Chap. 339.—An ACT to amend and re-enact an act entitled an act to prescribe
how a new day for the execution of the sentence of death shall be fixed, and
dispensing with the presence of the person to be executed, approved March
20, 1922, so as to prescribe a new day for the execution of a sentence in case
of a reprieve by the Governor. [H B 273]

Approved March 27, 1936

1. Be it enacted by the General Assembly of Virginia, That an
act entitled an act to prescribe how a new day for the execution of
the sentence of death shall be fixed, and dispensing with the presence
of the person to be executed, approved March twentieth, nineteen
hundred and twenty-two, be amended and re-enacted so as to read as
follows :

Section 1. Whenever, for an offense hereafter committed, the day
fixed for the execution of a sentence of death shall have passed with-
out the execution of such sentence and it shall have become neces-
sary to fix a new date therefor, it shall be the duty of the court which
pronounced such sentence, or the judge thereof in vacation, to fix
another day for such execution. The person to be executed need not
be present when such other day is fixed, but a copy of the order
fixing the new date of execution shall be promptly furnished by the
clerk of the court making the order to the officer in whose custody
the person to be executed is, and said officer shall deliver a copy of
said order to the person to be executed, and, if he is unable to read it,
explain it to him, at least ten days before the date fixed for such
execution, and make return thereof to the clerk of the court which
issued same.

When the day fixed for the execution of a sentence of death has
passed without the execution of such sentence by reason of a reprieve
granted by the Governor, it shall not be necessary for the court to
re-sentence the convict, but the sentence of death of the court shall be
executed on the day to which the convict has been reprieved.