Annual Report of the Attorney General of the State of Virginia
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4 Report of the Attorney General 24th May, 1876, to confinement in the penitentiary for two years. The case stands for hearing at the approaching term of the court of appeals on his appeal. Thomas Jackson vs. The Commonwealth. The appellant was convicted in the Hustings court of the city of Richmond upon an indictment under the act which forbids licensed ordinary keepers to furnish or dispose of ardent spirits to minors without the consent of their parents or guardians, and sentenced on 18th March, 1876, to fine and security for good behavior. The case stands for trial on appeal by the accused at the approaching term of the court of appeals. Andrews, Ordway & Green vs. Auditor of Public Accounts, and Commonwealth vs. Andrew, Ordway & Green. These parties applied to the county court of Chesterfield county to be relieved of an alleged erroneous assessment of taxes of certain land and buildings thereon, which stand in their name on the commissioner's book. They claimed that the buildings were erected by the United States on their land for the accommodation of workmen employed by the United States in preparing stone for certain public buildings at Washington city, and which work the appellants were superintending; and that under agreement the United States reserved the right to remove the buildings when the work was concluded. The applicants having paid the tax into the treasury, asked for an order to the auditor to refund it, as to the buildings, because, being property of the United States, it was not taxable by the State. Their application was refused by the county court, but on appeal to the circuit court that court reversed the order of the county court, and adjudged that the auditor refund the tax. The auditor having refused to comply with the judgment of the circuit court because with other reasons, he thought the order erroneous in point of law, the applicants obtained from the court of appeals a rule uisi for a mandamus to compel him; thereupon the Commonwealth obtained an appeal from the judgment of the circuit court, which makes the second case. Both cases stand for trail at the approaching term. Morganstern vs. The Commonwealth. This case is in all respects like Jackson's case above mentioned. Schwartz vs. The Commonwealth. The appellant was convicted of perjury in the Hustings court of the city of Manchester and adjudged by that court on the 27th June, 1876, to find an imprisonment. Case stands for trail at the approaching term on his appeal Banks vs. The Commonwealth. The appellant, a negro, was convicted in the county court of Elizabeth City county, of rape on a white girl under the age of puberty, and was sentenced by that court on 7th July, 1876, to suffer death. The case stands on his appeal from this sentence to be disposed of by the court of appeals at the approaching term. Haunstein's Heirs vs. Lynham, escheator of the city of Richmond. Real estate of which Haunstein died seized without heirs as alleged, was escheated to the Commonwealth and sold by the escheater. Afterwards certain persons, natives and residents of Switzerland, and never naturalized here, petitioned the circuit court, claiming that the proceeds of sale should come to them, notwithstanding their alienage, by virture of certain treaty regulations between the country and the United States, and the true construction of the laws of Virginia in reference to aliens taking lands in the State. This proceeding was instituted under the 33d section of chapter 109, of the code. The circuit court adjudged the petitioners not entitled, from which judgment they appealed. Case stands for trail at the approaching term.