by motion of taxes and certain debts due the commonwealth for the payment of which papers purporting to be genuine coupons of the commonwealth have been tendered," approved May twelfth, eighteen hundred and eighty-seven, shall, as to the costs recovered, be deemed to be for the exclusive use and benefit of the officers and others for services and allowances in the case taxed in said costs, and upon every such judgment two separate executions shall be issued, each in the name of the commonwealth, one of which shall be for the costs alone and shall be endorsed by the clerk issuing the same that it is for the exclusive use and benefit of the officers and others for fees and allowances due them in the case and taxed in the costs, and the name of and the amount due to each shall also be endorsed; the other of which shall be for the amount of the judgment, less the costs aforesaid, and shall be for the exclusive use and benefit of the commonwealth, and shall be so endorsed by the clerk. The money collected on the executions for the benefit of the commonwealth shall be accounted for to the auditor of public accounts and paid into the treasury of the state, and the money collected on the executions endorsed as aforesaid for the benefit of officers and others shall be accounted for and paid over to them respectively. Sec. 702 a. Auditor's power to adjust old claims.-The auditor of Extra Session public accounts, with the advice of the attorney-general, may adjust and 1887, p. 375. settle upon equitable principles, without regard to strict legal rules, any doubtful or disputed account or claim in favor of the commonwealth which may have been standing on the books of his office not less than two years, and may, with the like advice, dismiss any proceedings instituted by him: provided, however, that before such adjustment or settlement can in any wise affect the rights of the commonwealth it shall be approved and endorsed by the attorney-general and shall then be submitted to the supervision of the judge of the circuit court of the city of Richmond, accompanied by a written statement signed by said auditor of the facts and reasons which, in his opinion, render such adjustment or settlement just and proper, and when the said judge endorses the same with his written approval, signed in his official character, it shall be considered and treated as valid and binding. CHAPTER XXXI. MODE OF RECOVERING FINES AND ENFORCING PAYMENT INTO THE TREASURY. 86 Va. 40. Sec. 717. Fines imposed by justices.-In any misdemeanor case tried As Amended by a justice of the peace in which a fine is imposed upon the defendant, or in 1897-8, p. 672. which the defendant is required to pay the costs and the same are not paid, the justice may in his discretion take security for the payment of such fine and costs, or for the costs alone when there is no fine, such payment to be made within thirty days from the day of trial. It shall be sufficient to bind such surety that the justice endorse on the warrant the name of the surety, amount for which he is bound, and the date of endorsement; but if no security is given the defendant may be committed to jail until such fine and costs or such costs alone are paid. If security be given and payment is not made to the clerk of the court as agreed the clerk shall issue execution against the person against whom the judgment is rendered as well as against the surety in the same manner as provided by section seven hundred and nineteen of the code of Virginia; but in case the bond is not given as provided by this section the justice may commit the defendant to jail until the fine and costs are paid, or until the costs are paid where there is no fine, but the justice shall not issue any execution therefor. As Amended 1897-8, p. 672. B6 Va. 40. 1897-8, p 342. As Amended 1897-8, p. 984. As Amended Sec. 718. Justices to certify fines to clerks.—Within thirty days after every trial the justice shall certify to the clerk of the court of his county or corporation the amount of every fine imposed by him, together with the costs, and whether the same has been paid. When he acquits the accused he shall certify the costs of the trial and to whom due; and if he rendered judgment against the prosecutor for costs he shall so state. After such certificate has been made the state shall be liable to the officers thereto entitled for one-half only of their lawful fees remaining unpaid as shown by said certificute. If any justice fail to return such certificate within said time without good cause he shall forfeit twenty dollars. Sec. 718 a. To require the clerks of the county and corporation courts of this state to report to their respective courts a list of all fines reported by justices of the peace under section 718 of the code of Virginia; what lists shall contain, and to require the auditor of public ac= counts to furnish blank forms upon which such lists shall be made.-The clerks of the county and corporation courts of this state be and they are hereby required to report to their respective courts on the first day of each term thereof a list of all fines reported by justices of the peace under section seven hundred and eighteen of the code of Virginia for the month next preceding, which lists shall contain the names of the persons fined, the amount of fine, whether paid to the clerk or not, whether execution or capias pro fine has been issued therefor, and to what rules the process is returnable. And in cases where the executions have been returned unsatfied the clerk shall report that fact also, so that the court may determine whether or not capias pro fine shall issue as provided by section seven hundred and twenty-seven of the code of Virginia. 