{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.01-653.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.01-653.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.01-653.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.01-653.html"}],"law_id":377741,"edition_id":2,"section_id":377741,"structure_id":53683,"section_number":"8.01-653","catch_line":"Mandamus to secure construction of act directing payment out of treasury of the Commonwealth","history":"Code 1950, \u00a7 8-714; 1977, c. 617.","full_text":"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’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.\n\nThe 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.\n\n","order_by":null,"text":{"0":{"id":1409051,"text":"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’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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1409052,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":53683,"edition_id":2,"name":"Mandamus and Prohibition","identifier":"2","label":"article","depth":3,"order_by":2,"parent_id":53681,"metadata":{"child_laws":12,"child_structures":0},"date_created":"2026-08-02 03:20:37","date_modified":"2026-08-02 12:28:27","permalink":{"id":1506345,"object_type":"structure","relational_id":53683,"identifier":"2","token":"8.01\/25\/2","url":"\/8.01\/25\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53681,"edition_id":2,"name":"Extraordinary Writs","identifier":"25","label":"chapter","depth":2,"order_by":55,"parent_id":53558,"metadata":{"child_laws":36,"child_structures":3},"date_created":"2026-08-02 03:20:35","date_modified":"2026-08-02 12:28:26","permalink":{"id":1506305,"object_type":"structure","relational_id":53681,"identifier":"25","token":"8.01\/25","url":"\/8.01\/25\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53558,"edition_id":2,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":12,"parent_id":null,"metadata":{"child_laws":1095,"child_structures":142},"date_created":"2026-08-02 03:18:32","date_modified":"2026-08-02 12:28:09","permalink":{"id":1504031,"object_type":"structure","relational_id":53558,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":377730,"structure_id":53683,"section_number":"8.01-644","catch_line":"Application for mandamus or prohibition","url":"\/8.01-644\/","token":"8.01\/25\/2\/8.01-644","metadata":false},{"id":377729,"structure_id":53683,"section_number":"8.01-644.1","catch_line":"Limitations of actions for petition for mandamus","url":"\/8.01-644.1\/","token":"8.01\/25\/2\/8.01-644.1","metadata":false},{"id":377731,"structure_id":53683,"section_number":"8.01-645","catch_line":"What petition to state; where presented","url":"\/8.01-645\/","token":"8.01\/25\/2\/8.01-645","metadata":false},{"id":377732,"structure_id":53683,"section_number":"8.01-646","catch_line":"When writ awarded if no defense made","url":"\/8.01-646\/","token":"8.01\/25\/2\/8.01-646","metadata":false},{"id":377733,"structure_id":53683,"section_number":"8.01-647","catch_line":"Defense; how made","url":"\/8.01-647\/","token":"8.01\/25\/2\/8.01-647","metadata":false},{"id":377734,"structure_id":53683,"section_number":"8.01-648","catch_line":"What judgment to be rendered","url":"\/8.01-648\/","token":"8.01\/25\/2\/8.01-648","metadata":false},{"id":377735,"structure_id":53683,"section_number":"8.01-649","catch_line":"Proceedings when application is to Supreme Court or Court of Appeals","url":"\/8.01-649\/","token":"8.01\/25\/2\/8.01-649","metadata":false},{"id":377737,"structure_id":53683,"section_number":"8.01-650","catch_line":"Suspension of proceedings, where prohibition applied for","url":"\/8.01-650\/","token":"8.01\/25\/2\/8.01-650","metadata":false},{"id":377738,"structure_id":53683,"section_number":"8.01-651","catch_line":"Suspension of proceedings by justice of Supreme Court or judge of Court of Appeals","url":"\/8.01-651\/","token":"8.01\/25\/2\/8.01-651","metadata":false},{"id":377739,"structure_id":53683,"section_number":"8.01-652","catch_line":"Service of writ; how obedience enforced","url":"\/8.01-652\/","token":"8.01\/25\/2\/8.01-652","metadata":false},{"id":377741,"structure_id":53683,"section_number":"8.01-653","catch_line":"Mandamus to secure construction of act directing payment out of treasury of the Commonwealth","url":"\/8.01-653\/","token":"8.01\/25\/2\/8.01-653","metadata":false},{"id":377740,"structure_id":53683,"section_number":"8.01-653.1","catch_line":"Mandamus to secure construction of act granting power to incur certain obligations for transportation needs","url":"\/8.01-653.1\/","token":"8.01\/25\/2\/8.01-653.1","metadata":false}],"previous_section":{"id":377739,"structure_id":53683,"section_number":"8.01-652","catch_line":"Service of writ; how obedience enforced","url":"\/8.01-652\/","token":"8.01\/25\/2\/8.01-652","metadata":false},"next_section":{"id":377740,"structure_id":53683,"section_number":"8.01-653.1","catch_line":"Mandamus to secure construction of act granting power to incur certain obligations for transportation needs","url":"\/8.01-653.1\/","token":"8.01\/25\/2\/8.01-653.