Chap. 21.—An ACT for the relief of Smith-Courtney company. [S B 6]
Approved February 5, 1918.

Whereas, by chapter 295 of the acts of 1912, the governor, the
superintendent of the penitentiary and the commissioner of agricul-
ture of the Commonwealth of Virginia were made a board known
as the “Convict Lime Board;” and

Whereas, pursuant to the authority conferred upon said “Con-
viet Lime Board” by said act, said board on May 12, 1914, entered
into a contract with the Smith-Courtney company, a Virginia cor-
poration, providing for the erection and installation of a lime-grind-
Ing pant near Staunton, Virginia; and

Whereas, on January 17, 1916. said Smith-Courtnev company
liled a petition in the circuit court of the city of Richmond, Virginia,
against the members of the “Convict Lime Board” as such, and the
auditor of public accounts of the Commonwealth of Virginia and
the treasurer of the Commonwealth of Virginia, for the purpose of
recovering the sum of $11,345.37, being the balance of the agreed
contract. price, together with certain alleged extras alleged to be
due to the Smith-Courtney company on account of said contract
with the said “Convict Lime Board;” and
_ Whereas, at a later date, in the trial of this cause before a jury
in said circuit court of the city of Richmond. Virginia. the said
jury returned a verdict in favor of said Smith-Courtney company
for the sum of $11,845.37, with legal interest thereon from October
IS, 1915; and

Whereas, at a later date, said court, being of opinion that the
damages awarded by said jury were excessive in certain particulars,
entered a judgment against “Convict Lime Board” in favor of said
Smith-Courtney company for the sum of $10,532.72, with interest
thereon at the rate of six per cent. per annum from the 18th day
of October, 1915; and

Whereas, the said “Convict Lime Board” has obtained a writ
of error and supersedeas from the supreme court of appeals of the
State of Virginia to said judgment of the circuit court of the city
of Richmond, Virginia; and

Whereas, the rights of the parties to the said controversy cannot
be finally determined in said supreme court of appeals of the State
of Virginia until after the present session of the legislature of the
State of Virginia has adjourned—

Now, therefore, in order to avoid injury to all parties to said
controversy—

Be it enacted by the general assembly of the State of Virginia
that the sum of $11,815.37, with legal interest thereon at the rate
of six per cent. per annum from October 18, 1915, or so much there-
of as may be necessary, is hereby appropriated out of any monies
in the treasury not otherwise appropriated to pay such final judg-
ment as may be rendered against the said “Convict Lime Board” in
the court of last resort.