CHaP. 15.—An ACT to provide for the collection, by motion of
money for debts, dues and demands, including fines and recog-
nizances due or to become due to the commonwealth, in pay-
ment of which coupons shall have been or may hereafter be
tendered, and not accepted as payment and not otherwise paid.

Approved January 15, 189U.
6

1. Be it enacted by the general assembly of Virginia,
That all money for debt, dues and demands, including
fines and recognizances, now due or which may hereafter
become due to the commonwealth; in payment of which
any instrument purporting to be a coupon detached from
a bond of this state, shall have been or may hereafter be
tendered and not accepted as payment, and not otherwise
paid, may be recovered by motion in the name of the
commonwealth on ten days’ notice.

2. The motion shall be in the circuit court having juris-
diction over the county or corporation in which the defend-
ant, or if there be two or more defendants, any one of
them resides or in which he may be found, or if he do not
reside in this state, in which he has any debts owing to
him or any estate. The said court shall have jurisdiction
without regard to the amount of the claim, and though the
amount be less than twenty dollars; and the attorney for
the commonwealth of such county or corporation shall
institute and prosecute the said motion.

3. The notice may be served in any county or corpora-
tion in the state in the mode prescribed by section three
thousand two hundred and seven of the code of Virginia;
or it may be served in like manner on any agent of the
defendant in the county or corporation in which the pro-
ceeding is and the word “agent,” as here used, shall
include any person who shall have made the tender as
aforesaid on behalf of the defendant; or if there be no
known agent of the defendant in the said county or cor-
poration if may be served by publishing the same one
time in some newspaper printed in the said county or cor-
poration, or if there be no newspaper printed therein, then
in some newspaper printed nearest thereto in some other
county or corporation in the state.

4. The motion shall be heard or tried by the court:or
jury as motions in other civil cases. If the defendant
relies on a tender of coupons as payment of the comm6dn-
wealth’s claim, he shall plead the tender specially and in
writing, and file with the plea the coupons averred therein
to have been tendered, and the clerk of the court shall
carefully preserve them. Upon the hearing or trial of the
issue joined on such plea, the burden of proving the ten-
der and genuineness of the coupons shall be on the defend-
ant. If the tender and genuineness of the coupons be
established judgment shall be for the defendant on the
plea of tender. In such case the clerk shall write across
the face of the coupons the word “ proved,” and there-
under his name in his official character, and transmit
them, together with the certificate of the court that they
have been proved, to the auditor of public accounts, who
shall deliver them to the second auditor, receiving there-
for his check, which check he shall pay into the treasury
to the credit of the proper account.

5. If the defendant fail in his defense and the claim is
found to be due the state, any coupons filed by him with
a plea of tender (not spurious) shall be returned to him,
d there shall be judgment for the commonwealth for the
gregate amount of the claim and interest thereon from
e time it became due till the date of the judgment, with
terest on the said aggregate amount, from the date of
idgment until payment, and for costs; but the recovery
f such costs shall be to the use of and as by the officers
nd others rendering the services for which the costs are
axed, and the same shall be payable to them alone, and
the judgment shall so declare.

6. No antecedent lien of the commonwealth for any
claim for which a judgment is rendered as aforesaid shall
be deemed to be merged in such judgment, or otherwise
impaired by the recovery of the same, but such lien shall
continue in force notwithstanding the judgment.

7. Every such judgment shall be docketed as provided
by law in other cases, and the clerk of the court shal]
issue two separate executions thereon, each in the name
of the commonwealth, one of which shall be for the costs
alone, and shall be endorsed by the clerk that it is for the
exclusive use and benefit of the officers and others for
fees and allowances due them in the case and taxed in
the costs, and the name of and the amount due to each
and on what account shall also be endorsed; the other of
which shall be for the amount of the judgment, less the
costs aforesaid, and. shall be for the exclusive use and
benefit of the commonwealth, and shall be so endorsed by
the clerk. The executions may be directed to the sheriff
of any county or sergeant of any city, who shall account
to the auditor of public accounts for the money collected
on the executions for the benefit of the commonwealth,
and to the officers and others for money collected on exe-
cutions endorsed as aforesaid for their benefit.

