CHAP. 96.—An ACT to amend and re-enact section 408 of the
code of Virginia, in reference to proceedings to try genuineness
of coupons.

Approved February 22, 1890.

1. Be it enacted by the general assembly of Virginia,
That section four hundred and eight of the code of Vir-
tinia, in reference to proceedings to try genuineness of
oupons be amended and re-enacted so as to read as fol-
OWS: .

§408. Shall deliver to judge; proceedings to try genuine-
ess of coupons.—He shall mark each paper as coupons
o received, with the initials of the taxpayer from whom
eceived, and the date of receipt, and shall deliver the
‘ame, securely sealed up, to the judge of the circuit court
yf the county or city in which such taxes, debts, or de-
mands are payable, or if there be no circuit court of the
sity in which such taxes, debts, or demands are payable,
he shall deliver the same, securely sealed up, to the judge
of the circuit court of the county in which such city is
located. The taxpayer shall thereupon be at liberty to
file his petition in such circuit court against the common-
wealth. A summons toanswer the petition shall be served
on the commonwealth’s attorney, who shall defend the
same. The petition shall allege that the petitioner has
tendered certain coupons in payment of his taxes, debts,
or demands, and pray that a jury be empaneled to try the
question as to whether they are genuine coupons, legally
receivable for taxes, debts, and demands. Upon this pe-
tition an issue shal] be made in behalf of the common-
wealth, which shal] be tried by a jury. If it be finally
decided in favor of the petitioner that the coupons ten-
dered by him are genuine coupons, legally receivable for
taxes, debts, and demands, then the judgment of the court
shall be certified to the treasurer, who, upon receipt thereof,
shall receive said coupons and shall refund the money
before paid by the petitioner out of the first money in the
treasury in preference to all other claims.

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