Chap. 32.—An ACT for the Relief of the Sureties of Stephen H. Tur-
ner, County Treasurer of Amherst county.

Approved August 27, 1884.

Whereas Stephen H. Turner, late county treasurer of Am-
herst county, has failed to account for certain portions of the
revenue of this commonwealth, due for the years eighteen
hundred and eighty-one-two, and eighteen hundred and
eighty-three, as appears from the records of the office of the
auditor of public accounts; and whereas the gaid indebtedness
of said treasurer will have to be discharged in a large meas-
ure by the sureties on his official bond, executed by him on
the sixteenth day of June, eighteen hundred and seventy-
nine; and whereas, on the twelfth day of April, eighteen
hundred and eighty-four, said Turner made an assignment of
certain property, whereby said sureties will be indemnified
to a small extent; and whereas said sureties were not given
such notice of the default of said treasurer, in the year eigh-
teen hundred and eighty-one, as is contemplated by section
thirty-one of chapter sixty of the Acts of eighteen hundred
and seventy-eight-seventy-nine, whereby they might have
entirely shielded themselves from such loss; and whereas the
greater portion of the property assigned by said Turner, as
aforesaid, is involved in litigation, and much time will be
required to ascertain its full value, and realize the proceeds
thereof; therefore,

1. Be it enacted by the general assembly of Virginia, That
when Joseph H. Massie, 8S. J. Bailey, Samuel J. Turner, I. R.
Maben, C. Pettyjohn, 8. F. Turner, B. P. Morriss, and Charles
Mundy, the sureties of said treasurer, or any or either of
them, shall pay to the treasurer of Virginia, in current funds
of this state, an amount equal. to the value of the property
assigned as aforesaid, then, for whatever balance may remain
due to the state by reason of the liability of said sureties on
said bond, the auditor of public accounts is hereby authorized
and directed to accept from the surcties aforesaid, or any or
either of them, the bonds of the state, with all unpaid coupons
attached, issued under the act approved February the four-
teenth, eighteen hundred and eighty-two, at their face value,
in full satisfaction and discharge of such balance, which shall
be ascertained between said auditor and said sureties, and
interest on the various sums constituting such balance shall
be computed at the rate of six per centum per annum, from
the respective periods at which they should have been regu-
larly accounted for and paid by said treasurer: provided that
each of the said sureties shall, within ninety days from the
passage of this act, confess a judgment in the circuit court of

ichmond for the amount now due from said treasurer on his
official bond aforesaid, with interest at the rate of six per
centum per annum; and upon the confession of such judg-
ment said sureties shall be forever released from the payment
of the damages for which they are now liable on account of
said indebtedness, and no execution shall issue upon said
judgment until after the expiration of two years from the date
thereof, and not then if all the provisions of this act shall
have been fully observed. And the auditor is hereby in-
structed, immediately upon the confession of such judgment,
to have the same docketed in the clerk’s office of the county
court of Amherst county: provided also, that nothing herein
contained shall be so construed as to affect any liability of
said sureties for contribution among themselves according to
the amounts which may be paid by them respectively. But
the said Stephen H. Turner shall not be released from the
payment of the difference between the amount due by him
and the market value of the bonds which may be paid by his
sureties under the provisions of this act; nor shall he be re-
leased from the payment of the damages and costs incurred
by his failure to fulfill the conditions of his official bond afore-
said. .

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