CHAPTER 7

An Act to amend and reenact 8§ 5.07, 18.07.1, 17.11, 17.12, 17.16 and
17.17 of chapter 116 of the Acts of the General Assembly of 1948,
providing a charter for the city of Richmond, as amended by chapter
251 of the Acts of 1950 and by chapter 64 of the Acts of 1954, relating
to certain temporary appointments of officers; the disposition of
certain gas, water and electric utility surplus funds; the power to
grant special permits for the use of land, buildings and structures;
the change of boundaries of zoning districts; and the number and
duties of alternate members of the board of zoning appeals. CH 15)

Approved February 11, 1960

Be it enacted by the General Assembly of Virginia:

1. That §§ 5.07, 18.07.1, 17.11, 17.12, 17.16 and 17.17 of chapter
116 of the Acts of the General Assembly of 1948, as amended by chapter
251 of the Acts of 1950 and by chapter 64 of the Acts of 1954, be amended
and reenacted as follows:

§ 5.07. Acting City Manager—Acting Directors and Heads of Bur-
eaus or Agencies.—The council shall designate by ordinance the head of
one of the departments to act as city manager in case of the absence,
incapacity, death or resignation of the city manager, until his return to
duty or the appointment of his successor. The city manager shall designate
from time to time an employee in each department or bureau or agency,
the head of which is appointed by him, to act as director of the depart-
ment or head of the bureau or agency in case of the absence, incapacity,
death or resignation of the director or head of the bureau or agency, until
his return to duty or the appointment of his successor, except as other-
wise provided by this charter. ;

g 13.07.1 Transfer of Utility Surpluses.—* The dtrector of public
utilities may submit to the city manager annually at the time estimates of
revenue and expenditures are submitted, pursuant to the provisions of
§ 6.08 of this charter, a statement of the surplus, tf any, which has
accrued and which is estimated to accrue from the operation of each
utility during the current and ensuing fiscal year. At the time the city
manager submits to the council the budgets provided for by chapter 6 of
this charter, he may submit an estimate of the amount of such surplus.
The council may, in its discretion by not less than six affirmative votes, at
the beginning of or during the ensuing fiscal year transfer to the general
fund or reserve fund for permanent public improvements the whole or
any part of the amount of the surplus estimated by the city manager, pro-.
vided such transfer shall not exceed such estimate. The surplus shall be
determined by deducting from the actual or estimated cash recetpts of
each utility from all sources, actual or estimated, disbursements for op-
erating expenses and for the amortization of any debt incurred by the
city on account of any such utility.

§ 17.11. Uniformity of Regulations within a District—Special Use
Permits. (a) The regulations and restrictions shall be uniform and shall
apply equally to all land, buildings, and structures and to the use and to
each class or kind thereof throughout each district but the regulations and
restrictions applicable in one district may differ from those provided for
other districts.

(b) The council shall have the power to authorize by ordinance
adopted by not less than seven affirmative votes the use of land, buildings,
and structures in a district that does not conform to the regulations and
restrictions prescribed for that district and to authorize the issuance of
special use permits therefor, whenever it is made to appear that such
special use will not be detrimental to the safety, health, morals and general
welfare of the community involved, will not tend to create congestion in
streets, roads, alleys and other public ways and places in the area involved,
will not create hazards from fire, panic or other dangers, will not tend to
overcrowding of land and cause an undue concentration of population, will
not adversely affect or interfere with public or private schools, parks,
playgrounds, water supplies, sewage disposal, transportation or other
public requirements, conveniences and improvements, and will not inter-
fere with adequate light and air. No such ordinance shall be adopted until
(1) the ordinance has been referred to the city planning commission for
envestigation of the circumstances and conditions upon which the council
is empowered to authorize such use and until the commission has re-
ported to the council the results of such investigation and its recommenda-
tions with respect thereto, and (2) until after a public hearing in relation
to such ordinance is held by the council at which the persons in interest
and all other persons shall have an opportunity to be heard. At least fif-
teen days notice of the time and place of such hearing shall be given by
publication thereof in a daily newspaper of general circulation published in
the city. The council shall have the power to require such other notice as
at may deem expedient. The city planning commission may recommend
and the council may impose such conditions upon the use of the land,
buildings and structures as will, in its opinion, protect the community and
area involved and the public from adverse effects and detriments that may
result therefrom.

§ 17.12. Considerations to be Observed in Adoption and Alteration
of Regulations.—The regulations and restrictions shall be enacted with
reasonable consideration, among other things of the character of each
district and its peculiar suitability for particular uses and with a view of
conserving the value of land, buildings and structures and encouraging
the most appropriate use thereof throughout the city. Upon the enactment
of the ordinance dividing the city into districts and regulating and
restricting the use of land, buildings and structures therein in accordance
with a comprehensive zoning plan no land, building or structure shall be
changed from one district to another district unless the change is in
accord with the interest and purposes of this section and will not be con-
trary to the comprehensive zoning plan and the enumerated factors upon
which it is based and the regulations and restrictions applicable to the
districts involved in the change. *

§ 17.16. Board of Zoning Appeals—Composition—* There shall be
a board of zoning appeals which shall consist of five regular members and
two alternates. They shall be qualified voters of the city, shall hold no
office of profit under the city government and shall be appointed by the
judge of the hustings court of the City of Richmond for terms of four
years; provided that the members of the board of zoning appeals in office
at the effective date of the amendment of this section shall continue to
hold office until the expiration of the terms for which they were appointed,
and the second alternate member shall be appointed to serve until the
expiration of the term of the first alternate. Vacancies shall be filled by
the judge of such court for the unexpired portion of the term. A regular
or alternate member may be removed by the judge of the said court for
neglect of duty or malfeasance in office, upon written charges and after
public hearing. Members of the board of appeals shall serve without
compensation.

§ 17.17. Board of Zoning Appeals—Organization—The board shall
elect one of its members as chairman. The chairman shall preside at all
meetings of the board and in his absence a member designated by the
board shall act as chairman and shall preside. The board shall appoint a
secretary and such other employees as may be needed for the conduct of
the work of the board. * An alternate member may take the place of any
regular member who is absent or disqualified in hearing and determining
any matter before the board.

2. An emergency exists and this act is in force from its passage.

the indictment or presentment be founded on any provision of chapter 7
of Title 18.1, or on a violation of any provision of the laws relating to the
public revenue, the court may render judgment in the same manner as if
he had confessed the charge in court; and if the offense be punishable
by a fine not fixed by law, a jury shall be impaneled to assess the same.
But on indictment or presentment for any other misdemeanor, after the
summons has been executed ten days, the court may either award a capias
or proceed to trial in the same manner as if the accused had appeared and
pleaded not guilty; and any warrant charging any misdemeanor and re-
turnable before a judge appointed under chapter 2 or chapter 3 of Title
16.1 upon which the accused has been summoned or recognized to appear
before such judge and shall fail to appear in response to such summons
or recognizance, may be tried by such judge as if accused had appeared
and pleaded not guilty.

19.1-185. There shall be no discontinuance of any criminal prosecu-
tion by reason of the failure of the court to award process or to enter a
continuance on the record.

§ 19.1-186. A summons against a corporation to answer an indict-
ment, presentment or information may be served as provided in §§ 8-59
and 8-60; and if the defendant after being so served fail to appear, the
court may proceed to trial and judgment, without further process, as if the
defendant had appeared and pleaded not guilty. And when, in any such
case, publication of a copy of the process is required according to such
sections, the expense of such publication may be certified by the court to
the Comptroller, and shall be paid out of the State treasury; but the same
shall be taxed with other costs and collected from the defendant, if judg-
ment be for the Commonwealth, and be paid into the State treasury by the
officer collecting the same.

CHAP. 9

TRIAL AND ITS INCIDENTS
ARTICLE 1
JURISDICTION ; SETTING CASES FOR TRIAL

§ 19.1-187. The circuit courts, except where otherwise provided, shall
have exclusive original jurisdiction for the trial of all presentments, in-
dictments and informations for offenses committed within the counties and
within the cities which may not have corporation courts of their respective
circuits.

§ 19.1-188. The judge of each circuit and corporation court shall fix
a day of his court when the trial of criminal cases will commence, and shall
make such general or special order in reference thereto, and to the sum-
moning of witnesses, as may seem proper; but this section shall not be so
construed as to deprive the court of the right to proceed with the trial of
any case at the same term at which an indictment is found, provided the
defendant is in actual custody or out on bail.

§ 19.1-189. Before every term of any court in which criminal cases
are to be tried the clerk of the court shall make out a separate docket of
criminal cases then pending, in the following order, numbering the same:

(1) Felony cases;

(2) Misdemeanor cases.

He shall docket all felony cases in the order in which the indictments
are found and all misdemeanor cases in the order in which the present-
ments or indictments are found or informations are filed or appeals are
allowed by magistrates and as soon as any presentments or indictments
are made at a term of court he shall forthwith docket the same in the
order required above.

All criminal cases shall be disposed of before civil cases, unless the
court, by an order entered of record, shall direct otherwise.

§ 19.1-190. When an indictment is found against a person for felony
or when an appeal has been perfected from the conviction of a misde-
meanor, the accused, if in custody, or if he appear according to his re-
cognizance, shall, unless good cause be shown for a continuance, be tried
or arraigned and tried at the same term; provided that no trial shall be
had on the first day of the term unless it be with the consent of the attorney
for the Commonwealth and the accused, or his attorney.

