Chap. 429.—An ACT to amend and re-enact section 892 of the Code of Virginia, as
amended by an act approved March 10, 1922. {[H B 123]

Approved March 21, 1924.

1. Be it enacted by the general assembly of Virginia, That section
eight hundred and ninety-two of the Code of Virginia, as amended by
an act approved March tenth, nineteen hundred and twenty-two, be
amended and re-enacted so as to read as follows:

Section 892. Levy upon apple orchards to reimburse county.—
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 and fifty cents 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, but in the county of Shenandoah, the
said county fund may be reimbursed by a specific levy of not exceeding
three dollars per acre on all orchards planted ten years or more, and not
exceeding one dollar and fifty cents per acre on all orchards planted
more than two years and less than ten years in each magisterial distric
in which this law shall become operative as hereinafter provided, if a
single levy does not provide a sufficient fund to rermburse the county
fund for the amounts paid out, as aforesaid, the levy may be repeated
from time to time until the county fund is 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 become 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 ovér ten years old, in such district or districts, to-
gether 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 net 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 re-
spective 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; pro-
vided, however, that all damages awarded and assessments made there-
for shall be by magisterial districts, each district bearing its own ex-
penses 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 1s 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 exon-
erated 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
ard less than ten years shall be one-half the amount fixed by the court
as a charge upon orchards planted ten years or more.