Chap. 101.—An ACT to amend an re-enact section 738 of the Code, as amended
by an act of the General Assembly of 1902-3-4, approved December 10, 1903.

Approved February 29, 1908.

1. Be it enacted by the general assembly of Virginia, That section
seven hundred and thirty-eight of the Code, as amended by an act of
the general assembly of Virginia of nineteen hundred and three and
nineteen hundred and four, approved December tenth, nineteen hundred
and three, be amended and re-enacted so as to read as follows:

§738. Relief from fines—The governor shall have power, in his dis-
cretion, to remit, in whole or in part, fines and penalties, whether here-
tofore or hereafter imposed, in all cases of felony or misdemeanor, after
conviction, except where judgment shall have been rendered against any
person for contempt of court, for non-performance of or disobedience to
some order, decree or judgment of said court, or where the fine or
penalty has been imposed by the State corporation commission, or
where the prosecution has been carried on by the house of delegates;
provided, in the opinion of the governor, the evidence accompanying
such application warrants the granting of the relief asked for. But the
provisions of sections seven hundred and thirty-nine, seven hundred and
forty, seven hundred and forty-one and seven hundred and forty-three
of the Code of Virginia shall be complied with as a condition precedent
to such action by the governor; provided, that where the party against
whom the fine has been imposed and judgment rendered therefor has
departed this life leaving a widow and children surviving, the governor
may remit such fine upon the certificate of the judge of the circuit
court of the county, or the city court of the city wherein such fine was im-
posed and judgment rendered, that to enforce the same against the
estate, real or personal, of the said decedent would impose hardship
upon his widow and children.