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1995 SESSION

LD6480412
HOUSE BILL NO. 2502
Offered January 23, 1995
A BILL to amend and reenact §§ 8.01-607, 8.01-617, 20-25, and 26-8 of the Code of Virginia, relating to terms of office for commissioners in chancery, commissioners of accounts, and marriage celebrants.
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Patrons--Purkey, Albo, Hamilton, Rollison, Wardrup and Way
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That §§ 8.01-607, 8.01-617, 20-25, and 26-8 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-607. Appointment and removal.

Each circuit court shall, from time to time, appoint such commissioners in chancery as may be deemed necessary for the convenient dispatch of the business of such court. Such commissioners shall be removable at pleasure serve for a term of six years.

§ 8.01-617. Settlement of accounts of special receivers and special commissioners.

Every circuit court, by an order entered of record, shall appoint one of its commissioners in chancery, who shall hold office at its pleasure, to state and settle the accounts of all special receivers and of all special commissioners holding funds or evidences of debt subject to the order of the court.

All special receivers and special commissioners shall, unless their accounts have been previously verified and approved by the court, and ordered to be recorded, with reasonable promptness, and not longer than four months after any money in their hands should be distributed or at other intervals specified by the court, present to such commissioner in chancery an accurate statement of all receipts and disbursements, duly signed and supported by proper vouchers; and the commissioner in chancery shall examine and verify the same, and attach his certificate thereto approving it, if it is correct, or stating any errors or inaccuracies therein, and file same in the cause in which the special receiver or special commissioner was appointed, and present the same to the court.

The court may at any time appoint any of its other commissioners in chancery to perform the duties herein required in any case in which the regular commissioner in chancery appointed hereunder is himself the special receiver or special commissioner whose accounts are to be settled.

For his services performed hereunder the commissioner in chancery shall receive such compensation as the court allows, to be paid out of the fund in the hands of the special receiver or special commissioner.

If any special receiver or special commissioner fails to make settlement as herein required within the time herein provided, he shall forfeit his compensation, or so much thereof as the court orders.

The court may order its general receiver also to state and settle his accounts in the manner herein provided. When a general receiver settles his accounts before a commissioner of accounts or commissioner in chancery, fees charged by the commissioner are to be reasonable but may not exceed $100 per general receiver settlement or $1 per disbursement made by the general receiver as reflected in the settlement, whichever is greater.

§ 20-25. Persons other than ministers who may perform rites.

The circuit courts of the Commonwealth, the clerks of which are authorized to issue marriage licenses, shall appoint one or more persons for terms of six years each, resident in the county or city for which such court is held, to celebrate the rites of marriage, and upon any person, so appointed, giving bond in the penalty of $500 with surety, shall make a like order as provided in § 20-23 authorizing him to celebrate the rites of marriage in the Commonwealth. Any order made under this section may be rescinded at any time by the court or by the judge thereof in vacation.

Any judge or justice of a court of record, any judge of a district court of this Commonwealth or any retired judge or justice may celebrate the rites of marriage either within or without the county or city wherein his court is situated without the necessity of bond or order of authorization.

§ 26-8. Commissioners of accounts.

The judges of each circuit court shall appoint so many commissioners of accounts, as may be requisite to carry out the duties of that office, who shall be removable at pleasure serve for a term of six years each and who shall have a general supervision of all fiduciaries admitted to qualify in such court or before the clerk thereof and make all ex parte settlements of their accounts. The person appointed as a commissioner of accounts shall be a discreet and competent attorney-at-law; however, if no such attorney be found willing to serve, the court shall appoint some other discreet and proper person. Any individual holding the office of commissioner of accounts upon July 1, 1973, shall continue therein at the pleasure of the court or until his retirement or death.

In the event more than one such commissioner is appointed, each commissioner shall maintain his own office and keep his own books, records and accounts. He shall retain the power of supervision over every account, matter or thing referred to him until his final account is approved, unless his term expires and he is not reappointed or he shall resign, retire or be resigns, retires, or is removed from office, in which case his successor shall continue such duties.

2. That any appointment of any person as a commissioner of accounts, a commissioner in chancery, or a marriage celebrant under the law as in effect on June 30, 1995, shall expire six years from the date of the court order making such appointment.