect of duty,” or the term “official misconduct,” as used in this article, shall include the willful waste of public funds by any officer or officers, or the appointment by him or them of an incompetent or disqualified person to any office or position and the retention of such person in office, or in the position to which he was appointed, after such incompetency or disqualification is made to appear, when it is in the power of such officer to remove such incompetent or disqualified, person. The term “incompetence,” as used in this article, shall include the wasting or misappropriation of public funds by any officer, habitual drunkenness, habitual addiction to the use of narcotic drugs, adultery, neglect of duty, or gross immorality, on the part of any officer. The term “incompetent person,” as used in this section, shall include any appointee or employee of any officer or officers, including county courts, municipal bodies or officers, and boards of education, who willfully wastes or misappropriates public funds, or who is guilty of habitual drunkenness, habitual addiction to the use of narcotic drugs, adultery, neglect of duty or gross immorality.(1919, c. 94, §7; Code 1923, c. 7, §7.)

§2. Incapacitated Judges; Members of the Legislature.—Any judge may be removed from office when incapable of discharging the duties of the office, in the manner prescribed in section seventeen of article eight of the Constitution of this State.

The senate or house of delegates may expel a member of the body in the manner prescribed in section twenty-five of article six of the Constitution.(Const. 1863, art. 4, §29, art. 6, §13; Const. 1872, art. 6, §25; art. 8, §18; same, as amended 1880, art. 8, §17.)

§3. Impeachment.—Any officer of the State or any judge may be impeached and removed from office for maladministration, corruption, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor, in the manner prescribed in section nine of article four of the Constitution of this State.(Const. 1863, art. 3, §10; Const. 1872, art. 4, §9.)

§4. Removal by Governor of Appointee.—Any person who has been, or may hereafter be appointed by the governor to any office or position of trust under the laws of this State, whether his tenure of office is fixed by law or not, may be removed by the governor at his will and pleasure. In removing such officer, appointee, or employee, it shall not be necessary for the governor to assign any cause for such removal.(Const. 1872, art. 7, §10; 1921, c. 94, §§1, 2; Code 1923, c. 7, §10.)

§5. Removal by Governor of State Elective Officer; Grounds.—Any state officer holding, any elective office (except the governor, any judge, or a member of the legislature of this State) may be removed from office, by the governor, in the manner provided in the following section: (a) when disqualified from holding the office under any provision of the Constitution of this State, or any law now in force, or which may hereafter be enacted, whether such disqualification arose before or after his induction into office; (b) for official misconduct, malfeasance in office, incompetence, neglect of duty, or gross immorality.(Code 1849, c. 18, §§7, 14; 1860, c. 18, §§10, 16; Const. 1863, art. 3, §6; Code 1868, c. 7, §§9, 10; Const. 1872, art. 4, §6, art. 7, §10; 1872-3, c. 121; 1882, c. 42, §§9, 10; 1916, c. 1, §10, c. 4, §9; Code 1923, c. 7, §§9, 10.)

§6. Procedure for Such Removal; Appeal.—The charges on which the removal of any officer mentioned in the preceding section is sought shall be reduced to writing and signed by a citizen or citizens of this State, and verified by the affidavit of one or more of the signers; or, in case the removal is sought of an officer entrusted by law with the collection, custody and expenditure of public moneys, because of any misapplication, misappropriation, or embezzlement of such moneys, the charges may be signed and verified as aforesaid, or be signed by the chief inspector and supervisor of public offices of the State. If, on examination of the charges by the governor, it shall appear that the officer should be removed, if the charges be true, he shall cause a summons thereupon to be issued containing a copy of the charges, requiring the officer named therein to appear and answer the same on the day and at a place named therein, and cause the same to be served upon such officer at least twenty days before the return day thereof, which summons may be served in the same manner as a summons commencing a civil suit. On the reurn day of the summons, at the place therein named, the governor shall proceed to hear proof of the charges made, and may adjourn the hearing from time to time and from place to place.

In all such hearings before the governor, the evidence of witnesses and the production of documentary evidence may be required at any designated place of hearing by the governor, at his own instance or at the instance of such officer against whom charges may have been brought as aforesaid; and in case of disobedience to a subpoena or other process of the governor, the governor, or such officer, against whom charges may have been brought as aforesaid, may invoke the aid of any circuit court in requiring the evidence and testimony of witnesses and the production of papers, books and documents, and such court, in case of a refusal to obey the subpoena issued to any person, shall issue an order requiring such person to appear before the governor and produce all books and papers, if deemed proper, and give evidence touching the matter in question. Any failure to obey such order of the court may be punished by such court as a contempt thereof. A claim that any such testimony or evidence may tend to incriminate the person giving the same shall not excuse such witness from testifying, but such witness shall never be prosecuted or suffer any penalty or forfeiture for any offense concerning which he is compelled to furnish information or testify. A written record shall be kept of all testimony and other proceedings before the governor.