§ 19.1-191. Every person against whom an indictment is found
charging a felony and held in any court for trial, whether he be in custody
or not, shall be forever discharged from prosecution for the offense, if
there be three regular terms of the circuit or four of the corporation or
hustings court in which the case is pending after he is so held without a
trial, unless the failure to try him was caused:

(1) By his insanity or by reason of his confinement in a hospital for
the insane for care and observation,

(2) By the witnesses for the Commonwealth being enticed or kept
away or prevented from attending by sickness or inevitable accident,

(3) By the granting of a separate trial at the request of a person
indicted jointly with others for a felony,

(4) By continuance granted on the motion of the accused or by rea-
son of his escaping from jail or failing to appear according to his recog-
nizance,

(5) By the inability of the jury to agree in their verdict, or

(6) Where there be no court held at the regular term or where there
is court held and for any reason it would be injudicious, in the opinion of
the court, to have jurors and witnesses summoned for that term, which
reason shall be specially spread upon the records of the court.

But the time during the pendency of any appeal in any appellate court
shall not be included as applying to the provisions of this section.

ARTICLE 2
TRIAL WITHOUT JURY

§ 19.1-192. Upon a plea of guilty in a felony case, tendered in person
by the accused after being advised by counsel, the court shall hear and
determine the case without the intervention of a jury; or if the accused
plead not guilty, with his consent after being advised by counsel and the
concurrence of the attorney for the Commonwealth and of the court en-
tered of record, the court shall hear and determine the case without the
intervention of a jury. In such cases the court shall have and exercise all
the powers, privileges and duties given to juries by §§ 18.1-16 through
18.1-20, 19.1-249, 19.1-251 to 19.1-254 and 19.1-292, or any other statute
relating to crimes and punishments.

; 19.1-193. In all cases of a misdemeanor upon a plea of guilty, ten-
dered in person by the accused or by his counsel, the court shall, and upon
a plea of not guilty, with the consent of the accused, given in person or by
his counsel, and of the attorney for the Commonwealth, both entered of
record, the court, in its discretion, may hear and determine the case with-
out the intervention of a jury. In all such cases the court shall have and
exercise all the powers and duties vested in juries by any statute relating
to crimes and punishments.

When a person charged with a misdemeanor has been admitted to
bail or released upon his own recognizance for his appearance before 4
court of record having jurisdiction of the case, for a hearing thereon and
fails to appear in accordance with the condition of his bail or recognizance,
he shall be deemed to have waived trial by a jury and the case may be
heard in his absence as upon a plea of not guilty if the bond or recogni-
zance states that nonappearance shall be deemed to constitute a waiver
of trial by jury.
_ _ § 19.1-194. The clerk of the court in which the trial of a case of felony
is to be had shall, as soon as may be, issue a writ of venire facias directed
to the officer of the court requiring him to summon jurors for such trial
from a list to be furnished him as provided in § 19.1-196.

_ § 19.1-195. Any court in which a person accused of felony is to be
tried, or the judge of such court in vacation, may at any time cause a
venire facias to issue for his trial.

§ 19.1-196. The writ of venire facias in case of felony shall command
the officer to whom it is directed to summon twenty persons of his county
or corporation, to be taken from a list furnished him by the clerk issuing
the writ, who are qualified in all respects to serve as jurors, to attend the
court wherein the accused is to be tried on the first day of the next term
thereof or at such other time as the court or judge may direct.

§ 19.1-197. At one term of the court only one jury shall be summoned,
unless the court or judge thereof otherwise direct; and the jury so sum-
moned may be used for the trial of all the cases which may be tried at
that term, including civil cases as well as felonies and misdemeanors, and
the court or judge shall personally select as many of the jurors as deemed
necessary, whose names appear on the writ of venire facias, who shall
attend court on any day during the term and serve as jurors in the trial of
cases hereinabove referred to.

§ 19.1-198. The list mentioned in § 19.1-196 shall contain the names
of twenty-four persons drawn for that purpose by the clerk of the court
or his deputy from the names and box provided for by §§ 8-182 and 8-184.
Such drawing shall be in the presence of the judge of the court, or in his
absence of one of the commissioners in chancery provided for by Fi 8-187
to 8-189, and a reputable citizen not connected with the accused or the
prosecution, or, in a case of homicide, with the deceased, who shall be
called upon for that purpose by the clerk conducting the drawing. If the
presence of the commissioner cannot be obtained, the drawing shall be in
the presence of two reputable citizens not connected as aforesaid and called
upon by the clerk. The clerk shall notify the commissioner of the time his
attendance is desired and it shall be his duty to attend at such time at the
clerk’s office. The drawing, except as herein otherwise provided, shall
conform as near as may be to the mode prescribed for drawing juries in
civil cases.

§ 19.1-199. For good cause shown in any felony case the judge of the
court, in term time or vacation, may direct more than twenty-four names to
be drawn and placed on the list, and more than twenty persons to be sum-
moned. He shall in such cases specify the number of names to be drawn
and the number of persons to be summoned; the number drawn shall not
be more than four in excess of the number to be summoned.

§ 19.1-200. If there is drawn from the box the name of a person who
has died, removed from the county or city or is related to the accused or to
the prosecutor, or, in case of homicide, to the deceased, or who is known to
the clerk or other persons attending the drawing, if the case be in a circuit
court of a county, to live within two miles of the place where the crime is
charged to have been committed, such name shall not be placed on the list
as they are drawn, and when twenty-four names have been so placed the
drawing shall cease, and a copy of the list shall at once be made and signed
by the clerk and the persons attending the drawing. Such copy shall be filed
in the clerk’s office. However, nothing in this section shall be construed to
relate to the qualifications of jurors or to confer upon any accused any right
to exact compliance with its provisions.
§ 19.1-201. No irregularity in any writ of venire facias, in the draw-
ing, summoning, returning or impanelling of jurors, in making out or
copying or signing or failing to sign the list or in drawing more persons
than four in excess of the number to be summoned shall be cause for sum-
moning a new panel or for setting aside a verdict or granting a new trial,
unless objection thereto specifically pointed out was made before the jury
was sworn, and unless it appears that such irregularity, error or failure
was intentional or such as probably to cause injustice to the Commonwealth
or to the accused; and no judgment shall be arrested or reversed for the
failure of the record to show that there was a venire facias, unless made a
ground of exception in the trial court before the swearing of the jury.

§ 19.1-202. If a person, indicted jointly with others for a felony, elects
to be tried separately, the venire summoned for their trial may be used for
him who is first tried and the court shall award a venire facias for the trial
of the others, jointly or separately, as they may elect.

§ 19.1-203. Every sheriff and city sergeant, after executing a writ of
venire facias for a petit jury, shall prepare a list showing the name, occu-
pation and address of each venireman summoned and shall deliver the list
to the clerk of the court from which such writ is issued. The clerk, upon re-
quest, shall exhibit such list to the parties or counsel; but no inaccuracy in
the list shall constitute error.

§ 19.1-204. In any case of felony when a sufficient number of Jurors
to constitute a panel of twenty free from exception cannot be had from those
summoned and in attendance, or when the venire facias or panel has been
quashed for any cause, the court shall select from the names on the list
provided for by §§ 8-182 and 8-184, the names of, and cause to be sum-
moned, so many persons as may be deemed necessary to obtain a panel of
twenty free from exception; and, if for any reason the list be found to have
been unlawfully, illegally or improperly prepared, the court shall select
from the persons who were eligible to have been placed on the list, and cause
to be summoned, so many persons as may be deemed necessary to obtain a
panel of twenty, free from exception, and the venire thus summoned, in
either such event, may be used for the trial of all criminal cases to be tried
at that term, both felonies and misdemeanors, in the same manner as if the
venire had been obtained according to the provisions of §§ 19.1-196 to
19.1-202.

§ 19.1-205. If any person summoned under any venire facias author-
ized by this chapter fail to attend, as required, without sufficient excuse, he
shall be fined by the court not less than five nor more than fifty dollars.

§ 19.1-206. Jurors drawn or summoned under chapter 11 of Title 8
shall be jurors as well for the trial of cases of misdemeanor as of civil
cases, and all the provisions of that chapter except the provisions of §§ 8-193
to 8-202 and the provisions of § 8-204 which direct the compensation and
mileage of jurors to be paid out of the county or corporation levy (which
excepted provisions shall apply exclusively to jurors and juries in civil
cases) shall extend as well to jurors and juries in cases of misdemeanor as
to jurors and juries in civil cases. And §§ 8-174, 8-175, 8-178, 8-194, 8-199
to 8-201, 8-205 to 8-208, 8-215 and 8-216 shall apply to jurors and juries in
all cases, criminal as well as civil. Eleven jurors shall constitute a panel in
the trial of misdemeanors, but the jury therefor shall be composed of five.

No officer shall be allowed more than one fee for executing writs of
venire facias on the same persons for the same term of court.

