Chap. 290.—An ACT for the Relief of the Sureties of James S. Barksdale,
late Sheriff of Albemarle County.

In force March 22, 1872.

Whereas, a motion is now pending in the circuit court of the
city of Richmond in the name of the commonwealth against
James S. Barksdale, late sheriff of the county of Albemarle,
and James H. Ballard, Benjamin T. Madison, Thomas Ballard,
John C. Maddox, George W. Parrott, James O. Harris, Henry
Thompson, Robert D. Burruss, F. A. Mannoni, John Saunders,
F. M. Estis, Nicholas Thompson, John Mannoni, R. B. Eddins,
M. D. Elliott, Michael 8S. Gleason, John W. McLeod, William
G. Carr and William H. Wood, his sureties, for a balance
claimed by the commonwealth from said Barksdale on account
of the land and property and capitation taxes for the year
eighteen hundred and seventy, and for the license taxes for
May, eighteen hundred and seventy-one; and there is some
difficulty in ascertaining the true amount due to the common-
wealth, which may involve delay in obtaining judgment:

1. Be it enacted by the general assembly of Virginia, That
authority is hereby given to the anditor of public accounts to
suspend the enforcement by execution of the judgment which
may be obtained on said motion for the period of twelve months
from and after the rendition of judgment thereon, provided he
shall be satisfied that the same will be sufficiently seeured by
the judgment hen; but nothing herein contained shall be so
construed as to prolubit the anditor from enforcing said judg-
ment whenever in his opinion it shall be right and proper so
to do.

2. Whenever the said judgment shall be enforeed, the auditor
is hereby authorized and required to receive, from the sureties
aforesaid, payment of the principal, legal interest, costs and
expenses of collection, abating therefrom such damages as may
have been awarded: provided, however, that nothing herein
contained shall relieve the said James S. Barksdale from the
payment of any portion of said judgment, costs and damages.

3. Be it further enacted, That the said James S. Barksdale,
late sheriff as aforesaid, and his deputies, be and they are hereby
authorized to collect and receive all taxes, fee bills and county
levies due in the years eighteen hundred and sixty five, 1866,
1867, 1868, 1869, and eighteen hundred and seventy, which
have come to their hands, to be applied, so far as applicable
thereto, to the credit of the judgment aforesaid; and that he
and they shall have all the rights and powers in making such
collections which were held by the sheriffs at the several periods
aforesaid, and such rights and powers shall continue for two
years from the date of this act; but should the sureties afore-
said, or any of them, be compelled to pay off and discharge
said judgment before the expiration of said two years, then
such portion of the fee bills, taxes and county levies aforesaid,
not already collected and applied as aforesaid, as are applica-
ble to said judgment, shall be collected by the late sheriff
aforesaid and his deputies, for the benefit ratably who may
have discharged the same, and shall be paid to them, or, at the
option of such sureties, shall be placed for col ection, for their
benefit as aforesaid, in the hands of the then acting sheriff of the
county of Albemarle, who shall be clothed with ‘all the powers
aforesaid: provided, however, that this act shall not create a
lien upon any real estate of the tax-payer, which may have
passed to other hands, for the taxes hereby authorized to be
collected, nor shall the personal estate of such other person be
liable for the tax on said land.
4, This act shall be in force from its passage. -