Chap. 184.—An ACT for the relief of Joel Sumner.

Approved February 9, 1892.

Whereas Joel Sumner and W. C. Duncan became the
bail or bondsmen of John L. Peterman, charged with a
certain felony, at the May term, eighteen hundred and
eighty-four, of Floyd circuit court for the appearance of
said Peterman at the November term, eighteen hundred
and eighty-four, of said court;

And whereas, at said last-named term, said Peterman
failed to appear, and his default was entered and a scire
facias was awarded by said court against said Peterman
and his bail; and at the May term, eighteen hundred and
eighty-five, a judgment was awarded against said Sumner
and Duncan, upon whom said process had been served
for the sum of one hundred dollars, with interest from
the fourth day of May, eighteen hundred and eighty-five,
and nine dollars and twenty-three cents, costs;

And whereas said Sumner has paid one-half of said judg-
ment for one hundred dollars, and all the costs of same;

And whereas said Sumner has filed his petition in the
circuit court of Floyd county in the manner prescribed by
section seven hundred and thirty-eight, code eighteen hun-
dred and eighty-seven, reciting the foregoing facts, to-
gether with the following facts: That he was induced to
become the co-bondsman or bail with said Duncan upon
the assurances of said Duncan, then a resident of Mont-
gomery county, that he owned real estate and personal
property of much greater value than said amount of bail,
and that same was unencumbered, when, in truth and in
fact, at the time of said bail being given, said Duncan’s real
estate was encumbered by liens to a greater amount than
its value, and he owned no more personal property
than was allowed him by the poor debtors’ exemption;
that said Sumner is an old man of small means, with a
family dependent upon him for a support, and that no
part of the judgment can be made out of said Duncan;

And whereas said circuit court, at its May term, eighteen
hundred and ninety-one, after hearing the evidence, en-
tered an order that the relief prayed for, to-wit: that said
Joel Sumner should be exonerated from the payment of
the residue of said judgment, should be granted, as will
more fully appear from the said petition, answer thereto
by the attorney for the commonwealth, certificate of facts,
and said opinion of the court, duly authenticated by the
clerk of said court, on file with the petition to the general
assembly to release said Sumner from the residue of said
judgment; therefore,

1. Be it enacted by the general assembly of Virginia,
That Joel Sumner be, and is hereby, relieved from the pay-
ment of the residue of the aforesaid judgment of Floyd
circuit court, rendered at the May term, eighteen hundred
and eighty-five, against him and said W. R. Duncan, but
this relief is in no way to affect or impair the liability of
said W. R. Duncan for same.

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