At the close of the hearing, if the charges are sustained by satisfactory proof, the governor shall remove such officer from the discharge of the duties of his office, and place the records, papers and property pertaining to the office in the possession of some other officer for safe keeping. The order of removal shall become final at the expiration of thirty days from the date thereof, unless appealed from, as hereinafter provided. In the event an appeal is taken from the order of removal, it shall not become final until decided by the supreme court of appeals.

The vacancy in the office shall not be filled until the order of removal becomes final. The governor shall designate some person as deputy of the officer removed, who, in the name of his principal, shall exercise the duties of the office from the date of the order of removal until the suspension thereof, if suspended, and if the order be not suspended, until the same shall be affirmed or vacated; or, if no appeal be taken, until the order becomes final.

Any such officer against whom charges may have been brought as aforesaid, feeling aggrieved by his removal from office by the governor, may present his petition in writing to the supreme court of appeals, or to a judge thereof in vacation, within thirty days after such removal from office by the govener praying for the suspension, setting aside or vacating of such order of removal. The court, or the judge, shall fix a time for the hearing on the application, but such hearing shall not be held sooner than five days, unless by agreement of the parties, after the presentation of the petition. Notice of the time and place of such hearing shall be forthwith given to the governor, or, in case of his absence from the State or from his office, such notice may be given to him by leaving, or causing to be left, a copy thereof at his office in the state capitol. If the court, or the judge, after such hearing, be of the opinion that a suspending order should issue, the court in its, or the judge in his, discretion, may suspend such removal, and may require bond upon such conditions and in such penalty, and impose such terms and conditions upon the petitioner, as are just and reasonable; and the court, or the judge, shall fix a time for the final hearing on the application. The hearing of the matter shall take precedence over all other matters before the court, except contested elections of secretary of state, auditor, treasurer, attorney general, state superintendent of free schools, commissioner of agriculture, or of a judge of any court. For such final hearing, and before the day fixed therefor, the governor shall file with the clerk of the supreme court of appeals all papers, documents, testimony, evidence and records, or certified copies thereof, introduced or offered at the hearing resulting in such removal; and shall also file with said clerk a written statement of the cause, and his reasons for making such removal. After argument by counsel, the court shall decide the matter in controversy, both as to the law and evidence, as may seem to it to be just and right, and may affirm the order of removal, or may permanently suspend, set aside and vacate such removal and restore such officer to his office; and in case such removal be not suspended, set aside or vacated by the supreme court of appeals, the governor shall fill the vacancy caused by the removal of such officer.

The supreme court shall consider and decide the appeal upon the original papers and documents, without requiring the same to be printed, and shall enforce its findings by proper writ.

In any case in which the charges are signed and filed by the chief inspector and supervisor of public offices, the proceedings under this section shall be conducted and prosecuted by the attorney general of the State.(Code 1849, c. 18, §7; Code 1860, c. 18, §10; Code 1868, c. 7, §9; 1872-3, c. 121; 1882, c. 42, §9; 1916, c. 4; Code 1923, c. 7, §9.)

§7. Procedure for Removal of County, District and Municipal Officers.—Any person holding any county, magisterial district, independent school district, or municipal office, including the office of a member of a board of education, the term or tenure of which office is fixed by law, whether elected or appointed thereto, except a judge of a court of record, may be removed by the circuit court of the county wherein such officer or person resides, or the judge of such court in vacation, on any of the grounds, or for any of the causes, for which a state officer may be removed under section five of this article, or for any of the causes or on any of the grounds provided by any other statute. The charges may be preferred, in the case of any county officer, by the county court, or other tribunal in lieu thereof, any other officer of the county, or any five or more voters thereof; in the case of any magisterial district officer or independent school district officer, by the county court, sheriff, or prosecuting attorney of the county in which such district is located, any other officer of such district, or five or more voters thereof; and, in the case of any municipal officer, by the prosecuting attorney of the county where such municipality is located, any other officer of the municipality, or five or more voters thereof; or, in the case of any of the aforementioned officers or persons, where the removal is sought of an officer or person entrusted by law with the collection, custody and expenditure of public moneys, because of any misapplication, misappropriation, or embezzlement of such moneys, the charges may be preferred by the chief inspector and supervisor of public offices of the State.

The charges shall be reduced to writing and entered of record by the court, or the judge thereof in vacation, and a summons shall thereupon be issued by the clerk of such court containing a copy of the charges and requiring thie officer or person named therein to appear before the court or judge, at the courthouse of the county where such officer resides, and answer the charges on a day to be named therein, which summons shall be served in any manner by which a summons commencing a civil suit may be served, and at least five days before the return day thereof. The court, or the judge thereof in vacation, shall, without a jury, hear the charges and all evidence offered in support thereof, or in opposition thereto, and upon satisfactory proof of the charges shall remove any such officer or person from office, and place the records, papers, and property of his office in possession of some other officer or person for safe keeping, or in the possession of the person appointed, as hereinafter provided, to fill the office temporarily.