8. If coupons be tendered the officer in satisfaction of
any such execution in behalf of the commonwealth, he
shall note the fact of such tender upon the execution, and
return it to the clerk’s office, and thereupon the auditor of
public accounts may direct a motion to be made upon the
said judgment for the recovery of the amount thereof, less
the costs therein adjudged. Such motion shall be made
and prosecuted in the circuit court in which the original
judgment was rendered, and similar motions may be made
from time to time, whenever coupons are tendered in sat-
isfaction of any judgment, or of any execution thereon,
issued in behalf of the commonwealth, obtained by the
commonwealth under the provisions of this act: The pro-
ceedings in such motions, including the service of notice
and issuing, endorsing, and returning executions, shall be
such as are hereinbefore prescribed in case wherein the
first motion is made.

9. The clerk of the court in which any such judgment
is rendered in behalf of the commonwealth, shall, as soon
as it is rendered, transmit a certified abstract thereof to
the auditor of public accounts, who shall record the same
in a book to be kept for the purpose.

10. Immediately after the passage of this act, all officers
authorized by law to collect or receive money for claims

due the commonwealth shall report» to the common-
wealth’s attorneys of their respective counties and cities,
and also to the auditor of public accounts, the names of all
persons therein liable on such claims who have heretofore
tendered (otherwise than for identification and ratifica-
tion) coupons for such claims, and which claims remain
unpaid, the respective amounts of the claims on what
account and when they became payable, and a description,
as far as possible of the coupons tendered and when ten-
dered; and they shall thereafter make like reports wher-
ever and as soon as any such tender may be made. As
soon as the auditor of public accounts shall receive such
reports he shall credit the proper officer, if such officer
would otherwise be charged with the claims therein men-
tioned for which coupons were tendered.

11. The attorney for the commonwealth for the several
_counties and cities upon such report being made to them,
-or whenever they are otherwise informed of any such ten-

der being made, shall forthwith institute and prosecute
such proceedings as are hereinbefore prescribed.

12. In any case, under the provisions of this act, in which
there is a judgment for the commonwealth, a fee of ten
dollars shall be allowed the attorney for the common-
wealth; which fee, and the fees of the clerk and other
officers for services rendered in the case, as well as such
other costs as are allowed by law, in other cases in which the

‘ commonwealth is party, shall be taxed in the costs against
the defendant. The cémmonwealth shall not be liable
for any fees or costs in any proceedings under this act.

13. If any officer fail to perform any duty required of
him by this act he shall be fined not less than one hun-
dred nor more than five hundred dollars.

14. This act shall not be construed as including in its
provisions taxes due or to become due to the common-
wealth nor any claim of the commonwealth as to which
there shall have been a waiver of the right to discharge
the same with coupons; nor shall it be construed as
intended to repeal, alter, impair, or in any manner affect,
in whole or in part any of the provisions of the act of the
general assembly entitled, “An act to provide for the
recovery, by motion, of taxes and certain debts due the
commonwealth, for the payment of which papers purport-
ing to be genuine coupons of the commonwealth have been
tendered” approved May 12, 1887.

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

f
HAP. 16.—JOINT RESOLUTION recommending that active
measures be taken in the counties and cities of the State to raise
necessary amount to complete the payment on the Lee monvu-
ment.

Approved January 15, 1890.

Whereas the monument and statue of our illustrious
hero, General Robert E. Lee, is now nearing completion ;
and whereas, after diligent labor on part of the Lee mon-
ument association, a sufficient amount has not been real-
ized for its completion ; and whereas it should be the pride
of every Virginian that when the statue is unveiled no
debt should rest thereon,

Resolved by the general assembly of Virginia, That as
representatives of the whole people of this commonwealth,
we would earnestly recommend that active measures be at
once taken in every county and city in the state to raise
the desired amount.

Guar. 17.—An ACT to amend and reenact section 8922 of the
eode of 1887 touching the appointment of special police.

Approved January 16, 1890.

1. Be it enacted by the general assembly of Virginia
That section thirty-nine hundred and twenty-two of the
code of etghteen hundred and eighty-seven be amended
and re-enacted so as to read as follows:

§ 3922. The county court of any county may, if it deer
it advisable, appoint a special police force, to consist o!
not less than two suitable and discreet persons, who shal.
serve as such until others are appointed in their place by
the court. Such court may, if it see proper, allow compen.
sation to said police and any expense incurred in the exe.
cution of their duties to be paid out of the county levy.

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