2. It shall be the duty of the said courts to examine said lists and enter the fact of record that said lists have been returned and order the same to be filed, and where said lists show that proper process has not been issued for said fines to order the clerk to issue the same in the manner now provided by law. 3. It shall be the duty of the auditor of public accounts as soon as practicable after the passage of this act to make out and furnish to the several clerks proper forms upon which the lists required by section one of this act shall be made. The said clerk shall on the first day of the next succeeding county or corporation court post in front of the court-house such lists of all the fines so reported, with the names of the parties fined and the amount of each fine, and whether the same has been paid or not. Sec. 726. [90 Va. 386.] Sec. 730. Clerk to return list of fines to auditor. -The clerk of every court shall on or before the fifteenth day of October in each year return to the auditor of public accounts a list of fines imposed by his court or assessed therein during the year ending on the last day of August next preceding (except those cases in which executions had been issued and were not returnable before that day) and of fines imposed by a justice and recorded in the clerk's office pursuant to this chapter during the same year (except as aforesaid). Cases in which at the time of transmitting the annual list the year before the executions had been issued but were not returnable on or before the last day of August in that year shall likewise be included. The clerk shall certify to the correctness of the report. Sec. 733. Clerk's fee.-For the services of the clerk under the three 1889-90, p. 128. preceding sections his fee shall be one dollar upon every such fine, which CH. 32 & 33.] RECEIVING AND PAYING AT TREASURY, ETC. fee shall be included in the execution for cost or be retained by him when collected. Sec. 743 a. All fines collected for offences committed against the 1891-2, p. 847. state shall be paid and collected only in lawful money of the United States, and shall be paid into the treasury to the credit of the literary fund. The proceeds of all fines collected for offences committed against the state, and directed by section seven of article eight of the constitution of Virginia to be set apart as a part of a perpetual and permanent literary fund, shall be paid and collected only in lawful money of the United States, and shall be paid into the treasury to the credit of the literary fund, and shall be used for no other purpose whatsoever. Sec. 745. [92 Va. 63.] TITLE 14. CLAIMS AGAINST THE STATE. 83 CHAPTER XXXII. MODE OF RECOVERING CLAIMS AGAINST THE STATE; LIMITATION OF THE PROCEEDINGS. Sec. 751. When suits may not be brought.-No such petition or bill As Amended as is mentioned in section seven hundred and forty-six shall be presented 1893-4, p. 296. or filed and no such suit as is mentioned in the sixth sub-division of section three thousand two hundred and fourteen shall be brought after ten years from the time the claim might have been presented or asserted. If, however, the person having such claim was an infant, married woman (whose claim was not or did not concern her separate estate), insane, or imprisoned at the time the same might have been presented or asserted, such petition or bill may be presented or filed and such suit may be brought within five years after the removal of such disability; but in all cases where taxes or fees have been paid to the state in connection with, for, or on account of charters heretofore granted by the courts, no proceeding against the state or any of its officers looking to the recovery of such fees or taxes, whether by bill or otherwise, shall be entertained by any court of the commonwealth. TITLE 15. THE TREASURY, AND THE AUDITORS AND TREASURER. CHAPTER XXXIII. MANNER OF RECEIVING AND DISBURSING AT THE TREASURY, AND DUTIES OF Sec. 773 a. Auditor of public accounts to issue duplicate warrants.— Upon satisfactory proof being presented to the auditor of public accounts that any warrant drawn by him or his predecessor upon the treasurer of the commonwealth has been lost or destroyed before having been paid, it shall be lawful for such auditor to issue a duplicate therefor, upon a bond being executed with such security as shall be approved by him payable to the commonwealth in a penalty of double the amount of such warrant 1889-90, p. 23. 1895-6, p. 672. and conditioned to save harmless the commonwealth from any loss occasioned by the issuing of such duplicate warrant: provided, that each duplicate warrant so issued shall show upon its face that it is a duplicate, and that no duplicate shall be issued for a warrant in excess of two hundred dollars and within ninety days of the issuing of said original warrant. Sec. 774 a. Judges of courts and the clerks to certify to the auditor of public accounts lists of all allowances made by courts.-It shall be the duty of the judge of every court of this commonwealth making an allowance for the payment of any sum out of the treasury of the state within ten days after adjournment of said court to certify to the auditor of public accounts a list of all allowances made during the term of said court, the date of the making of such allowance, the amount thereof, and to whom made; and a like certificate of all allowances made by said court shall be made off by the clerk of said court within ten days after adjournment of said court, under the seal of the court, and forwarded the said auditor, the form of which certificate shall be prescribed by him, and blanks of which shall be prepared by him and furnished the judges and clerks of the several courts of the commonwealth, and such form may be so prepared as to include more than one allowance made at the same term of any court. It shall not be lawful for the auditor to draw any warrant on the treasurer in satisfaction of any allowance made by any court of the commonwealth until he shall have received notification, in pursuance of the foregoing section of this act, of the allowance by the court of such claims. TITLE 16. COUNTIES, CITIES, AND TOWNS, AND THEIR OFFICERS. 