An appeal from an order of the circuit court, or judge thereof in vacation, removing or refusing to remove any person from office may be taken to the supreme court of appeals within the same time, in the same manner, and with the same right of suspension, and precedence, as in appeals from orders of the governor removing a state officer. From the date of any order of the circuit court, or judge thereof in vacation, removing an officer under this section, until the expiration of thirty days thereafter, and if an appeal be taken until the date of the suspension of such order if suspended, and if not suspended, until the final adjudication of the matter by the supreme court of appeals, the officer, court or body having power to fill a vacancy in such office may fill the same by a temporary appointment until a final decision of the matter, and when a final decision is made, shall fill the vacancy in the manner provided by law for such office.

In any case in which the charges are preferred by the chief inspector and supervisor of public offices, the county court or any county, district or municipal officer, the proceedings under this section shall be conducted and prosecuted by the prosecuting attorney of the county in which the officer proceeded against resides, and on any appeal from the order of the circuit court or judge thereof in any such case, the attorney general of the State shall represent the people.

The method herein provided for the removal of any officer shall be in addition to any other methods provided by law. When any municipal officer is proceeded against the solicitor for such municipality may assist in the prosecution of the charges.(1863, c. 78, §13, c. 89, §9, c. 118, §16; Code 1868, e. 7, §7; Const. 1872, art. 4, §§6, 8; 1872-3, c. 121, §2; 1882, c. 42, §7; 1895, c. 46, §7; 1897, c. 48, §7; 1901, c. 102, §7; 1919, c. 94, §7; Code 1923, c. 7, §7.)

§8. Appointive County, District or Municipal Officers.—The court, board, body or officer authorized by law to appoint any person to any county, magisterial district, independent school district, or municipal office, the term or tenure of which is not fixed by law, may remove any person appointed to any office by such court, board, body or officer, with or without cause, whenever such removal shall be deemed by it, them or him for the good of the public service, and the removal of any such person from office shall be final.

§9. Forfeiture of Office on Conviction of an Offense.—Any person holding any office, convicted in any court of any offense, the punishment or penalty for which, under any provision of the Constitution of the State, or any law now in effect, or which may hereafter become effective, entails a forfeiture of the office held by the person convicted, shall be removed from office by the judgment of the court, entered upon such conviction.(Const. 1872, art. 9, §4.)

§1. Salary and Allowances to State Officers to be Paid Monthly.—The salary and allowances of all state officers payable out of the state treasury shall be paid in equal monthly installments at the end of each month.(Code 1849, c. 14, §20; Code 1860, c. 14, §19; Code 1868, c. 11, §13; 1882, c. 87, §13; Code 1923, c. 11, §13.)

§2. Salaries of Certain State Officers.—The following officers shall receive from the State annual salaries at the rate hereinafter named:

The governor, or acting governor, ten thousand dollars;

A judge of the supreme court of appeals, ten thousand dollars;

The secretary of state, auditor, treasurer, superintendent of free schools, commissioner of agriculture, and attorney general, each, seven thousand dollars.(Code 1849, c. 14, §§1, 2, 4, 6, 9, 11; Code 1860, c. 14, §§1, 2, 4, 6, 9, 10; Const. 1863, art. 5, §§2, 7, art. 6, §11; 1863, c. 80, §1, c. 137, §34; Code 1868, c. 11, §1; Const. 1872, art. 7, §19, art. 8, §17; same, as amended 1880, art. 8, §16; same, as amended 1902, art. 14, §3; 1882, c. 87, §§1, 2; 1903, c. 23, §1; 1909, c. 35, §1, c. 48, §2a; 1913, c. 36, §1; 1919, c. 67; 1921, c. 92, §1; Code 1923, c. 11, §§1, 1a, 1b, 2; 1927, c. 46; 1929, c. 3.)

§3. Provision for Clerical Assistance, Stationery, Offices, Traveling Expenses, and Contingent Fund.—It shall be the duty of the state board of public works to ascertain and report to the legislature at each regular session the amount deemed necessary to provide each of the officers mentioned in section two of this article with sufficient clerical and office assistance, stationery and equipment for the proper discharge of the duties of the office, and, where offices are not furnished in the capitol building, with proper offices and light, heat and janitor’s services for the same; and where any such officer is required in the proper discharge of the duties of his office to travel or journey from place to place, the amount necessary to provide for such purpose; and, where the circumstances may warrant it, the amount necessary to provide for a contingent fund to cover stationery, blank books, blanks, advertising, printing, fuel, lights, postage, express charges, office supplies, furniture, and any other necessary article that may not be otherwise specially provided for.(Code 1849, c. 14, §§1, 2, 3, 4; Code 1860, c. 14, §§1, 2, 3, 4; 1867, c. 23, §3; Code 1868, c. 11, §§3, 4, 5; 1882, c. 87, §§3, 4, 5; Code 1923, c. 11, §§3, 4, 5.)

