The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-12-21


that the same was wrongfully collected for
any reason going to the merits OF the same,
then the court trying the case MAY certify
OF record that the same was wrongfully
paid and ought TO be refunded; and there
upon the Auditor Of Public Accounts shall
issue his proper warrant for the same,
which shall be paid in preference to other
claims on the Treasury, except such as
have priority by constitutional require
ment. There shall be no other remedy in
any ease OF the collection Of revenue.
or the attempt TO collect revenue, in funds
receivable by said officers under this law, the
same being other and different funds than
the taxpayer may tender or claim the right
to pay than such as are herein provided,
and no writ for the prevention Of any reve-
nue. claim, or TO hinder or delay the collec-
ton OF the same, shall in anywise issue,
either injunction, supersedeas, mandamus,
prohibition. or any other writ or process
| whatever: but in all cases for any reason
any person shall claim that the revenue so
collected OF him was wrongfully or ille-
galy collected, the remedy for such person
shall be as above provided, and in no other
manner. In all such cases, il the court
certify Of record that the officer defendant
acted in good faith and diligently defended
the action, the necessary cost incurred by
him shall be taxed 10 and paid by the state
as in criminal cases. The Commonwealths
attorney OF the county or corporation in
which suit Il brought shallappear andrepre-
sent the defence. In every case where iudg-
ment Is rendered for the defendant fee OF
five dollars shall be taxed i'm favor OF said
attorney and against the plaintiff, and
whenever the court shall refuse 10 certify
the good faith and diligence Of the officer
defending the case a like fee OF five dollars
shall be taxed against the said officer. Any
officer charged with the collection OF reye-
nue. who shall receive payment thereof in
anything other than that hereinbefore pro-
vided shall be deemed guilty OF a misde-
meanor, and fined not less than
one hundred. nor more than five
hundred dollars. in the discretion OF the
court: but nothing herein contained shall
be construed TO subject any officer Of the
State TO any suit. other than as hereinbe-
fore provided. for any refusal on his part
TO accept in payment Of revenue due the
State any kind or description Of funds, Sc
curly, or paper not authorized by this act.
,. This act shall be in force from and
after the lst day Of December 1882.
ATTENDING SCHOOL II ADJOINING DlSIklCIS.
The following bill, introduced by Mr..
Webb, has been reported by the Senate
Committee on Education without amend
ment:
1. Be IL enacted by the General Assembly
Of Virginia, That section IS OF chapter IS
OF the Code OF 1873, as amended by an act
entitled San act to amend and reenact an
act approved January 2G, 1871. entitled an
act to amend section 80 Of chapter IS OF the
Code OF 1873, in regard to admission to the
public free schools" approved January II,
1873. be amended and reCnaeted so as TO
read as follows:
Section IS. The public free schools shall
be free TO all persons between the ages OF
five and twenty-one years residing within
the school district and the school board OF
any district bordering OH another State
may. i'm its discretion, admit into the
schools. free OF tuition, persons OF school
age residing outside OF the limits Of tbs
State and near tberemto, if their parents
or guardians pay taxes i'm the said school
district; and the board OF education shall
have power. and it shall be its duty, TO
make regulations whereby the children OF
one district may attend the schools in an
adjoining district, either in or out OF the
cOnnty. and the cost OF their tuition
be drawn from the funds pertaining
to the district wherein they reside:
pr0uided, that white and colored persons
Shall moi be taught in the same school, but
in separate schools, under the same gene
rll regulations as 10 management, useful
ness, and efficiency. 1t shall he lawful for
boards Of district school trustees to admit
as pupils into the public free schools OF
their respective districts persons between
the ages OF twenty-one and twenty-five
years on the prepayment OF tuilion-fees,
under regulations TO be made by the Board
OF Education.
>. This act shall be in force from its
passage.
THE VOTE FOR SENATOR.
The vote for senator yesterday was as
follows: