Chap. 231.—An ACT to amend and re-enact sections 28 and 40 of chapter
49 of the Code, in relation to Fines Imposed upon Public Officers and
their Sureties.

Passed February 22, 1867. .

1. Be it enacted by the general assembly, That sections
twenty-eight and forty of the Code of Virginia be amended
and re-enacted so as to read as follows: ®

Ҥ 28. A judgment in a prosecution for a failure to make
such return, or to subscribe the same, as aforesaid, shall be
no bar to further proceedings, if the failure be continued ;
but there shall be a further forfeiture of twenty dollars by
the officer for each month subsequent to the judgment that
the failure may continue, until it appear that the return can-
not be made, or, if it be the case of an execution or warrant
of distress, until 1t appear that the amount thereof is. paid to
the party entitled. Moreover, the court to which, or to the
clerk’s office of which, such return ought to be made, upon
the motion of any party injured, may fine such officer, his
sureties and his and their personal representatives, or any
deputy, in default, a reasonable sum, and from time to time
impose on him other reasonable fines, not exceeding alto-
gether, in the case of an execution or warrant of distress,
the rate of five dollars for every hundred dollars therein
mentioned, for each month that the failure to make such
return may have continued; but wherever any such forfeiture
is incurred, or such fine imposed, as herein provided, upon
the sureties of any such officer, and said sureties shall pay
the same, the amount so paid by said sureties shall, as be-
tween said sureties and the creditor, but not as between such
officer and the creditor in any subsequent proceeding against
said sureties to enforce the payment of the judgment, decree
or order, upon which the execution, or other process issued,
for failing to return which execution or other process said
fine was imposed, be allowed as a credit upon such judgment,
decree or order.”

Ҥ40. If any officer or his deputy shall make such return
upon any ordef, warrant or process, as entitles any person to
recover money from such officer, by action, the court to
which, or to the clerk’s office of which, such return is made,
may, on a motion on behalf of such person, give judgment
against such officer and his sureties, and against his and their
personal representatives, for so much principal and interest
as would, at the time such return was made, have been recov-
erable by action, with interest thereon at the rate of fifteen
per centum per annum, from that time until payment. Where
such return is by a deputy, there may also be a like motion
and judgment against such deputy and his sureties, and
against his and their personal representatives; but upon any
such motion, as provided in this section, founded upon a re-
turn made prior to the second day of April, eighteen hun-
dred and sixty-five, the judgment shall be for so much prin-
cipal and interest as would, at the time such. return was
made, have been recoverable by action, with interest thereon
at the rate of six per centum per annum, from that time
until payment.” |
2. This act shall be in force from its passage.