CHAP. 81.—An ACT for the relief of the sureties of W. G. Miller,
late treasurer of Rappahannock county.

Approved February 18, 1890.

Whereas a judgment was obtained on the twenty-eighth
day of March, eighteen hundred and eighty-eight, in the
circuit court of the city of Richmond by the common-
wealth of Virginia against W. G. Miller, late treasurer of
Rappahannock county, and R. E. Miller, C. B. Wood, T. B.
Massie, D. D. Miller, and F. S. Slaughter, his sureties on
his official bond, in the sum of five thousand seven hun-
dred and fifty-three dollars and nine cents, with interest
at the rate of six per centum per annum upon the fol-
lowing component sums from the following respective
dates: on two hundred and twenty-three dollars and fifty-
eight cents from December first, eighteen hundred and
eighty-three; on five hundred and ten dollars and sixty
cents from June fifteenth, eighteen hundred and eighty-
four; on one thousand three hundred and twenty-four
dollars and sixty-eight cents from June fifteenth, eighteen
hundred and eighty-five; on nine hundred and eighty-nine
dollars and fifteen cents from June fifteenth, eighteen
hundred and eighty-six; on one thousand seven hundred
and fourteen dollars and ninety-eight cents from Septem-
ber first, eighteen hundred and eighty-seven, and on nine
hundred and ninety dollars and ten cents from July first,
eighteen hundred and eighty-seven, and ten dollars and
ninety-one cents costs, and for the benefit of the said
commonwealth; and by reason of the failure of said W.
G. Miller to properly account for certain portions of the
revenue of this commonwealth collectible by him as treas-
urer as aforesaid ; and whereas the said sureties of said late
treasurer have, since the rendition of said judgment, paid
unto the auditor, at different times, certain sums of money
which aggregate the sum of sixteen hundred and forty-
seven and a half dollars; now, therefore,

1. Be it enacted by the general assembly of Virginia,
That the auditor of public accounts be authorized, in-
structed, and directed to receive and accept from R. E.
Miller, C. B. Wood, T. B. Massie, D. D. Miller, and F. 8S.
Slaughter, sureties on the official bond of said late treas-
urer,on which the said judgment was recovered, or from
either or any of them, bonds of this commonwealth issued
or to be issued under the provisions of an act approved
February fourteen, eighteen hundred and eighty-two, enti-
tled an act to declare Virginia’s equitable share of the
public debt, and so forth, together with all unpaid matured
coupons thereto attached, and at the face value of the
principal of said bonds thereof, in full discharge of any
and all liability incurred by said sureties or either of them,
under and by reason of said judgment rendered as afore-
ssid, and in making his settlement with said sureties the
auditor of public accounts shall allow credit therein for
whatever commissions the said treasurer would have been
entitled to had he paid or accounted for, as and when due,
the said several amounts of public revenue for which
judgment has been rendered as aforesaid, and he shall
give a furthercredit for the sum of sixteen hundred and
forty-seven dollars and fifty cents heretofore paid on said
indebtedness evidenced as aforesaid by said judgment.

2. No further or alias execution shall issue against said
sureties for the period of two years from the passage of
this act.

3. Nothing herein contained shall be construed to
release or relieve the said W. G. Miller, late treasurer as
aforesaid, from the obligation to pay the difference he-
tween the amount of the said judgment, with interest and
costs, and the market value of the bonds with which his
sureties are authorized by this act to discharge their joint
and several liabilities.

4. The said sureties shall not avail themselves of the
benefits of this act for a period longer than two years
from the passage hereof, and the provisions of this act
for their benefit shall expire at the termination of said
period of two years.

5. This act shal] be in force from its passage.
CHapP. 82.—An ACT requiring insurers, after notice to them <
their agents of any loss or damage sustained by reason of peri
insured against, and upon application in writing to deliver |
the insured, or to any person to whom the insurance money
payable, forms for preliminary proof of such loss or damage.

Approved February 18, 1890.

1. Beit enacted by the general assembly of Virgin:
That whenever any loss or damage is sustained by reaso
of any peril insured against, and notice thereof has bee
given to the insurer, or any agent of such insurer, the.
upon the written application made to the insurer, or an:
agent of such insurer, by the insured, or the person t
whom the insurance money is payable under the polic:
or other contract of insurance, it shall be the duty of sucl
insurer, within ten days after the said application shal
have been made to the said insurer or agent, to delive
to the insured, or to the person to whom the insurance
money is payable under the policy or other contract o!
insurance, forms for such preliminary proof of such los:
or damage as may be properly required under the policy
or other contract of insurance; and unless such forms shal.
be so delivered it shall not be necessary for the insured
or any person to whom the insurance money is payable as
aforesaid, to furnish the insurer with any preliminary
proof whatever of such loss or damage, anything in the
policy or other contract of insurance to the contrary not-
withstanding; and the failure or refusal of such insurer
or agent of such insurer to so deliver said forms within
said ten days shal] be deemed a waiver of any condition,
stipulation or provision in the policy or other contract of
insurance requiring such preliminary proof. Such writ-
ten application and such delivery of forms may be made
through the mail as well as otherwise; provided, that if
made through the mail it shall be registered according to
the laws of the United States.

2. This act shall be in force from and after thirty davs
from its passage.