§4. Salaries of Circuit Court Judges.—Each of the judges of the circuit courts shall receive an annual salary of five thousand dollars, except in circuits having a population of more than forty thousand and less than sixty thousand, according to the United States census or the estimate of the United States bureau of census (as certified to the state auditor by the United States director or geographer of the census) last preceding the beginning of the calendar year in which such salary is payable, in which circuits the judges thereof shall each receive an annual salary of six thousand dollars; and except in circuits having a population of more than sixty thousand and less than eighty thousand, according to the United States census or said estimate last preceding the beginning of the year in which such salary is payable, in which circuits the judges thereof shall receive each an annual salary of six thousand five hundred dollars; and except in circuits having a population of more than eighty thousand and less than one hundred thousand, according to the United States census or said official estimate last preceding the beginning of the year in which such salary is payable, in which circuits the judges thereof shall receive each an annual salary of seven thousand dollars; and except in circuits having a population of more than one hundred thousand, according to the United States census or said official estimate last preceding the beginning of the year in which such salary is payable, in which circuits the judges thereof shall each receive an annual salary of seven thousand five hundred dollars. The salaries aforesaid shall be paid out of the state treasury.

The county court of any county in any of said circuits may pay the judge of such circuit additional compensation: Provided, That such salary and additional compensation shall not exceed seven thousand five hundred dollars, except in circuits of over one hundred thousand population, in which circuits the salary and additional compensation shall not exceed eight thousand dollars.(Const. 1863, art. 6, §11; Code 1868, c. 11, §1; Const. 1872, art. 8, §17; same, as amended 1880, art. 8, §16; same, as amended 1902, art. 14, §3; 1882, c. 87, §1; 1909, c. 30, §1; 1911, c. 53, §1; 1913, c. 55, §1; 1917, c. 104, §1; 1919, Ex. Sess., c. 3, §§1, 2; Code 1923, c. 11, §1c; 1925, c. 122, §1; 1927, c. 47; 1929, c. 52.)

§5. Mileage, Food and Lodging of Judges.—A judge of the supreme court of appeals and of a circuit court shall be entitled to an allowance for mileage at the rate of ten cents for each mile, to be computed according to the distance by the nearest practicable route, necessarily traveled from his place of residence, to the place of holding any term of court in a county other than that of his residence, and from such place to his residence; and a judge of the circuit court shall be reimbursed the actual amount expended by him for food and lodging while holding court in a county other than that in which he resides: Provided, That such expenditures shall not exceed five dollars a day. No judge of a circuit court shall be paid mileage and reimbursed for expenses for holding more than ten terms of court in any county in any one year, including regular, adjourned and special terms. The mileage and reimbursements provided for in this article shall be paid to any judge out of the state treasury, as and when the salary of such judge is payable.(Code 1849, c. 14, §§8, 21; Code 1860, c. 14, §§8, 20; Const. 1863, art. 6, §11; Code 1868, c. 11, §7; Const. 1872, art. 8, §17; same, as amended 1880, art. 8, §16; 1882, c. 87, §7; 1903, c. 23, §7; 1905, c. 85, §7; Code 1923, c. 11, §7.)

§6. Allowance to Circuit Judges for Stationery, Postage and Stenographic Work.—Each judge of the circuit court shall be reimbursed out of the state treasury for the actual amounts expended by him for the procurement of necessary stationery, the payment of postage, and the payment for stenographic work, necessary in the discharge of the duties of his office, not to exceed seventy-five dollars per month: Provided, That in the first judicial circuit each judge shall be allowed not to exceed one hundred and twenty-five dollars per month for such expenses. Such sums shall be paid monthly out of the state treasury, but not until the judge submits an itemized statement covering the same.(1921, c. 86, §§2, 3; Code 1923, c. 11, §1d; 1929, c. 53.)

§7. No Extra Compensation; Salaries Not to be Increased or Diminished During Term.—No extra compensation shall be granted or allowed to any public officer, agent, servant or contractor, after the services shall have been rendered, nor shall the salary of any public officer be increased or diminished during his term of office.(Const. 1863, art. 3, §9; Code 1868, c. 39, §66; 1870, c. 73, §66; Const. 1872, art. 6, §38; 1872-3, c. 10, §32, c. 51, §25; 1877, c. 50, §25; 1881, c. 5, §49, c. 24, §49, c. 25, §49; 1882, c. 125, §49; 1883, c. 47, §49; 1887, c. 72, §49; 1895, c. 30, §49; 1901, c. 36, §49; 1903, c. 24, §49; 1909, c. 32, §49; 1913, c. 32, §49; Code 1923, c. 39, §49.)

