CHAP. 642.—An ACT for the relief of E. J. Frost and George
W. Fairer, executors of A CC. Moore, deceased, and Frances
Frost and Helen Rachel Fairer, the heirs-at-law and devisees
of A. C. Moore, deceased.

Approved March 8, 1892.

Whereas by an act of the general assembly of the common-
wealth of Virginia, approved March twelfth, eighteen hun-
dred and seventy-eight, acts eighteen hundred and seventy-
seven and eighteen hundred and seventy-eight, pages one
hundred and ninety-nine and two hundred, entitled an act
for the relief of Wm. McGonigal, administrator of W. L. G.
Kent, late collector of Tanner’s creek township, in Nor-
folk county, and A. T. Nichols and A. C. Moore, hia sure-
ties, it was enacted inter alia: That when the true amount
of the indebtedness of the said W. L. G. Kent, deceased,
on account of the collection of taxes and public dues for
the year eighteen hundred and seventy-three, shall be as-
certained and determined by the county or circuit court
of Norfolk county, that it shall be lawful for the said
William McGonigal, administrator of the said W. L. G.
Kent, deceased, or for A. T. Nichols and A. C. Moore, the
sureties on the official bond of said Kent, or either of
them, to fully satisfy and discharge the liability so ascer-
tained and determined (except so much as may be neces-
sary to pay the reasonable fees of attorneys employed in
the prosecution of the proceedings aforesaid against
them) with consolidated bonds of the state of Virginia,
with tax-receivable coupons attached: provided, however,
that the auditor of public accounts shal] first consent to
and the attorney-general shall adviee the same. And to
the extent that any surety may contribute to the payment
of said amount so ascertained as aforesaid, such payment
shall constitute a charge upon the estate of the said W.
L. G. Kent, deceased, if any, and be paid out of the as-
sets, if any, in the hands of his personal representative;
and said sureties, as amongst themselves, shall be liable
to account one to the other upon legal principles of con-
tribution; and

Whereas the said true amount of the indebtedness of
said W. L. G. Kent, deceased, having been ascertained by
order of the circuit court of the county of Norfolk, en-
tered March thirty-first, eighteen hundred and seventy-
nine, a judgment was entered and docketed in favor of
the commonwealth of Virginia against William McGoni-
gal, administrator of W. L. G. Kent, deceased, late col-
lector of Tanner’s creek township, in Norfolk county, and
A. T. Nichols and A. C. Moore, his sureties, for ten thous-
and dollars, the penalty of his official bond, to be dis-
charged by the payment of one thousand seven hundred
and thirty-three dollars and sixty-eight cents, amount of
state taxes of eighteen hundred and seventy-three, with
interest at six per centum per annum from May first, eigh-
teen hundred and seventy-four, until paid, and twelve dol-
lars and sixty-five cents costs; and

Whereas on the fourth day of May, eighteen hundred
and eighty, the said estate of the said W. L. G. Kent, and
the said A. T. Nichols having in the meantime become
insolvent, the said A. C. Moore, through his attorney and
counsel, John H. Gayle, in pursuance of the above-men-
tioned act, paid to the auditor of public accounts the sum
of one thousand three hundred and fifty dollars for the
purpose of purchasing consolidated bonds of the state of
Virginia, in amount sufficient to satisfy and discharge the
principal, interest and costs of said judgment in the man-
ner prescribed by the terms of said act; and

Whereas the said sum of one thousand three hundred
and fifty dollars was exactly the sum necessary to pur-
chase at that date said consolidated bonds in amount
sufficient to satisfy and discharge in full the said judg-
ment as of that date; and

Whereas the said amount:of money was never used to
purchase said bonds, in fact, but was covered into the
state treasury as of that date, as will appear by an entry
on the blotter in the office of the auditor of public accounts
as of that date, and that said John H. Gayle being now
dead, legal proof of the transaction cannot now be had in
the courts; and

Whereas the said judgment still appears on the face of
the record as a lien, a charge against the estate of the said
A. C. Moore, subject only to the payment of the said
amount of one thousand three hundred and fifty dollars,
charged as a credit against it, as of the said date of May
fourth, eighteen hundred and eighty, and the said execu-
tors are powerless to have the same marked satisfied,
although the same has in effect been fully discharged and
satisfied according to the terms of said act; now, there-
fore,

1. Be it enacted by the general assembly of Virginia,
That the said E. J. Frost and George W. Fairer, executors
as aforesaid of the said A. C. Moore, surety as aforesaid
upon the official bond of W. L. G. Kent, deceased, and
Frances Frost and Helen Rachel Fairer, the heirs-at-law
and devisees of the said A. C. Moore and their assigns,
are hereby released from the payment of any further sum
or sums of money, by reason of the said judgment in
favor of the commonwealth of Virginia above mentioned
and described.

2. That the clerk of the county court of the county of
Norfolk and the clerk of the corporation court of the city
of Norfolk, in the clerk’s office of which courts the said
judgment was severally docketed, so as to become a lien
upon real estate belonging to said Moore in said county
and corporation, are hereby directed to mark the said judg-
ment satisfied as to said A. C. Moore, his personal repre-
sentatives, heirs-at-law, devisees, distributees and assigns
by reference to this act: provided, however, that all costs
attending the same shall be paid by the parties seeking
relief under this act.

3. But nothing in this act shall be construed to affect
in any manner the right of the said personal representa-
tives to have contribution from the other surety upon said
official bond, or to have a refunding from the estate of the
said W. L. G. Kent, if any, for the amount already paid
by said A. C. Moore, by reason of said judgment, or as
relieving the said estate of Kent and the said Nichols
from liablity over to the estate of said Moore in any man-
ner whatsoever on account of the amount already paid by
him.

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