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BONDS TO BE PREPARED BY CLERKS.

By the 14th section of chapter 159 of the Code of 1873, every clerk is required to prepare, in a proper manner, any bond to be taken by or given before him or his court.

See also, ?? 7, 8, ch. 12 of the Code of 1873, and 2 6, same chapter as amended by act February 2, 1875.-See Acts 1874-5, p. 53.

CLERKS' BONDS.

By the seventh section of chapter 159 of the Code of 1873, each clerk shall, within two months after the execution of his bond as such clerk, transmit a copy thereof to the auditor of public accounts. For a failure the clerk forfeits not less than one hundred dollars nor more than five hundred dollars. The penalty of a clerk's bond is regulated by the court whereof he is clerk, with the limitation that it shall not be less than three thousand dollars nor more than ten thousand dollars. The original bond of a county court clerk is to be filed with the clerk of a circuit court of the same county, and the original bond of the circuit court clerk with the clerk of the county court of such county. See also, ¿? 7, 8, ch. 12, Code of 1873.

FORM OF CLERK'S BOND AND ORDER OF COURT.

KNOW ALL MEN BY THESE PRESENTS, That we,

and

are held and firmly bound unto the commonwealth of Virginia in the just and full sum of ten thousand dollars; to which payment well and truly to be made to the said commonwealth, we bind ourselves, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents, and we hereby waive the homestead exemption as to the obligation of this bond. Sealed with our seals, and dated this day of

day of

in the year 18—.

The condition of the above obligation is such, That whereas the above bound was, on the in the year 18-, duly elected clerk of the county court (or circuit court of the county of as the case may be,) by the qualified voters thereof, to serve as such for the term of six years, commencing on the day of 18, and after the said term of office shall have expired, until his successor is qualified to enter upon the discharge of the duties of said office.

Now, if the said

shall faithfully discharge the duties of his said

office according to law, then the above obligation to be void, otherwise to remain in full force and virtue.

[SEAL.]

[SEAL.]

[SEAL.]

the

Virginia: At a county (or circuit) court held in and for the county of day of ——, in the year 18—,

who was, on the - day of

on

in the year 18—, duly elected clerk of the county court (or circuit court) of said county, to serve as such for the term of six years, commencing on the

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day of

18—, and afterwards until his successor is qualified to enter upon the discharge of the duties thereof, this day appeared in court, and together with and his sureties, who were duly qualified as to their sufficiency, entered into and acknowledged a bond in the penalty of ten thousand dollars, conditioned for the faithful execution of the duties of his office. Which bond is ordered to be recorded by the clerk of this court, who is also directed to transmit a copy of said bond and a copy of this order to the auditor of public accounts, and to deliver the original bond to the clerk of the circuit (or county) court of said county. And thereupon the said took the several oaths required by law.

TREASURER'S BOND.

The county treasurer shall, at the time of his qualification, enter into bond, with surety, to be approved by the court or judge before whom he qualifies, in a penalty to be determined by said court or judge; but not less in any case, than double the amount to be received annually by such treasurer; which bond shall conform to the requirements and be subject to the provisions of section six of chapter twelve of the Code of 1873; a copy of which said bond shall be certified by the clerk to the auditor of public accounts. [See ante p. 186.]

AN ACT

TO PROVIDE FOR AN INSPECTION OF THE OFFICIAL BONDS OF COUNTY AND CITY TREASURERS.

Approved March 14, 1878.

1. Be it enacted by the general assembly of Virginia, That it shall be the duty of the judge of the county court of each county, and of the judge of the hustings or corporation court of each city in this commonwealth, within sixty days from the passage of this act, and every six months thereafter, to enter, during a term of said court, an order requiring the treasurer of such county or city, to submit to a commissioner in chancery of the circuit court of such county or city, to be designated in such order, his official bond, with the names of his sureties thereon, to be examined and inspected by said commissioner, as to the sufficiency thereof.

2. It shall be the duty of such commissioner in chancery to report to said county, hustings, or corporation court, at the next term thereof after the entering of such order as to the sufficiency of the sureties on said official bond; and if he report the same to be insolvent or insufficient, the said court shall enter an order requiring said treasurer to execute a new bond, with good and sufficient security, within thirty days after the entering of such order; the said bond to be executed before the judge of such court, either in term time or vacation; and on the failure of such treasurer to execute such bond as herein required within the time herein prescribed, his said office shall be declared vacant by said court. All fees due to said commissioners shall be paid by the county or city treasurer out of the county or city funds.

3. This act shall be in force from its passage.

FORM OF TREASURER'S BOND AND ORDER OF COURT.