§1. Settlements for Public Funds.—Every public officer, whether state, county, magisterial district, independent school district, or municipal, who is authorized to receive, or who is charged with the collection, custody, or disbursement of, any public moneys, shall, within thirty days after the thirtieth day of June of each year, or within thirty days after the close of his term of office, whenever the same expires, make settlement of his accounts. For all moneys belonging to or for the use of the State, such settlement shall be made with the auditor of the State, and the entry thereof on the books of the auditor shall constitute a proper recordation of such settlement; for all moneys belonging to or for the use of any county, such settlement shall be with the county court or other tribunal created by law in lieu thereof; for all moneys belonging to or for the use of any magisterial district such settlement shall be with the county court or other tribunal created by law in lieu thereof; for all moneys belonging to or for the use of any magisterial school district or independent school district, such settlement shall be with the county court, or other tribunal created by law in lieu thereof, and with the board of education of such magisterial district or independent school district; for all moneys belonging to or for the use of any municipality, such settlement shall be with the council or other like body of such municipality, or with the board in charge thereof for the use of which the moneys are collected and disbursed in any municipality. Wherever the settlement is above required to be with the county court, or with any board of education, or with any municipal council or board, such settlement may be made by two commissioners of the county, one of whom shall have been appointed by the circuit court of the county, or judge thereof in vacation, and the other by such county court, or such board of education, or such municipal council or board.(Const. 1872, art. 6, §27; 1872-3, c. 198, §§1, 2; 1919, c. 57, §1; Code 1923, c. 10A, §§1, 2.)

§2. Contents of Settlement; Exceptions; Confirmation; Recording.—Every such settlement shall show the several items of receipts and disbursements and to whom and for what purpose any public moneys are paid. Every such settlement shall be subject to exceptions by the body with which the same is made, by the prosecuting attorney, by the chief inspector and supervisor of public offices, or by any taxpayer who was assessed for and paid in any of the funds being settled for, and such exceptions shall be heard and determined by the body before which the settlement is made. If any exception be sustained, the settlement shall be modified and reformed accordingly, and shall then be confirmed, and upon being so confirmed shall be deemed prima facie correct.(1872-3, c. 198, §3; Code 1923, c. 10A, §3.)

§3. Fine and Forfeiture for Failure to Make Settlement.—If any officer required by this article to make settlement of his accounts shall fail to do so within the time required, he shall forfeit all right to commission on any moneys collected and disbursed by him, or if paid a salary and not commission, shall forfeit one-half his salary, and shall moreover, in either case, be subject to a fine of not less than one hundred nor more than one thousand dollars, for the use of the school fund, which commission or salary, if already paid to such officer, and such fine, shall be recoverable by motion, upon ten days’ previous notice, in the circuit court of the county of such officer’s residence, of and from such officer and the sureties on his bond.(1872-3, c. 198, §4; Code 1923, c. 10A, §4.)

§4. Notice of Settlement to Chief Inspector and Supervisor of Public Offices.—Every officer who is required by law to settle his accounts shall, at least fifteen days before making such settlement, give, by registered mail, to the chief inspector and supervisor of public offices, notice of the time and place of such settlement, and the name of the court, officer, board, body or commission before or with whom the same is to be made.

§5. Sheriff as County Treasurer; Settlements ; Turning Over Money to Successor.—The sheriff shall be ex officio treasurer of his county and of the several districts, school districts and independent school districts thereof, and the word; or designation “sheriff” whenever used in this Code shall, unless the context otherwise requires, be held to include the sheriff as ex officio treasurer of the county and of the several districts, school districts and independent school districts thereof. Between the fifteenth and thirty-first days of December of the year in which a sheriff’s term of office expires, such sheriff shall make up a list of all uncollected taxes and shall make a complete settlement with the county court, or tribunal in lieu thereof, and the several boards of education in such county, in the manner provided by law for settlements required at the end of the fiscal year. The sheriff shall receive credit in such settlement for the amount of taxes, remaining unpaid, and such list of taxes remaining unpaid shall be turned over to his successor in office January first. It shall be the duty of such successor to collect such taxes and to make up a delinquent list as provided and required by law; also to make settlement at the end of the fiscal year with the county court, or tribunal in lieu thereof, and the several boards of education, in the manner provided by law. Every sheriff shall, on the first of January immediately following the expiration of his term of office, turn over to his successor all public moneys. Every sheriff who is appointed to fill a vacancy shall make such settlement with the county court, or tribunal in lieu thereof, and the several boards of education, immediately upon the qualification of his successor, and at such time turn over to such successor all public moneys.(1915, c. 83, §16; Code 1923, c. 137, §48.)

§6. Reports and Settlements of Sheriff.—The sheriff shall from time to time make to the county court of his county, or other tribunal in lieu thereof, such reports as such court or tribunal may direct, respecting his receipts and disbursements, and the state of the county treasury; or any other matter committed to his charge, or pertaining to the finances of the county. But at the end of the fiscal year he shall render to such court or tribunal, whether especially requested or not, a full statement of his account for that fiscal a year, showing the balance due by or to him at the commencement of the account, the amount of money collected by him during the year, and from what sources, and the date and amount of every a county order paid, and to whom it was paid, together with such other particulars, if any, as such court or tribunal may specially require. If the court, or tribunal, upon an examination of such report, find the account to be correctly stated therein, it shall approve the same and cause it to be entered in full in a proper record book to be kept for the purpose in the office of the clerk of the county court. But if such account be found incorrect, the court or tribunal shall make a restatement thereof, correcting the errors and omissions in the account as stated by the sheriff, which corrected account shall be entered in full on such record book. And in either event the court or tribunal shall cause the county orders listed in such statement to be cancelled in some way not easily obliterated, but not so as to render them illegible; and the same shall then be filed and preserved in the office of the clerk of the county court. A certified copy of the entry in such record book shall be delivered by the clerk of the county court to the sheriff, which copy shall operate as a receipt to such sheriff for the county orders named in such account and cancelled as aforesaid. Before the making of any such settlement as aforesaid, the sheriff shall return and file a written statement of every draft, order and claim paid by him, for which he claims a credit, and of the true amount actually and in good faith paid by him thereon, together with the drafts and orders upon which such payments were made, and shall append to such statement his affidavit that the same is true; and, until he does so, no credit shall be allowed him for any such payment. If such affidavit be falsely made the sheriff making the same shall be guilty of neglect of official duly, and, on conviction thereof, his office shall become vacant and he shall be punished by a fine of not less than one hundred nor more than one thousand dollars, or by imprisonment in the county jail for not less than one month nor more than one year, or by both such fine and imprisonment.(Code 1849, c. 53, §16; Code 1860, c. 53, §18; 1863, c. 88, §8; Code 1868, c. 39, §52; 1872-3, c. 114, §52; 1881, c. 5, §34; Code 1923, c. 39, §34.)

