                                 CODE OF VIRGINIA

MANDAMUS TO SECURE CONSTRUCTION OF ACT DIRECTING PAYMENT OUT OF TREASURY OF THE
COMMONWEALTH (§ 8.01-653)

Whenever the Comptroller or the Treasurer of the Commonwealth shall notify the
Attorney General, in writing, that they, or either of them, entertain such doubt
respecting the proper construction or interpretation of any act of the General
Assembly which appropriates or directs the payment of money out of the treasury
of the Commonwealth, 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 such
money until there has been a final adjudication by the Supreme Court determining
any and all such questions, and that, for such reason, they will not make
payments pursuant to such act until such adjudication has been made, the
Attorney General may file in such court a petition for a writ of mandamus
directing or requiring the Comptroller or Treasurer of the Commonwealth, or
both, to pay such 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 such payments has not arrived and
no demand for such payments has been made. In any such proceeding the court
shall consider and determine all questions raised by the Attorney
General&#8217;s petition pertaining to the constitutionality or interpretation
of any such act, even though some of such questions may not be necessary to the
decision of the question of the duty of such Comptroller and Treasurer of the
Commonwealth to make payment of the moneys appropriated or directed to be paid.
		The Comptroller and the Treasurer of the Commonwealth, 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 officer of the Commonwealth
who is a party defendant as may be appropriate. The compensation of any such
attorney shall be fixed by such 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.

HISTORY: Code 1950, § 8-714; 1977, c. 617.