1897-8, p. 741. CHAPTER XXXIV. OF NEW COUNTIES, COUNTY EXPENDITURES, BOUNDS OF COUNTIES, AND HOW Sec. 793 a. Time for holding elections or taking a vote to ascertain the sense of the qualified voters of a county or counties out of which a new county is sought to be created and established.-Where in any general election held under the laws of the state there has been ascertained by ballot the sense of the qualified voters of any county or counties out of a portion or portions of which it is proposed or sought to create and establish a new county as provided for by chapter thirty-four of the code of eighteen hundred and eighty-seven, and a canvass of said polls as made by the commissioner of election for said county or counties show such aggregate vote to be in the ratio of three "against the new county" to one for the new county, no other vote shall be taken in said county or counties for the same purpose for a period of six years from the date of the last vote so taken. As Amended 1897-8, p 577. Previous CHAPTER XXXV. GENERAL PROVISIONS AS TO COUNTY, CITY, AND DISTRICT OFFICERS. Sec. 812. When and how officers qualify.-Every county and district officer elected by the people, every city officer mentioned in section eightyAmendments eight, and every county surveyor and superintendent of the poor appointed 1895-6, p. 328. for a term shall on or before the first day of July next succeeding his elec1897-8, p 227. 91 Va. 152. tion and appointment (provided, that the superintendent of the poor of Lee 1897-8, p. 308. Previous 824. county and the superintendent of the poor of Hanover county and the superintendent of the poor of Northampton county shall enter upon the duties of their respective offices on the first day of January succeeding their appointment respectively and shall hold their said offices for the term of four years, as now provided by law) qualify by taking the oath prescribed by section one hundred and sixty-eight and the oath prescribed by section one hundred and sixty-nine or section one hundred and seventy, as may be proper, and give the bond, if any, required by law, before the county or corporation or hustings court of the county or corporation for which he is elected or appointed, or for the district for which he is elected, or before the judge of the circuit, county, corporation, or hustings court of said county or corporation in vacation. When the officer qualifies and gives the bond before a judge in vacation the judge shall certify the fact, and the bond and certificate shall be returned to the clerk of the said county or corporation or hustings court and the certificate shall be entered by him in the order book of the said court on the law side thereof, and such bond and also any bond given before the court shall be recorded by the clerk: provided, the clerk of the chancery court of the city of Richmond may qualify and give bond before the said court, or if he qualify and give bond before the judge in vacation, as herein before provided, his bond and certificate of qualification shall be returned to and recorded in the said court. Sec. 814. Bonds of officers.--Every county treasurer, the sheriff of a As Amended county, clerk of a county or corporation court who is also ex-officio the clerk of the circuit court of the county or corporation, every separate Amendments 1893-4, p. 438. clerk of a county, corporation, or circuit court, the clerk of the hustings 1895-6, p. 682, court of the city of Richmond, the clerk of the chancery court of the said city, and every commissioner of the revenue, superintendent of the poor, county surveyor or supervisor, constable, or overseer of the poor shall at the time he qualifies give such bond as is prescribed by section one hundred and seventy-seven. The penalty of the bond of each officer, to be determined within the limits herein prescribed by the court or judge before whom he qualifies, shall be as follows: Of the bond of the county treasurer, not less than double the amount to be received annually by him; the penalty of the bond of a sheriff of a county, not less than ten nor more than sixty thousand dollars; but provided, that if said county treasurer shall elect to give as surety on his bond some guaranty or security company doing business in the state of Virginia and deemed sufficient by the court before whom he qualifies, the form of said bond to be prescribed by the attorney-general and such blank forms shall be furnished by the auditor to the clerks of the several courts, and the penalty of said bond shall be such as the court or judge may require, but not less than the amount to be received annually by him, and that if said sheriff of a county shall elect to give as surety on his bond such guaranty or security company the penalty of such bond shall not be less than five thousand nor more than thirty thousand dollars; of the bond of the clerk of a county or corporation court who is also ex-officio clerk of the circuit court of the county or corporation, not less than three thousand nor more than ten thousand dollars, and the bond of such clerk of the county or corporation court shall bind him and his sureties not only for the faithful discharge of his duties as the clerk of said court but also for the faithful discharge of his duties as the clerk of the said circuit court in like manner and with the same effect as if it was so expressed in the conditions of his said bond; of the bond of the separate clerk of a county, corporation, or circuit court, of the clerk of the hustings court of the city of Richmond, and of the clerk of the chancery court of the said city, each not iess than three thousand |