§7. Settlements by Sheriff for School Funds.—The county court of each county shall appoint a time immediately following the first day of July in each year, and in any event within thirty days thereafter, and within thirty days following the expiration of the term of office of any sheriff, for the settlement of the school funds of each district and independent district of the county. At the time so fixed for any district the school board of that district and the county financial secretary of school affairs shall meet with the county court. The sheriff of the county shall attend such meeting and lay before the county court and such board of education his account of school funds for such district, which account shall be then and there settled. The county court shall give at least five days’ notice of the time fixed for the settlement of the school funds of any district to the board of education of such district, to the county financial secretary of school affairs, and to the sheriff.

§8. Same; With What Sheriff to be Charged.—In his settlement of school funds the sheriff shall be charged with the amount of taxes and of general school fund apportioned to each district or independent district by the county superintendent of schools and the amount of taxes levied by the board of education upon the property of each district or independent district for the teachers’ fund, for the building fund, and for all other school funds, and for any other money received by him during the current year on account of the free schools of such district or independent district.(Const. 1872, art. 12, §7; 1872-3, c. 123, §46; 1877, c. 77, §46; 1881, c. 15, §46; 1891, c. 60, §46; 1893, c. 26, §46; 1908, c. 27, §139; 1913, c. 62, §139; 1919, c. 2, §187; Code 1923, c. 45, §187.)

§9. Same; With What Sheriff to be Credited.—The sheriff shall be credited in such settlements with the amount of delinquent school tax in such district or independent district that has been duly certified by the clerk of the county court to such board of education; and with all orders paid and produced by him, if found to be correct by the board of education. He shall receive no other credits. If any sheriff shall pay in any one year orders chargeable to any teachers’ fund, or to any building fund, or to any other fund, the aggregate of which orders on any particular fund shall exceed the total amount that shall have been levied and could have been collected by him for any such fund during such year, plus the amount remaining in his hands from any preceding year to the credit of such fund, he shall in such settlement receive no credit for such excess.(1872-3, c. 123, §46; 1877, c. 77, §46; 1881, c. 15, §46; 1891, c. 60, §46; 1893, c. 26, §46; 1908, c. 27, §§139, 140; 1913, c. 62, §§139, 140; 1919, c. 2, §§187, 188; Code 1923, c. 45, §§187, 188.)

§10. Same; Method of Such Settlement.—In making such settlement it shall be the duty of the sheriff to prepare and present to the board of education, in duplicate, separate lists of all the credits claimed by him against each of the several school funds collected by him, showing the amount, date and number of each voucher or order, and to whom payable, together with statements of the proper debits to the several funds to which he is chargeable; which lists and statements, together with the vouchers claimed as credits by the sheriff, shall, if found correct by such board, be indorsed by the secretary of the board on the back of each with the words “Settled by board of education,” under which the secretary shall sign his name and enter the date of the settlement, and such statements and lists, after being corrected, if corrections are necessary, shall be signed by the sheriff and by the president and secretary of the board of education in duplicate, one copy to be retained by such board, and the other, together with the vouchers and orders, shall be turned over to the county court. Exceptions may be taken to such settlement as provided in section two of this article, which exceptions shall be heard and decided by the county court. If the county court finds the settlement to be correct, or after it has corrected the same, it shall be confirmed and made a matter of record by the clerk of the county court in a book kept for that purpose.(1872-3, c. 123, §§46, 52; 1877, c. 77, §§46, 52; 1879, c. 74, §52; 1881, c. 15, §§46, 52; 1891, c. 30, §52, c. 60, §46; 1893, c. 26, §46; 1908, c. 27, §§141, 142, 143; 1913, c. 62, §§141, 142, 143; 1919, c. 2, §§189,190,191; Code 1923, c. 45, §§189, 190, 191.)