§ 19.1-207. In every case of a felony there shall be selected from the
persons summoned, as aforesaid, a panel of twenty persons, free from
exception, from which panel the Commonwealth may strike four and the
accused four, and the remaining twelve shall constitute the jury for the
trial of the accused. The striking off of jurors shall be done alternately, the
Commonwealth beginning. If either the accused or the attorney for the
Commonwealth fail to strike off any, or if they strike off a less number than
above allowed, twelve of the panel, or of those remaining thereon, shall be
selected by lot who shall constitute the jury.

§ 19.1-208. In every case of felony, the Commonwealth shall be al-
lowed four peremptory challenges, and the accused four. In every case of
misdemeanor, whether on an appeal from a court not of record or an orig-
inal trial, the Commonwealth and the prisoner shall each be allowed three
peremptory challenges. No other challenges shall be allowed except for
cause. All challenges shall be tried by the court in which they are made.

§ 19.1-209. Persons indicted for felony who elect to be tried jointly
shall be allowed to strike from the panel not more than four, but should the
accused not agree as to the jurors to be stricken from the panel, the four
jurors to be stricken off shall be ascertained by lot.

§ 19.1-210. A person whose opinions are such as to prevent his con-
victing any one of an offense punishable with death shall not be allowed to
serve as a juror on a trial for such offense.

§ 19.1-211. No person residing within two miles of the place where the
crime is alleged to have been committed shall be allowed to serve as a juror
in any felony case in the circuit court of any county; provided, however,
that the impanelling of such a juror shall not be cause for summoning a new
panel, or for setting aside a verdict or granting a new trial, unless objection
thereto specifically pointed out is made before the jury is sworn; and pro-
vided further, however, that such a juror may be impanelled and serve in
any county having a population in excess of ninety-five thousand or in any
county containing a town, the population of which is more than half the
entire population of the county.

§ 19.1-212. In a criminal case in any court, if qualified jurors, not
exempt from serving, cannot be conveniently found in the county or corpor-
ation in which the trial is to be, the court may cause so many of such jurors
as may be necessary to be summoned from any other county or corporation
by the sheriff or sergeant thereof, or by its own officer, from a list to be
furnished either by the trial judge or by the judge of the circuit court of
the county, or the corporation court of the city, from which the jurors are
to be summoned.

§ 19.1-213. In any case of a felony the jury shall not be kept together
unless the court otherwise directs.

§ 19.1-214. When the jury are kept together the court shall direct its
officers to furnish them with suitable board and lodging, when so confined,
to be paid out of the State treasury, the expense thereof to be determined
by the court, not to exceed, however, for each juror, two dollars for
each meal furnished, and not to exceed ten dollars for lodging. And the
same amount shall be allowed, in either case, for the meals and lodging of
sheriff, or his deputy, keeping such jury, to be paid in the same manner.
But in no case, shall more be paid for meals or lodging than usually charged
by the hotel or boardinghouse at which the jury is lodged.

§ 19.1-215. Whenever a jury is required to be kept together it shall be
deemed a sufficient compliance although the court for good cause permits
one or more of such jurors to be separated from the others, provided all
such jurors, whether separated or not, be kept in charge of officers pro-
vided therefor.

§ 19.1-216. Whenever in the opinion of the court the trial of any crim-
inal] case is likely to be a protracted one, the court may, immediately after
the jury is impanelled and sworn, direct the selection of one or two addi-
tional jurors, to be known as “alternate jurors’. Such jurors shall be
drawn from the same source and in the same manner and have the same
qualifications as regular jurors, and be subject to examination and challenge
as such jurors, except that the Commonwealth shall be allowed one peremp-
tory and the accused person or persons one peremptory challenge. The
alternate jurors shall take the proper oath or affirmation and shall be
seated near the regular jurors with equal facilities for seeing and hearing
the proceedings in the cause and shall attend at all times upon the trial of
the cause in company with the regular jurors. They shall obey all orders
and admonitions of the court and if the regular jurors are ordered to be
kept in the custody of an officer during the trial of the cause, the alternate
jurors shall also be kept with the other jurors and, except as hereinafter
provided, shall be discharged upon the final submission of the cause to the
jury. If before the final submission of the cause, a regular juror dies or is
for good cause discharged or excused, the court shall order the alternate
juror, if there is but one, to take his place in the jury box. If there are two
alternate jurors the court shall select one by lot, who shall then take his
place in the jury box. After an alternate juror is in the jury box he shall be
subject to the same rules as a regular juror and the trial shall otherwise
proceed as if such regular juror had not died or been discharged or excused.

§ 19.1-217. If a juror, after he is sworn, be unable from any cause to
perform his duty, the court may, in its discretion, cause another qualified
juror to be sworn in his place; and in any criminal case, the court may dis-
charge the jury when it appears that they cannot agree in a verdict or that
there is a manifest necessity for such discharge.

§ 19.1-218. Every person summoned as a juror in a criminal case shall
be entitled to five dollars for each day of attendance upon the court and
mileage at the rate of seven cents per mile for each mile of travel on each
day of such attendance (except when they are kept together and their ex-
penses are paid by the State) by most direct route in going to and returning
from court; but such mileage shall in no case exceed four dollars per day;
provided that each juror summoned from one county or city to try a crim-
inal case in another county or city shall for his services, receive his actual
expenses in addition to his per diem. If the same person attend as a juror
in more than one criminal case on the same day he shall receive compensa-
tion and mileage in only one case. Amounts for attendance and mileage
provided for in this section shall be paid out of the State treasury except
as hereinafter provided.

When during the same day a person has served as a juror for which he
is entitled to be paid out of the State treasury, and has also served as a juror
for which he is entitled to be paid out of the county or corporation levy, the
court shall divide equally the pay and mileage for the day between the State
and county or corporation; and the sheriff of the circuit or sergeant of the
corporation or hustings court, at the term of the court during which an
allowance is made or has been made under this section, shall furnish the
clerk of the court with a statement showing the number of names of the
jurors in attendance upon the court and the number of miles, respectively,
of travel, as aforesaid. In every case the claim of the juror for attendance
and for mileage shall be verified by his affidavit.

§ 19.1-219. The compensation, fees, mileage and allowances prescribed
in this article for jurors selected or appointed for the Circuit Court of the
city of Richmond shall be paid by the Commonwealth.

ARTICLE 4
VENUE

§ 19.1-220. Prosecution for offenses committed wholly or in part with-
out and made punishable within this State may be in any county or corpora-
tion in which the offender is found or to which he is sent by any judge,
justice, or court; and if any person shall commit larceny, embezzlement or
robbery beyond the jurisdiction of this State and bring the stolen property
into the same he shall be liable to prosecution and punishment for his
offense in any county or corporation in which he may be found as if the
same had been wholly committed therein; provided, that if any person
shall commit embezzlement within this State he shall be liable to prosecu-
tion and punishment for his offense in the county or city in which the
offense occurred or in the county or city in which he was legally obligated
to deliver the embezzled funds or property.

§ 19.1-221. If a mortal wound or other violence or injury be inflicted
by a person within this State upon one outside of the same, or upon one in
this State who afterwards dies from the effect thereof out of the State, the
offender shall be amenable to prosecution and punishment for the offense
in the courts of the county or corporation in which he was at the time of the
commission thereof as if the same had been committed in such county or
corporation.

§ 19.1-222. An offense committed on the boundary of two counties, or
within three hundred yards thereof, may be alleged to have been committed,
and may be prosecuted and punished, in either county, and any sheriff,
deputy sheriff, or other police officer shall have jurisdiction to make arrests
and preserve the peace for a like distance on either side of the boundary line
between such counties.

§ 19.1-223. If a mortal wound, or other violence or injury, be inflicted,
or poison administered in one county or corporation, and death ensue there-
rom in another county or corporation, the offense may be prosecuted in
either.

§ 19.1-224. A circuit court may, on motion of the accused or of the
Commonwealth, for good cause, order the venue for the trial of a criminal
case in such court to be changed to some other circuit or corporation court
and in like manner the court of a corporation may order the venue to be
changed to some other corporation or circuit court. Such motion when made
by the accused may be made in his absence upon a petition signed and
sworn to by him, which petition may, in the discretion of the judge, be acted
on by him in vacation; and, whenever the mayor of any city, or the sheriff
of any county, shall call on the Governor for military force to protect the
accused from violence, the judge of the corporation court of the city or the
circuit court of the county having jurisdiction of the offense shall, upon a
petition signed and sworn to by the accused, whether he be present or not,
at once order the venue to be changed to the corporation court of a city or
the circuit court of a county sufficiently remote from the place where the
offense was committed to insure the safe and impartial trial of the accused.

§ 19.1-225. When the venue is so changed, the court making the order
may admit the accused to bail and shall recognize the witnesses and the
accused if admitted to bail and the bail be given, to appear on some certain
day before the court to which the case is removed; if the accused be not
admitted to bail or the bail required be not given, the court shall remand
him to its own jail and order its officer to remove him thence to the jail of
the court to which the case is removed, so that he shall be there before the
day for the appearance of the witnesses.

§ 19.1-226. The clerk of the court which orders a change of venue shall
certify copies of the recognizances aforesaid and of the record of the case
to the clerk of the court to which the case is removed, who shall thereupon
issue a venire facias, directed to the officer of such court; and such court
shall proceed with the case as if the prosecution had been originally therein ;
and for that purpose the certified copies aforesaid shall be sufficient.
§ 19.1-227. No person shall, while he is insane, be tried for a criminal
offense; nor shall any person charged with a felony be committed to any
hospital or other institution for the mentally ill except by order of the
court of record, or judge thereof, which has, or would have upon certi-
fication and indictment, jurisdiction of the trial of the case.

