Chap. 289.—An ACT to authorize the Attorney General to institute mandamus
proceedings in the Supreme Court of Appeals in certain cases and under cer-
tain circumstances to secure an adjudication by said Court respecting the
construction, interpretation or constitutionality of Acts of the General Assembly
which direct or require the payment of appropriations of the State Treasury,
and to empower said Court to render a final adjudication of said questions.

, [S 272]
‘ Approved March 25, 1944
Be it enacted by the General Assembly of Virginia, as follows:

1. Section 1. Whenever the State Comptroller or the State Treas-
urer shall notify the Attorney General, in writing, that they, or either of
them, entertain such doubt respecting the proper construction or in-
terpretation of any act of the General Assembly which appropriates or
directs the payment of money out of the State Treasury. or respecting
the constitutionality of any such act, that they, or either of them, do not
feel that it would be proper or safe to pay said money until there has
been a final adjudication by the Supreme Court of Appeals determining
any and all such questions, and that, for said reason, they will not make
payments pursuant to said act until said adjudication has been made, the
Attorney General may file in said Court a petition for a writ of man-
damus directing or requiring the said Comptroller or Treasurer, or both.
to pay said money as provided by any such act at such time in the future
as may be proper. In order to avoid delays in payments after the time
for making them has arrived, any such petition may be filed at any time
after the passage of any such act although the time for making said pay-
ments has not arrived and no demand for such payments has been made.
In any such proceeding the Court shall consider and determine all ques-
tions raised by the Attorney General’s petition pertaining to the consti-
tutionality or interpretation of any such act, even though some of said
questions may not be necessary to the decision of the question of the
duty of said Comptroller and Treasurer to make payment of the moneys
appropriated or directed to be paid.

The Comptroller and the Treasurer, or either of them, as the case
may be, shall be made a party or parties defendant to any such petition
and the Court may, in its discretion, cause such other officers or persons
to be made parties defendant as it may deem proper, and may make such
order respecting the employment of an attorney or attorneys for any
State officer who is a party defendant as may be appropriate. The com-
pensation of any such attorney shall be fixed by the said Court and upon
its order paid out of the appropriation to the office or department of any
such public officer represented by any such attorney in such proceeding.