§11. Same; Failure to Account for Money.—If any sheriff shall fail to account for and pay over as required by law any school funds which may come into his hands, or for which he is liable, judgment may be rendered therefor against him and his sureties with interest and ten per cent damages.(1872-3, c. 123, §46; 1877, c. 77, §46; 1881, c. 15, §46; 1891, c. 60, §46; 1893, c. 26, §46; 1908, c. 27, §145; 1919, c. 2, §192; Code 1923, c. 45, §192.)

§12. Same; Failure of Sheriff to Make Settlement; Payment of Balance to Successor.—If any sheriff fails to make the settlement required by section seven of this article at the time required, without reasonable cause therefor, he shall be charged in such settlement with twelve per cent interest on all school money in his hands for the time he is in default in making the settlement. If the sheriff fails to make the settlement at the time required, it shall be the duty of the prosecuting attorney to proceed by action against him and his sureties in the circuit court to recover the penalties imposed upon him by this section and by section three of this article.

Every retiring sheriff shall immediately after he shall have made his final settlement in the manner herein provided, pay and turn over to his successor in office such balance as may be shown to be due from him by such settlement.(1877, c. 77, §52; 1879, c. 74, §52; 1881, c. 15, §52; 1891, c. 30, §52; 1908, c. 27, §§146, 147, 149; 1913, c. 62, §§146, 147, 149; 1919, c. 2, §193; Code 1923, c. 45, §193.)

§1. Chief Inspector and Supervisor.—The state tax commissioner shall be ex officio the chief inspector and supervisor of public offices, and as such officer (hereafter called the chief inspector) he shall have the power and authority and perform the duties hereafter set forth. He shall have such assistants and clerical help and allowances as may be necessary to enable him to carry out the purposes of this article.(1908, c. 33, §1; Code 1923, c. 10B, §1.)

§2. How and by Whom System of Accounting Prescribed.—The chief inspector shall formulate, prescribe and install a system of accounting and reporting in conformity with the provisions of this article, which shall be uniform for all public offices (including district offices and justices of the peace), and for all public accounts of the same class, and which shall exhibit true accounts and detailed statements of all public funds collected, received and expended for any purpose whatever by all public officers, employees or other persons. Such accounts shall show the receipt, use and disposition of all public property, and the income (if any) derived therefrom, and of all sources of public income, and the amounts due and received from each source, all receipts, vouchers and other documents kept or that may be required to be kept and necessary to identify and prove the validity of every transaction, and all statements and reports made or required to be made for the internal administration of the office to which they pertain, and all reports published or that may be required to be published for the information of the people regarding any and all details of the financial administration of public affairs. The system of accounting prescribed and formulated by the chief inspector and any changes made therein from time to time shall, before becoming operative, be approved by the board of public works.(1908, c. 33, §2; Code 1923, c. 10B, §2.)

§3. Separate Accounts for Different Appropriations.—Separate accounts shall be kept for every appropriation or fund made or levied by a taxing body, showing the date and manner of each payment made out of the funds provided by such appropriation or levy, the name, address and vocation of each person, organization, corporation or association to whom paid, and for what purpose paid. Separate accounts shall be kept for each department, public improvement, undertaking, institution and public service industry under the jurisdiction of every taxing body and of the State; and all service rendered by or property transferred from one department, public improvement, undertaking, institution or public service industry to another shall be paid for at its true and full value by the department, public improvement, undertaking, institution or public service industry receiving the same; and no department, public improvement, undertaking, institution or public service industry shall benefit in any financial manner whatever by an appropriation or fund made for the support of another department, public improvement, undertaking, institution or public service industry. All unexpended balances or appropriations shall be transferred to the credit of the fund from which originally appropriated or levied whenever the account with an appropriation is closed.(1908, c. 33, §3; Code 1923, c. 10B, §3.)

§4. Separate Accounts for Each Public Service Industry.—Separate accounts shall be kept for every public service industry, which shall show the true and entire cost of the ownership and operation thereof, the amount collected annually by general or special taxation for services rendered to the public and the amount and character of the service rendered therefor, and the amount collected annually from private users (if any) for service rendered to them, and the amount and character of the service rendered therefor.(1908, c. 33, §4; Code 1923, c. 10B, §4.)

§5. Reports to and by Chief Inspector.—The chief inspector shall require from every taxing body and public institution financial reports covering a full period of each fiscal year, in accordance with the forms and methods prescribed by him, which shall be uniform for all accounts of the same class. Such reports shall contain an accurate statement in summarized form of all collections made by or receipts received by the officers from all sources, all accounts due the public but not collected, and of all expenditures for every purpose, and by what authority authorized, and also: (a) A statement of all costs of ownership and operation and of all income of each and every public service industry owned and operated by a municipality; (b) a statement of the entire public debt of every taxing body to which power has been delegated by the State to create a public debt, showing the purpose for which each item of the debt was created, the provisions made for the payment of the debt, together with such other information as may be required by the chief inspector. Such reports shall be certified as to their correctness by the chief inspector or by his assistant appointed by him for the purpose. Their substance shall be published in a biennial volume of comparative statistics that shall be issued for each class of accounts at the expense of the State as a public document, and shall he submitted by the chief inspector to the governor for transmittal to the legislature.(1908, c. 33, §5; Code 1923, c. 10B, §5.)