_ § 19.1-228. If, prior to the time for trial of any person charged with
crime, either the court or attorney for the Commonwealth has reason to
believe that such person is in such mental condition that his confinement in
a hospital for the insane or a colony for the feeble-minded is necessary for
proper care and observation, the court or the judge thereof may, after hear-
ing evidence on the subject, commit such person, if a white person, to any
State hospital for the insane best adapted to meet the needs of the case and,
if a colored person, to the Central State Hospital, under such limitations as
it may order, pending the determination of his mental condition. In any
such case the court, in its discretion, may appoint one or more physicians
skilled in the diagnosis of insanity, or other qualified physicians, and when
any person is alleged to be feeble-minded may likewise appoint persons
skilled in the diagnosis of feeble-mindedness, not to exceed three, to examine
the defendant before such commitment is ordered, make such investigation
of the case as they may deem necessary and report to the court the condition
of the defendant at the time of their examination. A copy of the complaint
or indictment, attested by the clerk, together with the report of the examin-
ing commission, including, as far as possible, a personal history, according
to the form prescribed by the general board of directors of the State hos-
pitals, shall be delivered with such person to the superintendent of the hos-
pital to which he shall have been committed under the provisions of this
section. As used in this section the term “court” shall be construed to in-
clude courts not of record and courts of record.

§ 19.1-229. If a court in which a person is held for trial see reasonable
ground to doubt his sanity or mentality at the time at which, but for such a
doubt, he would be tried, it shall suspend the trial and it may then proceed
as prescribed in the foregoing section or it may impanel a jury at its bar to
inquire into the fact as to the sanity or mentality of such person.

§ 19.1-280. If any such person so removed to the department for the
criminal insane at the proper hospital is, in the opinion of the superintend-
ent, not insane or feeble-minded, or when such person, if insane, has been
restored to sanity, the superintendent shall give ten days’ notice in writing
to the clerk of the court from which such person was committed and shall
send such person back to the jail or custody from which he was removed,
where he shall be held in accordance with the terms of the process by which
he was originally committed or confined.

§ 19.1-231. If the jury or commission find the accused to be sane at the
time of their verdict, they shall make no other inquiry, and the trial in chief
shall proceed. If the jury find that he is insane or feeble-minded at the time
of their verdict, they shall further inquire whether or not he was insane or
feeble-minded at the time of the alleged offense; if they find that he was
also insane or feeble-minded at the time of the alleged offense the court may
dismiss the prosecution and shall order him to be removed thence to the de-
partment of the criminal insane at the proper hospital, there to be detained
until he is restored to sanity. If they find that he was not insane or feeble-
minded at the time of the alleged offense, but is now insane or feeble-
minded, the court shall order him to be confined in the department for
criminal insane at the proper hospital until he is so restored that he can be
put upon his trial.
§ 19.1-232. The superintendent shall from time to time, or as often as
the court may require, inform the court of the condition of such person
while confined in the hospital.

§ 19.1-233. The experts or physicians skilled in the diagnosis of insan-
ity or feeble-mindedness or the physicians appointed by the court to render
the foregoing professional service shall be paid at the rate of fifteen dollars
per diem and mileage during the attendance upon court in the trial of such
cases. Itemized account of expense, duly sworn to, must be presented to the
court, and when allcwed shall be certified to the Comptroller for payment
out of the State treasury, and be by him charged against the appropriation
made to pay criminal charges. Allowance for the per diem authorized shall
also be made by order of the court, duly certified to the Comptroller for pay-
ment out of the appropriation to pay criminal charges.

§ 19.1-234. If, after conviction and before sentence of any person, the
court see reasonable ground to doubt his sanity or mentality, it may impanel
a Jury or appoint a commission of insanity to inquire into the fact as to his
sanity or mentality and may sentence him or commit him to jail or to a
hospital for the insane, according as the jury or commission may find him to
be sane or insane or feeble-minded.

§ 19.1-235. If any person, after conviction of any crime, or while serv-
ing sentence in the State penitentiary, or any penal institution, or in any
reformatory or elsewhere, is declared by a jury or commission of insanity
to be insane or feeble-minded, he shall be committed by the court to the de-
partment for the criminal insane at the proper hospital, and there kept
until he is restored to sanity; and the time such person is confined in the
department for the criminal insane at the proper hospital shall be deducted
from the term for which he was sentenced to such penal institution, re-
formatory or elsewhere.

§ 19.1-286. The sheriff or sergeant of the court by which any of the
orders as provided for in §§ 19.1-228, 19.1-229, 19.1-231, 19.1-234 or 19.1-
235 shall have been made, or the proper officer of the penitentiary or re-
formatory, shall immediately proceed in the manner directed by § 37-76 to
ascertain whether a vacancy exists in the department for the criminal in-
sane at the proper hospital and until it is ascertained that there is a vacancy
such person shall be kept in the jail of such county or corporation, or in
such custody as the court may order, or in the penitentiary, or in the re-
formatory in which he is confined, until there is room in the department for
criminal insane at such hospital. Any person whose care and custody is
herein provided for shall be taken to and from the hospital to which he was
committed by an officer of the penal institution having custody of him, or by
the sheriff or sergeant of the county or corporation whose court issued the
order of commitment, and the expenses incurred in such removals shall be
paid by such penal institution, county or corporation.

§ 19.1-237. When the superintendent of a State hospital for the insane
shall give notice to the clerk of the court, in pursuance of § 37-93, such
clerk shall issue a precept to the officer of the court, requiring him to bring
the prisoner from the hospital and commit him to jail.

§ 19.1-238. When a prisoner is brought from a hospital and committed
to jail or when it is found by a verdict of another jury that a prisoner,
whose trial or sentence was suspended by reason of his being found to be
insane or feeble-minded, has been restored, if already convicted, he shall be
sentenced, and if not, the court shall proceed to try him as if no delay had
occurred on account of his insanity or feeble-mindedness.

§ 19.1-239. When the defense is insanity or feeble-mindedness of the
defendant at the time the offense was committed, the jury shall be in-
structed, if they acquit him on that ground, to state the fact with their
verdict. If the jury so find the court shall thereupon if it deem his discharge
dangerous to the public peace or safety, order him to be committed to one
of the State hospitals for the insane and be confined there under specia.
observation and custody until the superintendent of that hospital and the
superintendent of any other State hospital or feeble-minded colony shall
pronounce him sane and safe to be at large.

ARTICLE 6
CONDUCT OF THE TRIAL

§ 19.1-240. A person tried for felony shall be personally present dur-
ing the trial. If when arraigned he will not plead or answer and does not
confess his guilt the court shall have the plea of not guilty entered and the
trial shall proceed as if the accused had put in that plea. But for the pur-
poses of this section a motion for a continuance, whether made before or
after arraignment, shall not be deemed to be part of the trial.

§ 19.1-241. In any case in which a person is charged with a felony
and is not represented by counsel, the court, before accepting the plea of
such person, shall by order entered of record appoint an attorney at law to
represent him.

§ 19.1-242. The defendant in any criminal prosecution may plead as
many several matters, whether of law or fact, as he shall think necessary,
and he may file pleas in bar at the same time with pleas in abatement, or
within a reasonable time thereafter; but the issues on the pleas in abate-
ment shall be first tried.

§ 19.1-243. There shall be no plea of benefit of clergy, nor any distinc-
tion between murder and petit treason; but the last mentioned offense shall
be punished as murder.

§ 19.1-244. Approvers shall not be admitted in any case.

§ 19.1-245. On the trial of any case of felony or misdemeanor and
before any evidence is submitted on either side counsel for the Common-
wealth and for the prisoner, respectively, shall have the right to make an
opening statement of their case.

§ 19.1-246. In the trial of all criminal cases, whether the same be
felony or misdemeanor cases, the court may, in its discretion, exclude from
the trial any or all persons whose presence is not deemed necessary.

ARTICLE 7
PROOF; VERDICTS; SENTENCES

§ 19.1-247. In a prosecution for an offense committed upon, relating
to or affecting real estate, or for stealing, embezzling, destroying, injuring
or fraudulently receiving or concealing any personal estate it shall be
sufficient to prove that when the offense was committed the actual or con-
structive possession, or a general or special property, in the whole or any
part of such estate was in the person or community alleged in the indict-
ment or other accusation to be the owner thereof.

§ 19.1-248. No person shall be convicted of felony, unless by his con-
fession of guilt in court, or by his plea, or by the verdict of a jury, accepted
and recorded by the court, or by judgment of the court trying the case
without a jury according to law.

§ 19.1-249. If a person indicted of a felony be by the jury acquitted
of part of the offense charged, he shall be sentenced for such part as he is
so convicted of, if the same be substantially charged in the indictment,
whether it be felony or misdemeanor. If the verdict be set aside and a new
trial granted the accused, he shall not be tried for any higher offense than
that of which he was convicted on the last trial.

§ 19.1-250. If a person indicted for murder be found by the jury
guilty thereof, they shall in their verdict fix the degree thereof and ascer-
tain the extent of the punishment to be inflicted within the bounds pre-
scribed by §§ 18.1-22 and 18.1-23. If the accused confess the indictment to
be true, the court shall hear the case without the intervention of a jury, and
shall ascertain the extent of the punishment within the same bounds and
give sentence accordingly.

