Chap. 92.—An ACT to amend and re-enact sections 615 and 616 of the code of
Virginia in reference to the proceedings against delinquent treasurers and
their sureties and the liensof judgments and executions against such treasu-
rers and their sureties.

Approved January 21, 1896.

1. Be it enacted by the general assembly of Virginia, That sec-
tion six hundred and fifteen and six hundred and sixteen of the code
of Virginia be amended and re-enacted so as to read as follows:

§ 615. Auditor to deliver lists of delinquent treasurers to attorney-
general, who shall proceed against them and their sureties; copy of
notice to be recorded where treasurer or sureties has estate, and in-
dexed.—On or before the first day of January and the first day of July
of each year, the auditor of public accounts shall make out and de-
liver to the attorney-general a list of all the treasurers who have
failed to make the statements or pay the sums required by section
six hundred and four, and such lists, where the failure is to pay,
shall specify the amount due from each of the said treasurers, and
shall also specify the names of their sureties respectively. It shall
be the duty of the attorney-general to proceed forthwith against the
treasurers in default and their sureties for the recovery of the amounts
due from such treasurers, respectively, and the interest thereon, pre-
scribed by section six hundred and eighteen. The proceeding may
be by motion, on notice, in the circuit court of the city of Richmond.
Copies of such notice, certified by the clerk of the said court, shall
be forthwith sent by the attorney-general to the clerks of the county
and corporation courts of any county or city wherein it is ascertained
that the treasurer, or his sureties proceeded against, has any estate,
and the clerk to whom any such copy is so sent shall record it as a
deed is required by law to be recorded, and index the same as well
in the name of the commonwealth as of the treasurer and his sure-
ties, each respectively.

§ 616. Lien of judgment and execution against treasurer and sure-
ties.—A judgment in such proceeding, recovered against the treasu-
rer, or against the treasurer and sureties, jointly or severally, shall
be alien on all his, or their real estate, in any county or city, of or to
which he, or they respectively, shall be possessed or entitled at or
after the time such notice is recorded and indexed as aforesaid, in
such county or city; and an execution, sued out on such judgment
and placed in the hands of an officer to be executed, shall bind al!
the personal estate of such treasurer and sureties, jointly and seve-
rally, respectively, of or to which he, or they, each respectively, shall
be possessed or entitled at or after the time the said notice is re-
corded and indexed as aforesaid, and before the return day of such
execution; except that, as against an assignee for valuable conside-
ration of any of said personal estate which is not capable of being
levied on under an execution, or as against a person making a
payment to such treasurer, the lien of the execution by virtue of
this section shall not effect such assignee or person making pay-
ment, unless he had notice of the execution, or of the pendency of
said proceeding at the time of the assignment or payment, as the
case may be.
2. This act shall be in force from its passage.