§6. Accounts and Reports by Public Officers.—All state officers, departments, boards and commissions shall keep their financial accounts in records and forms approved or prescribed by the chief inspector of public offices and shall furnish promptly to the chief inspector of public offices such information and reports as may be requested. Refusal or neglect to comply with the requirements of this section shall subject the person offending to removal from office. All state officers, departments, boards and commissions now required to include in their biennial report an itemized statement of receipts and disbursements of public funds shall eliminate the same from such report. In case a public officer or employee collects or receives funds for the account of a taxing body of which he is not an officer or employee, he shall, during the Saturday of each week, pay to the proper officer of the taxing body for whose account the collection was made or payment was received, the full amount collected or received during the current week for the account of such taxing body.(1908, c. 33, §6; 1915, c. 40, §§2, 3; Code 1923, c. 10B, §6.)

§7. Examination Into Affairs of Public Officers.—The chief inspector shall have power by himself, or by any person appointed by him to perform the service, to examine into all financial affairs of every public office and shall make such an examination at least once a year, if practicable. On every such examination inquiry shall be made as to the financial conditions and resources of the taxing body having jurisdiction over the appropriations and levies disbursed by the office, whether the requirements of the Constitution and statutory laws of the State and the ordinances and orders of the taxing body have been properly complied with, and also inquiry into the methods and accuracy of the accounts, and as to such other matters as the chief inspector may prescribe. He or any of his assistants shall have power and may exercise all the authority to issue subpoenas and compulsory process, and to direct the service thereof by any constable or sheriff, to compel the attendance of witnesses and the production of books and papers before him at any designated time and place, selected in their respective county, and to administer oaths. If any person shall refuse to appear before said chief inspector or his assistants when required so to do, or shall refuse to testify in regard to any matter or refuse to produce any books or papers in his possession or under his control, he shall be guilty of a misdemeanor, and, upon conviction thereof shall be fined not more than one hundred dollars and imprisoned not more than six months. Willful false swearing in such examinations shall be punishable as such. A report of each examination shall be made in duplicate, one copy to be filed in the office of the state tax commissioner and one in the auditing department of the taxing body. If any such examination discloses misfeasance, malfeasance or nonfeasance in office on the part of any public officer or employee, a certified copy of the report shall be filed with the proper legal authority of the taxing body for such legal action as is proper in the premises. Refusal, neglect or failure on the part of the proper legal authority of the taxing body to take prompt and efficient legal action to carry into effect the findings of any such examination, or to prosecute the same to a final conclusion, shall give to the chief inspector the right to institute the necessary proceedings, or to participate therein, and to prosecute the same in any of the courts of the State, to a final conclusion.(1908, c. 33, §7; Code 1923, c. 10B, §7.)

§8. Cost of Services of Chief Inspector.—The cost of any service or act performed by the chief inspector under the provisions of this article as to any county or district office, officer or institution shall be paid by the county court of the county; the cost thereof as to any board of education shall be paid by such board; and the cost thereof as to any municipal corporation shall be paid by the authorities thereof. But no per diem compensation shall be allowed to the chief inspector or his deputy for his services under the provisions of this article. The chief inspector shall render to the tribunal liable for such cost a statement thereof as soon after the same was incurred as practicable, and it shall be the duty of such tribunal to allow the same and cause it to be paid in the manner that other claims and accounts are allowed and paid by it. All money received by the chief inspector from this or any other source shall be paid into the state treasury, and shall be expended only when, and for the purpose for which, the same shall be appropriated in the manner provided by the Constitution and laws of the State. The cost of any examination, service or act by the chief inspector made necessary, or such part thereof as was made necessary, by the willful fault of any officer or employee, shall be recovered by the chief inspector from such person, on motion on ten days’ notice in any court having jurisdiction.(1908, c. 33, §8; Code 1923, c. 10B, §8.)

§9. Deputies of Chief Inspector.—Any duty or act required by this article to be performed by the chief inspector may be performed with like effect by any deputy or assistant appointed by the chief inspector.(1908, c. 33, §9; Code 1923, c. 10B, §9.)

§10. Annual Report of Chief Inspector.—The chief inspector of public offices shall at the end of each fiscal year cause to be compiled and printed in pamphlet or book form a report of the financial transactions of the State covering all state departments, officers and boards. Such report shall show, among other things, all sources of revenue and all purposes for which money is expended, and shall be submitted to the governor for transmittal to the legislature.(1915, c. 40, §1; Code 1923, c. 10B, §10.)

§11. Audit of Accounts of State Tax Commissioner.—The auditor of the State shall, annually, and within ninety days after the close of each fiscal year, make a complete audit and inspection of the accounts and transactions of the state tax commissioner, and shall make and deliver to the governor of the State a detailed report of such audit and inspection which shall contain all information, with respect to the accounts and affairs of said officer, required to be shown by reports of an audit or inspection made by the state tax commissioner of the accounts of any other officer.