Chap. 165.—An ACT to amend and re-enact sections 13 and 14 of
chapter 41 of Code of Virginia, 1873, in relation to writs of fieri facias
and capias pro fine on judgments in favor of the commonwealth.

Approved February 25, 1884.

1. Beitenacted by the general assembly of Virginia, That
sections thirteen and fourteen of chapter forty-one of Code
of Virginia, edition of eighteen hundred and seventy-three,
be amended and re-enacted so as to read as follows:

§13. On every judgment for a fine, going in whole or in
part to the commonwealth, the clerk of the court shall, im-
mediately after the return of a justice, under section six of
this chapter, or after the term of the court at which it is ren-
dered, issue a writ of fieri facias thereon returnable within
ninety days, and shall immediately cause the same to be
placed in the hands of the sheriff, or any constable of the
county or corporation wherein the defendant resides; and it
shall be the duty of the attorney for the commonwealth in
every court to superintend the issuing of all such executions,
and to cause all delinquencies in relation to the service or
return of such executions to be duly prosecuted.

§14. If such writ of fieri facias be returned to the clerk’s
office from which it is issued, unsatisfied in whole or in part,
the clerk shall, within five days after the next succeeding
term of his court, issue a Capias pro fine against the defendant
or defendants in such judgment, and cause the same to be
placed, without delay, in the hands of the sheriff or any con-
stable of the county or corporation wherein such defendant
resides or may be found, unless the attorney for the common-
wealth, with the consent of the judge of such court, entered
of record, for good cause direct that such capias pro fine do
not issue. And for any failure of the clerk or attorney for
the commonwealth of any court to perform the duties im-
posed upon him under this or the preceeding section of this
chapter, without good cause, he shall forfeit twenty dollars.

2. This act shall be in force from its passage.