§ 19.1-251. On any indictment for maliciously shooting, stabbing,
cutting or wounding a person or by any means causing him bodily injury,
with intent to maim, disfigure, disable or kill him, the jury or the court
trying the case without a jury may find the accused not guilty of the of-
fense charged but guilty of unlawfully doing such act with the intent
aforesaid.

_ § 19.1-252. In a prosecution for grand larceny, if it be found that the
thing stolen is of less value than fifty dollars, the jury may find the accused
guilty of petit larceny.

§ 19.1-253. In a prosecution for petit larceny, though the thing stolen
be of the value of fifty dollars or more, the jury may find the accused guilty ;
and upon a conviction under this or the preceding section the accused shall
be sentenced for petit larceny.

§ 19.1-254. On an indictment for felony the jury may find the accused
not guilty of the felony but guilty of an attempt to commit such felony, or
of being an accessory after the fact; and a general verdict of not guilty,
upon such indictment, shall be a bar to a subsequent prosecution for an
attempt to commit such felony, or of being an accessory after the fact.

§ 19.1-255. When there are several counts in the indictment one or
more of which are faulty, the accused may demur to the faulty count or
counts or move the court to instruct the jury to disregard them. If he does
neither and a general verdict of guilty is found, judgment shall be entered
against the accused, if any count be good, though others be faulty, unless
the court can plainly see that the verdict could not have been found on the
good count. If the accused demurs to the faulty count or moves the court
to instruct the jury to disregard it and his demurrer or motion is overruled
and there is a general verdict of guilty and it cannot be seen on which count
the verdict was founded, if the jury has been discharged, it shall be set
aside; but if it is manifest that it could not have been found on the bad
count, the verdict shall be allowed to stand.

§ 19.1-256. When two or more persons are charged and tried jointly,
the jury may render a verdict as to any of them as to whom they agree.
Thereupon judgment shall be entered according to the verdict; and as to
the others the case shall be tried by another jury.

§ 19.1-257. A person acquitted by the jury upon the facts and merits
on a former trial, may plead such acquittal in bar of a second prosecution
for the same offense, notwithstanding any defect in the form or substance
of the indictment or accusation on which he was acquitted, unless the case
be for a violation of the law relating to the State revenue and the acquittal
be reversed on a writ of error on behalf of the Commonwealth.

§ 19.1-258. A person acquitted of an offense on the ground of a
variance between the allegations and the proof of the indictment or other
accusation, or upon an exception to the form or substance thereof, may be
arraigned again on a new indictment or other proper accusation, and tried
and convicted for the same offense, notwithstanding such former acquittal.

§ 19.1-259. If the same act be a violation of two or more statutes, or
of two or more ordinances, or of one or more statutes and also one or more
ordinances, conviction under one of such statutes or ordinances shall be a
bar to a prosecution or proceeding under the other or others. Furthermore,
if the same act be a violation of both a State and a federal statute a prose-
cution or proceeding under the federal statute shall be a bar to a prosecution
or proceeding under the State statute.

§ 19.1-260. The clerk of the circuit court of each county and of the
circuit, corporation, or hustings court of each corporation shall keep a
register of full and accurate descriptive lists of every person convicted in
his own court of felony or other infamous offense. Such register shall be
kept written up, well indexed. Each list shall be duly attested by such clerk,
and the same shall be open to public inspection at all reasonable hours;
provided, however, that in cities which have both a circuit and a corporation
court such register shall be kept by the clerk of the corporation court only,
but the clerk of the circuit court shall, within ten days from the date of
conviction of any person in his court of any felony or other infamous
offense, deliver to the clerk of the corporation court for record in such
register an attested descriptive list of the persons so convicted in the form
herein prescribed. For the service mentioned in this section the clerks shall
each be entitled to a fee of fifty cents, to be paid out of the State treasury.

Whenever directed so to do by the judge of any court in which the case
has been tried the sheriff, sergeant, or chief of police of such county or
corporation shall cause to be taken the photograph with the records of the
case; provided, however, that the costs of taking such photograph shall not
be paid out of the State treasury.

A duly certified and attested copy of such descriptive list and such
photograph may be used as prima facie evidence of the facts therein stated
or shown in any question of identity.

Such register shall be in the following form:

a a a

, | & LES

s : = BS
2 lee| [8 | Sf |gae

® a=
a | 8s =| * S | 8a [ES
= a wn ~ — > Ton
= Go w 3 Z oo Eo {3 -
“| 8 a | 2 S FS) S% I Scu:
£3) 2.8 -f | & S |} a] s8 | wa |g289
“H ae + ae Se) > > s) aoe?
os oD oO ." oso: 5) fy a T D>
se ns ) ow S A, bo = @ =~, YE {VO Hc
i OM | = | -g8 a3 3} be =o 38 [Ste OOS
4 & J[otim tae 1] 6 '610 [0 Be

§ 19.1-261. The judges of the respective courts shall take care that the
provisions of the preceding section are punctually and properly carried out
by their respective clerks.

CHAP. 10
WITNESSES
ARTICLE 1

IN GENERAL

§ 19.1-262. §§ 8-294 to 8-296, inclusive, shall apply to a criminal as
well as a civil case in all respects, except that a witness in a criminal case
shall be obliged to attend, and may be proceeded against for failing to do
so, although there may not previously have been any payment, or tender
to him of anything, for attendance, mileage, or tolls.
§ 19.1-268. In a criminal case a summons for a witness may be issued
by the attorney for the Commonwealth.

- § 19.1-264. In any case of felony or misdemeanor, the accused may be
sworn and examined in his own behalf, and if so sworn and examined, he
shall be deemed to have waived his privilege of not giving evidence against
himself, and shall be subject to cross-examination as any other witness; but
his failure to testify shall create no presumption against him, nor be the
subject of any comment before the court or jury by the prosecuting
attorney.

§ 19.1-265. Conviction of felony or perjury shall not render the con-
vict incompetent to testify, but the fact of conviction may be shown in
evidence to affect his credit.

§ 19.1-266. No person prosecuted for an offense under Article 2 of
Chapter 6 of Title 18.1 shall be competent to testify against a witness for
the Commonwealth in such prosecution, touching any such offense commit-
ted by him prior to the commencement of such prosecution; nor shall any
witness giving evidence, either before the grand jury or the court in such
prosecution, be ever proceeded against for any such offense committed by
him at the time and place indicated in such prosecution; but such witness
shall be compelled to testify, and for refusing to answer questions, may be
fined by the court a sum not exceeding five hundred dollars, and be im-
prisoned for a term not exceeding six months.

§ 19.1-267. In a criminal prosecution, other than for perjury, or in an
action on a penal statute, evidence shall not be given against the accused of
any statement made by him as a witness upon a legal examination, unless
such statement was made when examined as a witness in his own behalf.
No judge or police justice shall be competent to testify against the accused
in a court of record as to statements made by the accused on his trial by
judge or police justice or on his preliminary examination before such
judge or police justice.

§ 19.1-268. No judge or justice of any court, or clerk of either, or
justice of the peace, or other person having the power to issue warrants
or try cases shall be competent to testify in any criminal or civil proceed-
ing, except proceedings wherein the defendant is charged with perjury,
as to any matter which shall have come before him in the course of his
official duties as such issuing or trying officer.

ARTICLE 2

WITNESSES FROM OR FOR ANOTHER STATE

§ 19.1-269. “Witness” as used in this article shall include a person
whose testimony is desired in any proceeding or investigation by a grand
jury or in a criminal action, prosecution or proceeding.

The word “State” shall include any Territory of the United States
and the District of Columbia.

The word “summons” shall include a subpoena, order or other notice
requiring the appearance of a witness.

§ 19.1-270. If a judge of a court of record in any state which by its
laws has made provisions for commanding persons within that state to
attend and testify in this State certifies under the seal of such court (1)
that there is a criminal prosecution pending in such court or that a grand
jury investigation has commenced or is about to commence, (2) that a
person being within this State is a material witness in such prosecution
or grand jury investigation and (3) that his presence will be required for
a specified number of days, upon presentation of such certificate to any
judge of a court of record in the county or city in which such person is, such
person shall fix a time and place for hearing and shall make an order
directing the witness to appear at a time and place certain for the hearing.

§ 19.1-271. If at such hearing the judge determines that the witness
is material and necessary, that it will not cause undue hardship to the
witness to be compelled to attend and testify in the prosecution or grand
jury investigation in the other state and that the laws of the state in
which the prosecution is pending, or grand jury investigation has com-
menced or is about to commence (and of any other state through which
the witness may be required to pass by ordinary course of travel) will
give to him protection from arrest and the service of civil and criminal
process, the judge shall issue a summons, with a copy of the certificate
attached, directing the witness to attend and testify in the court where
the prosecution is pending, or where a grand jury investigation has com-
menced or is about to commence at a time and place specified in the sum-
mons. In any such hearing the certificate shall be prima facie evidence of
all the facts stated therein.

