                                 CODE OF VIRGINIA

HOW NEW OR ADDITIONAL BONDS REQUIRED AND GIVEN; FAILURE TO GIVE (§ 49-13)

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

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