Branham v. Long

Citations

• 78 Va. 352
• 1884 Va. LEXIS 11

Syllabus

<p>1. Construction of Statutes—Latest expression of legislative will must prevail.—General act approved 16th March, 1875, ch. 206, p. 215, provides for commissioners of the revenue for every county, who shall hold their office for four years from a day named on which they should enter upon their duties. That act was amended 21st April, 1882, but not as respects the duration of the term of that office. On the day last mentioned the charter of the city of Norfolk was also amended by an act prescribing two years as the duration of the term of said office.</p> <p>Held:</p> <p>Touching the duration of the term of the office of commissioner of the revenue in the city of Norfolk, the amendment of its charter is the látest expression of the legislative will, and must . prevail as to that city. Haynes v. The Commonwealth, 31 Gratt. 96, does not control the case.</p> <p>2. Official Terms—Legislature.—Though the constitution may create the office, yet if it does not prescribe the term of office, the legislature may, at any time, change the duration of the term.</p> <p>3. Idem—Vacancies.—Under the constitution and laws of this State, county, municipal and district officers must qualify by taking the several oaths required by law before the day whereon their terms respectively begin, else their offices are vacant, and the incumbents continue to discharge the duties of the offices, after their terms of office have expired, until their successors have qualified.</p> <p>4. Idem—Idem—Case at bar.-—B was elected commissioner of the revenue for Norfolk city for four years from 1st July, 1880, under the general law. L was elected to the same office for two years, from 1st July, 1882, under the act approved 21st April, 1882, amending the charter of said city; but L failed to qualify, by taking the anti-duelling oath, before 1st July,' 1882.</p> <p>Held :</p> <p>1. The duration of B’s term of office was abridged by the act amending said charter, and L was lawfully elected for the term of