§ 19.1-272. If the certificate recommends that the witness be taken
into immediate custody and delivered to an officer of the requesting state
to assure his attendance in the requesting state, such judge may, in lieu
of notification of the hearing, direct that such witness be forthwith
brought before him for the hearing; and the judge at the hearing being
satisfied of the desirability of such custody and delivery, for which de-
termination the certificate shall be prima facie proof of such desirability,
may, in lieu of issuing subpoena or summons, order that the witness be
forthwith taken into custody and delivered to an officer of the requesting

§ 19.1-273. If the witness who is summoned as above provided, after
being paid or tendered by some properly authorized person the sum of
ten cents a mile for each mile by the ordinary traveled route to and from
the court where the prosecution is pending and five dollars for each day
that he is required to travel and attend as a witness, fails without good
cause to attend and testify as directed in the summons, he shall be pun-
ished in the manner provided for the punishment of any witness who
disobeys a summons issued from a court of record in this State.

§ 19.1-274. If a person in any state which by its laws has made pro-
vision for commanding persons within its borders to attend and testify
in criminal prosecutions or grand jury investigations commenced or about
to commence in this State is a material witness in a prosecution pending
in a court of record in this State, or in a grand jury investigation which
has commenced or is about to commence, a judge of such court may issue
a certificate under the seal of the court stating these facts and specifying
the number of days the witness will be required. The certificate may in-
clude a recommendation that the witness be taken into immediate custody
and delivered to an officer of this State to assure his attendance in this
State. This certificate shall be presented to a judge of a court of record in
the county in which the witness is found.

§ 19.1-275. If the witness is summoned to attend and testify in this
State he shall be tendered the sum of ten cents a mile for each mile by
the ordinary traveled route to and from the court where the prosecution
is pending and five dollars for each day that he is required to travel and
attend as a witness. A witness who has appeared in accordance with the
provisions of the summons shall not be required to remain within this
State a longer period of time than the period mentioned in the certificate,
unless otherwise ordered by the court.

The judge issuing the certificate prescribed in § 19.1-274 may, by
order, direct the clerk of the court involved to issue such warrant or war-
rants payable out of the State treasury, as may be necessary to make the
tender hereinabove prescribed; and after the entry of such order, such
clerk, upon application of the attorney for the Commonwealth of the
county or city involved, or of the accused, if certificate for the attend-
ance of witness has been issued by such judge on his behalf as authorized
by § 19.1-313, shall issue such warrant or warrants and deliver them to
the said attorney for the Commonwealth, who shall, forthwith, cause such
tender to be made. Upon issuance of any such warrant or warrants said
clerk shall deliver a certified copy of the court’s order to the Comptroller,
and the said warrant or warrants shall be paid out of the State treasury
upon presentation.

Unless and until appropriate forms shall be obtained, such warrants
may be issued on the regular forms provided for the payment of witness
fees and allowances, but in such event the clerk issuing the same shall
make a notation thereon that they were issued pursuant to the provisions
of this section.

§ 19.1-276. If such witness, after coming into this State, fails with-
out good cause to attend and testify as directed in the summons, he shall
be punished in the manner provided for the punishment of any witness
who disobeys a summons issued from a court of record in this State.

§ 19.1-277. If a person comes into this State in obedience to a sum-
mons directing him to attend and testify in this State he shall not while
in this State pursuant to such summons be subject to arrest or the service
of process, civil or criminal, in connection with matters which arose be-
fore his entrance into this State under the summons.

If a person passes through this State while going to another state in
obedience to a summons to attend and testify in that state or while re-
turning therefrom, he shall not while so passing through this State be
subject to arrest or the service of process, civil or criminal, in connection
with matters which arose before his entrance into this State under the
summons.

§ 19.1-278. This article shall be so interpreted and construed as to
effectuate its general purpose to make uniform the law of the states which
enact it.

§ 19.1-279. This article may be cited as the “Uniform Act to Secure
the Attendance of Witnesses from without a State in Criminal Pro-

ceedings”.
CHAP. 11

EXCEPTIONS AND WRITS OF ERROR

§ 19.1-280. A party in a criminal case, or proceeding for contempt.
for whom a writ of error lies in the Supreme Court of Appeals, may ex-
cept to an opinion of the court and tender a bill of exceptions, which, if
the truth of the case be fairly stated therein, the judge shall sign; and it
shall be a part of the record of the case.

§ 19.1-281. If a person sentenced by a circuit or corporation court
to death or confinement in the penitentiary asks for time to apply for a
writ of error, the court shall postpone the execution of its sentence for
such time as it may deem proper.

In any other criminal case wherein judgment is given by any court
and in any case of judgment for a contempt, to which a writ of error lies,
the court giving such judgment may postpone the execution thereof for
such time and on such terms as it deems proper. And in any case after
conviction if the sentence, or the execution thereof, is suspended in ac-
cordance with this section, or for any other cause, the court, or the judge
thereof in vacation, may, and in any case of a misdemeanor shall, let the
prisoner to bail in such penalty and for appearance at such time as the
nature of the case may require. A writ of error from the Supreme Court
of Appeals shall lie to any such judgment refus:zg bail or requiring ex-
cessive bail

{ 19.1-282. A writ of error shall lie in a criminal case to the judg-
ment of a circuit court or the judge thereof, or of a corporatcon court, or
of a hustings court, from the Supreme Court of Appeals. It shall le in
any such case for the accused and if the case be for the violation of any
law relating to the State revenue it shall lie also for the Commonwealth.
And a writ of error shall also lie for any city or town from the Supreme
Court of Appeals to the judgment of any circuit, corporation or hustings
court declaring any ordinance of such city or town to be unconstitational
or otherwise invalid, except when the violation of any such ordinance is
made a misdemeanor by State statute.

$ 19.1-283. To a judgment for a contempt of court a writ of error
shall lie from the Supreme Court of Appeals. This section shall also be
construed to authorize a writ of error to a judgment of a circuit court
rendered on appeal from a judgment of a court not of record or justice of
the peace for contempt.

§ 19.1-284. Any party for whom a writ of error lies may apply there-
for on petition, which shall assign errors. With the petition there shall be
a transcript of record of so much of the case wherein the judgment com-
plained of is as will enable the Court or judge to whom the petition is to
be presented properly to decide on such petition, and enable the Court,
if the petition be granted, properly to decide the questions that may arise
before it. Upon a suggestion of a diminution of the record a writ of
certiorari may be awarded by the Court or judge in vacation.

§ 19.1-285. The petition in a case wherein a writ of error lies from
the Supreme Court of Appeals may be presented to the Court or, in the
vacation of the Court, to any judge thereof.

§ 19.1-286. The Court or any judge to whom a petition is duly pre-
sented, if of opinion that the judgment complained of ought to be re-
viewed, may allow a writ of error, which may operate as a supersedeas
thereto if the Court or judge awarding it so direct, on such terms and
conditions as the Court or judge may prescribe.

§ 19.1-287. The denial of a writ of error by a judge of the Supreme
Court of Appeals, in the vacation of the Court on petition presented to
him, shall not prevent the allowance of the writ by the Court, if by it
deemed proper, on presentation of the petition to the Court at its next
term.
§ 19.1-288. The court from which a writ of error lies shall affirm the
judgment, if there be no error therein, and reverse the same in whole or
in part, if erroneous, and enter such judgment as the court whose error
is sought to be corrected ought to have entered; or remand the cause and
direct a new trial; affirming in those cases where the voices on both sides
are equal.

§ 19.1-289. §§ 8-482, 8-497.1, 8-499, 8-500 and 14-129 shall apply
as well to criminal cases as to civil cases; provided, that in a felony
case in the Supreme Court of Appeals, if the plaintiff in error file with the
clerk of the Court an affidavit that he is unable to pay or secure to be paid
the costs of printing the record in the case, together with a certificate of
the judge of the trial court to the effect that he has investigated the matter
and is of opinion that the plaintiff in error is unable to pay, or secure
to be paid, such costs, the printing shall be done as if the costs had been
paid and the clerk shall not be required to account for and pay the same
into the State treasury; but if the costs be not paid or secured to be paid
and upon the hearing of the case the judgment of the court below be
wholly affirmed by the Supreme Court of Appeals, the Court in affirming
shall also give judgment in behalf of the Commonwealth against the plain-
tiff in error for the amount of the costs to be taxed by its clerk.

§ 19.1-290. The judgment of the Supreme Court of Appeals shall be
certified to the court to whose judgment the writ of error was allowed,
which court, or the clerk thereof in vacation, shall cause the same to be
entered on its order book as its own judgment.

§ 19.1-290.1. Nothing in this chapter shall be deemed to affect in
any way the provisions of §§ 8-1.1 and 8-1.2 of the Code of Virginia or to
amend, modify or supersede any rule or amendment thereto adopted by
the Supreme Court of Appeals of Virginia pursuant to such sections.

CHAP. 12
PUNISHMENT AND EXECUTION OF SENTENCE

§ 19.1-291. The punishment in all criminal cases tried by a jury
shall be ascertained by the jury trying the same within the limits pre-
scribed by law.

§ 19.1-292. The term of confinement in the penitentiary or in jail of
& person convicted of felony, if that punishment is prescribed, and the
amount of the fine, if the felony be also punishable by fine, shall be
ascertained by the jury, if there be one, or by the court trying the case
without a jury, so far as the term of confinement and the amount of the
fine are not fixed by law.