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-653\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1977, chapter 617.<\/p>","references":false,"refers_to":false,"permalink":{"id":1506387,"object_type":"law","relational_id":377741,"identifier":"8.01-653","token":"8.01\/25\/2\/8.01-653","url":"\/8.01-653\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.01-653\/","token":"8.01\/25\/2\/8.01-653","dublin_core":{"Title":"Mandamus to secure construction of act directing payment out of treasury of the Commonwealth","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-653","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Whenever the Comptroller or the Treasurer of the Commonwealth shall notify the Attorney General<\/span>, 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<\/span> 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<\/span> may file in such court<\/span> a petition<\/span> for a writ of mandamus<\/span> 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<\/span> to avoid delays in payments after the time for making them has arrived, any such petition<\/span> 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<\/span> shall consider and determine all questions raised by the Attorney General<\/span>’s petition<\/span> 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.<\/p>

The Comptroller and the Treasurer of the Commonwealth, or either of them, as the case may be, shall be made a party<\/span> or parties defendant<\/span> to any such petition<\/span> and the court<\/span> may, in its discretion, cause such other officers or persons<\/span> to be made parties defendant<\/span> as it may deem proper, and may make such order<\/span> respecting the employment of an attorney or attorneys for any officer of the Commonwealth who is a party<\/span> defendant<\/span> as may be appropriate. The compensation of any such attorney shall be fixed by such court<\/span> and upon its order<\/span> paid out of the appropriation to the office or department of any such public officer represented by any such attorney in such proceeding.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMANDAMUS TO SECURE CONSTRUCTION OF ACT DIRECTING PAYMENT OUT OF TREASURY OF THE\nCOMMONWEALTH (\u00a7 8.01-653)\n\nWhenever the Comptroller or the Treasurer of the Commonwealth shall notify the\nAttorney General, in writing, that they, or either of them, entertain such doubt\nrespecting the proper construction or interpretation of any act of the General\nAssembly which appropriates or directs the payment of money out of the treasury\nof the Commonwealth, or respecting the constitutionality of any such act, that\nthey, or either of them, do not feel that it would be proper or safe to pay such\nmoney until there has been a final adjudication by the Supreme Court determining\nany and all such questions, and that, for such reason, they will not make\npayments pursuant to such act until such adjudication has been made, the\nAttorney General may file in such court a petition for a writ of mandamus\ndirecting or requiring the Comptroller or Treasurer of the Commonwealth, or\nboth, to pay such money as provided by any such act at such time in the future\nas may be proper. In order to avoid delays in payments after the time for making\nthem has arrived, any such petition may be filed at any time after the passage\nof any such act although the time for making such payments has not arrived and\nno demand for such payments has been made. In any such proceeding the court\nshall consider and determine all questions raised by the Attorney\nGeneral’s petition pertaining to the constitutionality or interpretation\nof any such act, even though some of such questions may not be necessary to the\ndecision of the question of the duty of such Comptroller and Treasurer of the\nCommonwealth to make payment of the moneys appropriated or directed to be paid.\n\nThe Comptroller and the Treasurer of the Commonwealth, or either of them, as the\ncase may be, shall be made a party or parties defendant to any such petition and\nthe court may, in its discretion, cause such other officers or persons to be\nmade parties defendant as it may deem proper, and may make such order respecting\nthe employment of an attorney or attorneys for any officer of the Commonwealth\nwho is a party defendant as may be appropriate. The compensation of any such\nattorney shall be fixed by such court and upon its order paid out of the\nappropriation to the office or department of any such public officer represented\nby any such attorney in such proceeding.\n\nHISTORY: Code 1950, \u00a7 8-714; 1977, c. 617.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}