Chap. 25.—An ACT to amend sections 862, relating to certain duties of county
and city treasurers, and 865 of the code, relating to suits against treasurers.

Approved January 11, 150.

1. Be it enacted by the general assembly of Virginia, That section
eight hundred and sixty-two and eight hundred and sixty-five of the
Code of Virginia be amended and re-enacted so as to read as follows:

§ 862. He shall receive the county levy in the manner prescribed
for the receipt of the state revenue, and shall, at the July meeting of
the board of supervisors, or as soon thereafter as may be, settle with
said supervisors his account of all funds levied for county or district
purposes for that year; and with the county school board at its an-
nual meeting in August, or as soon thereafter as may be, his account
of all funds levied for county or district school purposes of that
year, and all state school funds in his hands; and when his term of
office expires, or if he die, resign or be removed from office, he upon
the expiration of his term of office, resignation or removal, or his
personal representatives upon his death, shall immediately make
such settlements showing the amount in his hands to be accounted
for, and the fund to which the same belongs, and forthwith deliver
to his successor all bonds, books and papers belonging to bis office,
and pay over to him all moneys belonging or for which he is ac-
countable to the county or to any district therein, or to the county
school board, or to the several district school boards of his county
whether any such settlement shall have been previously made or not.

§ 865. For every breach of the condition of the bond of the treasu-
rer of any county or city, either in failing to account forand pay
into the treasury all taxes due from him to the state, or to pay over
to his successor all moneys required by section eight hundred and
sixty-two to be paid to his successor in office.

When he gues out of office suit may be brought against such
treasurer and his sureties on his official] bond, in the first case in the
circuit court of the city of Richmond, for the use of the state, or in
the second case, in the circuit court of his county, or the circuit or
corporation court of his city, at the relation of his successor, for the
use of the city, county, district county school board, or district school
board as the case may be, or the same, together with damages and
costs, as prescribed by section eight hundred and sixty-three, may
be recovered by motion in said courts, or in the county court of the
county of such treasurer. A motion under this sectiou shall be after
at least five days’ notice, and when on behalf of the commonwealth
shall be in the name of the commonwealth, and in all other cases in
the name of the successor in office of such treasurer. Upon any
judgment rendered in such suit or motion a writ of fier! facias may
issue, Which shall conform in all respects to writs of fieri facias issued
under chapter thirty, and be proceeded with in the same manner.

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