§ 19.1-298. When a person is convicted of petit larceny, and it is
alleged in the indictment on which he is convicted, and admitted, or found
by the jury or judge before whom he is tried, that he has been before
sentenced in the United States for the like offense, he shall be confined
in jail not less than thirty days nor more than one year; and for a third,
or any subsequent offense, he shall be confined in the penitentiary not
less than one nor more than two years.

§ 19.1-294. When any person is convicted of two or more offenses, and
sentenced to confinement, such sentences shall not run concurrently, unless
expressly ordered by the court.

§ 19.1-295. When any person is convicted of a combination of felony
and misdemeanor offenses and sentenced to confinement therefor, in
determining the sequence of confinement, the felony sentence and com-
mitment shall take precedence and such person shall first be committed
to serve the felony sentence.

§ 19.1-296. Every person sentenced by a court to confinement in the
penitentiary shall, as soon as may be, be conveyed to the penitentiary in
the manner hereinafter provided. The clerk of the court in which the person
is sentenced shall forthwith transmit to the superintendent of the
penitentiary a copy of the judgment and if he fail to do so he shall forfeit
one hundred dollars. Upon receiving such copy the superintendent of the
penitentiary shall dispatch a guard to the county or corporation with a
warrant directed to the sheriff authorizing him to deliver the convict,
whose duty it shall be to take charge of the person and convey him to the
penitentiary. If because of the number of persons to be conveyed to the
penitentiary or because there is reason to apprehend an attempt to rescue,
the superintendent shall deem it necessary he may dispatch more than
one guard and make provision for the employment by the guard of persons
to assist him in the performance of his duty. The superintendent shall be
entitled to receive from the State Corporation Commission such certifi-
cates of transportation as he may require in executing the provisions of
this section, and other expenses incurred by him in the execution thereof
he shall pay, the same to be allowed him in the settlement of his accounts;
provided, that the superintendent may in any proper case require the
sheriff of any county or the sergeant of any corporation to deliver such
convict at a railway station designated by the superintendent, to be there
delivered to his authorized agent, and for such services the court of such
county or corporation shall allow the sheriff or sergeant a reasonable com-
pensation, to be paid out of the State treasury.

§ 19.1-297. The Governor shall not grant a pardon in any case
before conviction. In any case in which he shall exercise the power con-
ferred on him to commute capital punishment, he may issue his order to
the superintendent of the penitentiary, requiring him to receive and
confine (and the superintendent shall receive and confine) in the peniten-
tiary, according to such order, the person whose punishment is com-
muted. To carry into effect any commutation of punishment, the Gov-
ernor may issue his warrant directed to any proper officer; and the
same shall be obeyed and executed.

§ 19.1-298. Omitted.

§ 19.1-299. Upon a conviction in a court of record of the charge of
larceny, forgery or uttering or attempting to employ as true such forged
writing, knowing it to be forged, the court may, in its discretion, suspend
sentence during the good behavior of the person convicted, provided that
he has not been previously convicted of a like offense or any felony.

§ 19.1-300. Any court having jurisdiction for the trial of a person
charged with a misdemeanor or charged with an offense under chapter
5 (§ 20-61 et seq.) of Title 20 of the Code of Virginia may, if defendant
is convicted, and if it is made to appear to the court that in the event of his
being sentenced to confinement in jail his dependents may become public
charges, may provide in the sentence for the release of such person from
confinement on the days he is regularly employed under the supervision
of a probation officer or such other suitable person as the court may
designate, and under such conditions as it may fix, and require such person
to pay such portion of any money earned by him as the court may
determine to the court to be used for the support and maintenance of
dependents and payment of fines, if any.

§ 19.1-301. Sentence of death, except for insurrection or rebellion,
shall not be executed sooner than thirty days after the sentence is pro-
nounced.

§ 19.1-302. The superintendent of the state penitentiary, at Rich-
mond, is hereby authorized and directed to provide and maintain a per-
manent death chamber within the confines of the penitentiary. The death
chamber shall have all the necessary appliances for the proper execution
of felons by electrocution. In the death chamber shall be executed all
felons upon whom the death penalty has been imposed. Each execution
shall be conducted by the superintendent or some assistant or assistants
designated by him.

§ 19.1-803. The clerk of the court in which is pronounced the sen-
tence of death against any felon shall, as soon as may be, after such sen-
tence, deliver a certified copy thereof to the superintendent of the peni-
tentiary at Richmond. As soon as practicable thereafter and not less
than fifteen days before the time fixed, in the judgment of the court, for
the execution of the sentence, the superintendent of the penitentiary shall
cause to be conveyed to the penitentiary such condemned felon in the
manner now prescribed by law for the conveyance of felons sentenced to
confinement in the penitentiary, and the superintendent, in his discretion,
may appoint more than one guard to convey the condemned felon, and the
expenses of such guard or guards shall be paid in the manner and under
the requirements now prescribed by law for the conveyance of convicts to
the penitentiary. The superintendent, or the assistants appointed by
him, shall, at the time named in the sentence, cause the felon under
sentence of death to be electrocuted until he is dead unless a suspension of
execution be ordered. At the execution there shall be present the super-
intendent, or an assistant, the surgeon of the penitentiary or his assistant,
and a number of respectable citizens numbering not less than six nor more
than twelve. The counsel for the convict and a minister of the Gospel may
present.

§ 19.1-304. The superintendent shall certify the fact of the execution
of the condemned felon to the clerk of the court by which such sentence
was pronounced, who shall file such certificate with the papers of the
case and enter the same upon the records of the case.

§ 19.1-305. Whenever the day fixed for the execution of a sentence
of death shall have passed without the execution of such sentence and it
shall have become necessary to fix a new date therefor, the court which
pronounced such sentence, or the judge thereof in vacation, shall fix
another day for such execution. The person to be executed need not be
present when such other date 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 such officer shall deliver a copy of the 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 resentence the
convict, but the sentence of death of the court shall be executed on the
day to which the convict has been reprieved.

§ 19.1-306. Should the condemned felon, while in the custody of the
superintendent of the penitentiary, be granted a reprieve by the Governor,
or obtain a writ of error from the Supreme Court of Appeals, or should
the execution of the sentence be stayed by any competent judicial pro-
ceeding, notice of such reprieve or such writ of error or stay of execution
shall be served upon the superintendent of the penitentiary, as well as
upon the condemned felon, and the superintendent shall yield obedience
to the same. In any subsequent proceeding the mandate of the court
having regard to the condemned felon shall be served upon the superin-
tendent of the penitentiary as well as the felon. Should the felon be
resentenced by the court then the proceedings shall be as hereinabove
provided under the original sentence. Should a new trial be granted
such condemned felon after he has been conveyed to the penitentiary,
then he shall be conveyed back to the place of trial by such guard or
guards as the superintendent may direct, their expenses to be paid as is
now provided by law for the conveyance of convicts to the penitentiary.

§ 19.1-806.1. No newspaper or person shall print or publish the
details of the execution of criminals. Only the fact that the criminal was
executed shall be printed or published.

§ 19.1-307. Upon application of the relatives of the person executed
the body after execution shall be returned to their address and at their cost.

CHAP. 13

TAXATION AND ALLOWANCE OF COSTS

§ 19.1-308. Whenever in the discretion of the court it is necessary for
the safekeeping of a prisoner under charge of, or sentence for, crime,
whether the prisoner be in jail, hospital, court or elsewhere, the court
may order the jailer to summon a sufficient guard, and whenever ordered
by the court to do so, the sheriff of any county or city sergeant of any
city shall summon or employ temporarily such person or persons as may
be needed to preserve proper order or otherwise to aid the court in its
proper operation and functioning, and for such guard or other service
the court may allow therefor so much as it deems proper, not exceeding
ten dollars per day for each man, the same to be paid out of the State
treasury, except when payment for such guard is otherwise provided
under the provisions of § 19.1-309 of the Code of Virginia.

§ 19.1-309. The circuit or corporation court, before certifying any
such allowance, shall inquire into the condition of the jail; if it appear that
& guard was necessary because of the insecurity of the jail, it shall order
the allowance to be certified to the board of supervisors or other govern-
ing body of the county or council of the corporation and it shall be
chargeable to such county or corporation; but if otherwise, and the guard
was necessary, the allowance shall be certified for payment out of the
State treasury.

§ 19.1-310. A court may appoint a physician to attend prisoners in its
jail and make him a reasonable allowance, not exceeding seventy-five cents
per day for each day he attends a patient. When he attends more than one
patient a day there may be allowed fifty cents per day for each additional
patient. The governing body of any county or city may, in its discretion,
supplement such allowance to the extent of two dollars and twenty-five
cents per day for the first patient attended on any day. It may also make
an allowance, not to exceed twenty-five dollars, as compensation to any
physician or analytical chemist for making an analysis to discover poison
in any criminal case. Allowances under this section, except the supple-
mental allowance herein provided for, shall be paid out of the State
treasury, except that no allowance shall be made or paid for medicines
furnished such prisoner unless the account therefor is certified by the
physician for the jail to be correct. When any supplemental allowance is
made by the governing body of any county such supplemental allowance
shall be paid out of the county treasury, and when clothing is obtained
for prisoners worked in the chain gang of any county, city or town, such
clothing shall be paid for out of the treasury of such county, city or town.

