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1997 SESSION

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973494483
HOUSE BILL NO. 2342 Offered January 17, 1997 A BILL to amend and reenact §§ 26-8 and 26-24 of the Code of Virginia, relating to commissioners of accounts. ----------
Patrons-- Wardrup, Albo, Drake, Dudley, McDonnell, Ruff, Wagner, Way and Wilkins; Senators: Quayle, Schrock and Stolle
---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 26-8 and 26-24 of the Code of Virginia are amended and reenacted as follows:

§ 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 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. In either event, no member of the General Assembly shall be appointed a commissioner of accounts. 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 he shall resign, retire or be removed from office, in which case his successor shall continue such duties.

§ 26-24. Fees of commissioners of accounts.

The fees of commissioners of accounts for the special duties hereinbefore imposed upon them shall be the same as are now allowed by law to commissioners in chancery. Each commissioner of accounts shall report to the clerk of the circuit court, on February 1 of every year, the gross amount of his fees for the previous calendar year. The report shall be available for public inspection at the office of the clerk.

2. That the provisions of this act shall apply prospectively. Any member of the General Assembly holding office of the commissioner of accounts at the time this act takes effect shall be allowed to continue therein at the pleasure of the court or until his retirement, resignation or death.