Chap. 104.—An ACT for the relief of the sureties of D. B. Baldwin,

lata traagnrar af Tazawall ennnty
and eighteen hundred and eighty-five, as appears from the
records of the office of the auditor of public accounts,
upon part of which judgments have been rendered by the
circuit court of the city of Richmond, including in said
judgments interest at the rate of fifteen per centum per
annum, and in addition thereto fifteen per centum dam-
ages upon the several principals; and whereas said indebt-
edness has been, and will have to be, discharged in whole by
the sureties on his official bonds, executed iy him on the
eleventh day of June, eighteen hundred and seventy-nine,
and the — day of June, eightcen hundred and eighty-three; and
whereas the sureties of said treasurer on the said two bonds
have already paid, on the indebtedness of said treasurer to
the commonwealth, the two several sums of ten thousand
dollars and one thousand two hundred and eighty-five dol-
lars; and whereas said sureties were not given such notice of
the default of the said treasurer in the year eighteen hundred
and eighty-one and succeeding years as is contemplated by
section thirty-one of chapter sixty of the Acts of eighteem
hundred and seventy-eight-nine, whereby they might have
shielded themselves from the greater part of said loss; there-
fore,

1. Be it enacted by the general assembly of Virginia, That.
A. H. Gibboney, William G. Baldwin, A. J. Copenbaver, Wil-
liam L. Moore, James C. Moore, C. Barns, Robert Barns, John
Barns and O. F. Barns, sureties on the two official bonds ot
D. B. Baldwin, late treasurer aforesaid, are hereby released
from the payment of all damages assessed against them by
reason of the default of the said treasurer, and all interest.
charged against them over and above the rate of six per cen-
tum per annum, and the auditor of public accounts is hereby
authorized and directed to settle with said sureties, giving
eredit for the amount of said damages and interest in excess.
of six per centum per annum. And the said auditor
shall further allow said sureties a credit for whatever
commissions the said treasurer would have been entitled
to, had he paid over and accounted for the said amounts
at the time they were due, and shall further give a
credit for the ten thousand dollars beretofore paid on said in-
debtedness; and for the balance then remaining due to the
commonwealth, the auditor is hereby authorized and directed
to accept from the sureties aforesaid, or any, or either of them,
the bonds of the state, with all unpaid coupons attached, is-
sued under the act approved February the fourteenth, eigh-
teen hundred and eighty-two, at their face value, in full sat-
isfaction and discharge of such balance, which shall be ascer-
tained between said auditor and said sureties, and no execution
shall issue against said sureties on account of said indebted-
ness until after one year from the passage of this act, and not
then if the provisions of this act shall have been complied
with.

2. The said D. B. Baldwin, treasurer as aforesaid, shall not
be released from the payment of the difference between the

Google
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 released from the damages and costs incurred
by his failure to the conditions of his official bonds aforesaid.
3. This act shall be in force from its passage. }