Chap. 98.—An ACT to provide for securing to the state money due to
it by any of its officers.

Approved November 24, 1884.

1. Be it enacted by the general assembly of Virginia, That
whenever any officer of the state is indebted to the state for
money collected by him, or improperly drawn by him, or
upon his order, from the public treasury during his term of
office, and after demand for the same by the auditor, con-
tinues in default in the payment of the same, it shall not be
lawful for the auditor to issue to said officer, a warrant for,
nor for the treasurer to pay any part of the salary due or
to become due to such officer, until he shall make good his
default. The officer whose salary is thus withheld, may,
however, file his petition in the circuit court of Richmond
city, making the auditor a party thereto, and praying the
payment of his salary. The auditor shall make answer to
this petition, and the proceedings shall be conducted as a
suit in chancery is conducted, except that there need be no
proceeding at rules. Upon the proof taken and read in the
cause, the court shall decide the fact of indebtedness, and the
right of the officer to draw his salary, or the right of the
state to credit the same upon the indebtedness of the officer,
and a judgment may also be rendered against the officer for
any indebtedness that may exist in excess of the amount of the
salary then due, and for the application by the state of such
salary as may thereafter accrue to the payment of the debt.
In all such proceedings, the attorney-general (unless he be
an interested party) shall represent the state, and if he be so
interested, the auditor shall employ other counsel to repre-
sent the interest of the state.

2. Should the officer whose salary is so withheld, fail to
file a petition under this act, within twelve months after any
instalment of his salary is withheld, the auditor shall credit
the same upon the indebtedness of the officer, and make it so
appear upon the books of his office.

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