KNOW ALL MEN BY THESE PRESENTS, That we,

and

are

held and firmly bound unto the commonwealth of Virginia, in the just and full sum of thirty (or ———) thousand dollars; to which payment, well and truly to be made to the said commonwealth, we bind ourselves, our and each of our heirs, executors, and administrators, jointly and severally, firmly by these presents, and we hereby waive the homestead exemption as to the obligation of this bond.

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The condition of the above obligation is such, That whereas the above bound

was, on the

day of

qualified voters of the county of

in the year 18-, duly elected by the treasurer thereof, to serve as such for

the term of three years, commencing on the first day of January, 18—, and after the said term of office shall have expired, until his successor is qualified to enter upon the discharge of the duties of said office.

Now, if the said

shall faithfully discharge the duties of his

said office according to law, then the above obligation to be void, otherwise to remain in full force and virtue.

[SEAL.]

[SEAL.] [SEAL.]

of

Virginia: At a county court held in and for the county of---- in the year 18-,

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day of —, in the year

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who was, on the
to serve as such for the term

18-, duly elected treasurer of the county of

of three years, commencing on the first day of January, 18—, and afterwards until his successor is qualified to enter upon the discharge of the duties thereof, this day appeared in court, and together with and -, his sureties, who were duly qualified as to their sufficiency, entered into and acknowledged a bond in the penalty of thirty (or - -—) thousand dollars, conditioned for the

faithful execution of the duties of his office. Which bond is ordered to be recorded by the clerk of this court, who is also directed to transmit a copy of said bond and a copy of this order to the auditor of public accounts. And thereupon the said took the several oaths required by law.

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BONDS OF COMMISSIONERS OF THE REVENUE.

By the second section of the act prescribing general provisions in relation to commissioners of the revenue and the assessment of taxes on persons, property, income, &c., page 5, each commissioner, before the first day of July next after his election, and before he enters upon the duties of his office, before the court of the county or corporation in which he was elected, is required to give bond with sufficient security, in the penalty of three thousand dollars. By the fourth section of said act, the clerk of such court, within ten days after such bond is given, is to transmit a copy thereof, together with a copy of the order of court showing the qualification of said commissioner and acknowledgment of said bond, to the auditor of public accounts. For a failure herein a clerk forfeits not less than fifty nor more than one hundred dollars.

FORM OF COMMISSIONER'S BOND AND ORDER OF COURT.

and

KNOW ALL MEN BY THESE PRESENTS, That we, are held and firmly bound unto the commonwealth of Virginia in the just and full sum of three thousand dollars; to which payment, well and truly to be made to the said commonwealth, we bind ourselves, our and each of our heirs, executors, and administrators, jointly and severally, firmly by these presents, and we hereby waive the homestead exemption as to the obligation of this bond.

Sealed with our seals, and dated this

day of

in the year 18—.

The condition of the above obligation is such, That whereas the above bound

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county,*

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district, to serve as such for the term of four years, commencing on the first day of July, 18-, and after the said term of office shall have expired, until his successor is qualified to enter upon the discharge of the du ties of said office.

*Each district should be designated by name, and not by other local descriptions, unintelligible at the auditor's office, and greatly impeding communications indispensably necessary in the transmission of the requisite number of forms, size of books, and other matter. The propriety of designating districts by name, as above indicated, is respectfully suggested.

Now, if the said

shall faithfully discharge the duties of his

said office according to law, then the above obligation to be void, otherwise to remain in full force and virtue.

[SEAL.]

[SEAL.]

[SEAL.]

on the day day of in the 9 district, in the county of

year

Virginia: At a county court held in and for the county of

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to serve as such for the term of four years, commencing on the first day of July, 18—, and afterwards until his successor is qualified to enter upon the discharge of the duties thereof, this day appeared in court, and together with and his sureties, who were duly qualified as to their sufficiency, entered into and acknowledged in open court a bond in the penalty of three thousand dollars, conditioned for the faithful execution of the duties of his office. Which bond is ordered to be recorded by the clerk of this court, who is also directed to transmit a copy of said bond and a copy of this order to the auditor of public accounts. And thereupon the said took the several oaths required by law.

BONDS OF NOTARIES PUBLIC.

Section 1 of chapter 116 of the Code of 1873, requires the clerk of the court in which the bond of a notary public is taken, to transmit a copy thereof to the secretary of the commonwealth immediately after it is taken by such court. This bond is to be in such penalty as the court may prescribe, so that it be not less than five hundred dollars.

CORONER'S BOND.

By section 23, chapter 49 of the Code of 1873, it is provided that before a coroner shall receive any money, or serve any execution, the court of his county or corporation shall take from him a bond in such penalty as it may deem sufficient. A copy of this bond, and a copy of any bond taken of a collector of taxes, levies, militia fines or officers' fees, appointed under chapter 49 of the Code of 1873, is to be transmitted to the auditor of public accounts.

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