Chap. 162.—An ACT to amend and re-enact section 892 of the Code of 1919,
relating to cedar rust and the reimbursement of counties for expenditures
made in the destruction of cedar trees. {S B 273]

Approved March 10, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tion eight hundred and ninety-two of the Code of Virginia, nineteen
hundred and nineteen, relating to cedar rust and the reimbursement
of counties for expenditures made in the destruction of cedar trees,
be amended and re-enacted so as to read as follows:

Section 892. Whenever the court orders any damages paid out
of the general fund of the county under the preceding section, or the
county treasurer makes any payments out of the general fund of
the county under section eight hundred and eighty-nine, the said
county fund shall be reimbursed by a specific levy of not exceeding
one dollar per acre on all apple orchards planted ten years or more,
and not exceeding fifty cents per acre on all orchards planted more
than two years and less than ten years, in each magisterial district
in which this law shall have become operative as hereinafter provided.
If a single levy does not provide a sufficient fund.to reimburse the
county fund for the amounts paid out as aforesaid, the levy may
be repeated from time to time until the county fund 1s fully restored,
but not more than one levy shall be made in any one year in the same
district. The court awarding damages shall direct the commissioner
of the revenue for the district or districts in which the law has be-
come operative to report at the next annual assessment the names
of all owners of apple orchards over two years old and less than ten
years old, and all owners of apple orchards over ten years old, in such
district or districts, together with the number of acres owned by each
person.

The court shall thereupon fix such specific amount per acre to be
paid by each owner as will in the aggregate nct the amount necessary
to reimburse the county fund for all damages and costs previously
paid out under the provisions thereof.

The court shall enter an order directing each owner to pay his
respective portion so ascertained to the county treasurer, and such
order shall have the force and effect of a judgment of the court;
if said amounts are not paid within thirty days from the date of
said order the county treasurer shall proceed to collect the same as
taxes are collected; provided, however, that all damages awarded and
assessments made therefor shall be by magisterial districts, each dis-
trict bearing its own expenses in the enforcement of this chapter;
provided, further, that any orchard owner who is aggrieved by an
erroneous levy or assessment made against him under this section,
may apply by motion for relief against the same at the court that
ordered the levy, at any time within twelve months after the date
of the order ascertaining the amount to be paid by the several owners
and directing payment; and if the court is satisfied that the applicant
is erroneously assessed in such levy, either in whole or in part, it
shall correct the same, directing that the applicant be exonerated
from so much as is erroneously charged against him, if it is not
already paid, and if paid that it be refunded to him.

Such motion shall be after five days’ notice to the attorney for
the Commonwealth, who shall represent the county at the hearing.

The amount fixed by the court upon orchards planted more than
two and less than ten years shall be one-half the amount fixed by the
court as a charge upon orchards planted ten years or more.