§ 19.1-311. No compensation shall be allowed hospitals for the treat-
ment of prisoners unless application shall have been made to the super-
intendent of the penitentiary, or to the superintendent of the State farm,
for the admission of prisoners to the hospital wards of such institutions
and such applications shall have been refused, unless the disease, wound
or accident, from which the prisoner is suffering is of such an emergency
kind that immediate treatment in the hospital is necessary, and then only
such amounts shall be allowed to the hospitals as shall have been incurred
before it is practicable to remove the prisoner from the hospital to one of
the institutions above mentioned.

§ 19.1-812. §§ 14-187 to 14-191 inclusive, shall apply to a person
attending as a witness, under a recognizance or summons in a criminal
case, as well as to a person attending under a summons in a civil case,
except that in a criminal case a witness who travels over fifty miles to the
place of attendance shall have for each day’s attendance one dollar,
instead of fifty cents; and a person residing out of this State, who attends
a court therein as a witness, shall be allowed by the court a proper
compensation for attendance and travel to and from the place of his
abode, the amount of the same to be fixed by the court.

§ 19.1-313. Any witness from without the State whose attendance
is compelled under the provisions of chapter 10, article 2 of this title shall
be deemed to render a service within the meaning of § 19.1-315 and the
compensation and expenses of such witness, whether on behalf of the
Commonwealth or the accused, may be paid out of the State treasury in
accordance with the provisions of such section. But the compensation and
expenses of any witness summoned on behalf of an accused shall not be
certified to the State treasury as a compensation under such section except
in cases when the court or judge thereof is satisfied that the defendant is
i bloat means to pay same and is unable to provide the costs incident
ereto.

§ 19.1-314. Payment shall not be made out of the State treasury
to a witness attending for the Commonwealth in any prosecution for a
misdemeanor unless it appears that the sum to which the witness is
entitled cannot be obtained:

(1) If it be a case wherein there is a prosecutor and the defendant is
cohvicted, by reason of the insolvency of the defendant, or

(2) If it be a case in which there is no prosecutor, by reason of the
acquittal or insolvency of the defendant or other cause.

§ 19.1-315. A sheriff or other officer, for traveling out of his county
or corporation but within the State to execute process in a criminal case
and doing any act in the service thereof, for which no other compensation
is provided, shall receive therefor, out of the State treasury, such com-
pensation as the court from which the process issued may certify to be
reasonable. When in a criminal case an officer or any person renders any
other service in the State for which no specific compensation is provided,
the court in which such case is may allow therefor what it deems reason-
able and such allowance shall be paid out of the State treasury from the
appropriation for criminal charges on the certificate of the court stating
the nature of the service. This section shall not prevent any payment
under § 2-199, which could have been made if this section had not been
enacted.

But the amount of compensation to officers for execution of process
outside of the respective counties of such officers shall not exceed the
fees or allowances now provided by law for the execution of process
within the county including the provision for the allowance of mileage for
officers and prisoners within a county. Not more than eight cents per
mile shall be allowed for officers using automobiles for travel, irrespec-
tive of the number of guards or prisoners conveyed in such automobiles.

This section shall not be construed to authorize the payment of an3
additional compensation to a sheriff or other officer who is compensated
for his services by a salary exclusively.

§ 19.1-316. No fee to an attorney for the Commonwealth shall be
payable out of the State treasury, unless it be expressly so provided.

§ 19.1-317. The certificate required by § 14-96, shall, when the pay-
ment is to be to a clerk, be from the court whereof he is clerk, and when
it is to be to a sheriff or other officer, from the court in which the prose-
cution is, or to which a judge of a court not of record shall certify such
expense, as hereinafter mentioned. Any other expense incident to a pro-
ceeding in a criminal case which is payable out of the State treasury
otherwise than under §§ 2-199, 19.1-311, 19.1-313 or 19.1-315 shall be
certified by the court. If it be a judge of a court not of record exercising
jurisdiction, it shall be certified by such judge to the circuit or corporation
court before which he qualified, which court shall certify the same, if it
appears to be correct, to the Comptroller. With the certificate of allow-
ance there shall be transmitted to the Comptroller the vouchers on which
it is made. The court, in passing upon any account for fees or expenses
required to be certified by it under this section, before certifying the
account, may, in its discretion, require proof of the correctness of any
item thereof, notwithstanding the affidavit of the party in whose favor
such account is. In all cases the judge of a court not of record shall file
with his account a copy of the warrant on which his proceedings were had.

§ 19.1-318. The entry of such certificate of allowance shall state
how much thereof is on account of each person prosecuted.

§ 19.1-319. A judge of a court not of record or justice of the peace
before whom there is any proceeding in a criminal case shall certify to
the clerk of the circuit court of his county or the corporation court of his
city, and a judge or court before whom there is, in a criminal case, any
proceeding preliminary to conviction in another court, upon receiving
information of the conviction from the clerk of the court wherein it is,
shall certify to such clerk all the expenses incident to such proceedings
which are payable out of the State treasury.

§ 19.1-320. In every criminal case the clerk of the circuit or corpora-
tion court in which the accused is convicted, or, if the conviction be before
a court not of record, the clerk to which the judge thereof certifies as
aforesaid, shall, as soon as may be, make up a statement of all the
expenses incident to the prosecution, including such as are certified under
the preceding section, and execution for the amount of such expenses
shall be issued and proceeded with; and chapter 14 of this title shall apply
thereto in like manner as if, on the day of completing the statement,
there was a judgment in such court in favor of the Commonwealth
against the accused for such amount as a fine.

§ 19.1-321. If by reason of the failure of a person to present his claim
in due time a sum be not included in such execution which would have
been included if so presented, such claim, unless there be good cause for
the failure, shall be disallowed

§ 19.1-322. (1) Notwithstanding any provision of any charter or
any law to the contrary, any town may provide that any person convicted
of violating any ordinance of the town may be charged, in addition to all
other costs, fines, fees and charges, the costs of transporting such person
so convicted to and from a jail or other penal institution outside the
corporate limits of such town designated by the town as a place of con-
finement for persons arrested for violating the ordinances of the town and
required to be held in jail pending trial upon such charge. The cost of
such transportation shall be taxed as a part of the costs payable by persons
convicted of violating such ordinances and the costs shall be taxed in
accordance with the schedules provided in §§ 14-116 and 14-122 of the
Code of Virginia.

(2) No officer transporting any person convicted of violating any
ordinance of the town, as provided in subsection (1) hereof, shall charge
or be paid, nor shall such town receive directly or indirectly, more than
the cost of transporting such person when more than one person is trans-
ported.

CHAP. 14
RECOVERY OF FINES
ARTICLE 1
PROCEEDINGS TO RECOVER FINES; DEFINITION

§ 19.1-323. Wherever the word “fine” is used in this chapter it shall
be construed to include pecuniary forfeiture, penalty, and amercement.

§ 19.1-824. When any statute imposes a fine, unless it be otherwise
expressly provided or would be inconsistent with the manifest intention of
the General Assembly, it shall be to the Commonwealth and recoverable
by presentment, indictment, or information. When a fine without corporal
punishment is prescribed, the same may be recovered, if limited to an
amount not exceeding twenty dollars, by warrant, and if not so limited,
by motion for judgment under the Rules of Court. The proceedings
shall be in the name of the Commonwealth. No action, suit or proceeding
of any nature, however, shall be brought or had for the recovery of a fine
or costs due the Commonwealth or any political subdivision thereof, unless
within twenty years from the date of the judgment imposing the fine.

§ 19.1-325. Such presentment, indictment or information shall be in
the county or city wherein the offense was committed. Such warrant,
action or motion may be either in the county or city wherein the offense
was committed, or the delinquency occurred, or wherein the offender or
delinquent resides or may be found; and such action or motion may be in
ee circuit court of the county, or the circuit or corporation court of the
city.

§ 19.1-826. Any action or motion under this chapter or under
Chapter 35 of Title 8 or Chapter 8 of Title 41 or Chapter 21 of Title 58 or §
2-62 against the Secretary of the Commonwealth, commissioner of the
revenue, clerk, notary, treasurer, sheriff or collector, or the sureties of
any of them, or against any officer or agent of a bank or joint stock
company, may also be instituted or made, by the Comptroller, in the
Circuit Court of the City of Richmond, after fifteen days’ notice in the case
of such motion.

§ 19.1-327. In every such action or motion except where the recovery
is limited to an amount not exceeding twenty dollars and upon every
presentment, indictment or information, a jury shall be impaneled to try
the facts, if an issue of fact be made by the pleadings or if a jury be
demanded by the defendant. In every case wherein a jury is so impaneled
they shall ascertain the amount of the fine, unless it be fixed by law.
Judgment shall be entered for the amount so ascertained.

ARTICLE 2

JAIL SENTENCES IN CONNECTION WITH FINES

§ 19.1-328. If a person sentenced to be confined in jail a certain time
and afterwards until he pay a fine and costs of prosecution, fail to pay
such fine and costs before the end of such term, he shall continue in con-
finement until the same be paid or his discharge be ordered by the court,
or the judge thereof in vacation, or he be released by reason of the ex-
piration of the limitation for such confinement prescribed by law.

§ 19.1-829. If any person be sentenced to confinement in jail until he
pay a fine and the costs of prosecution, or be confined in jail under a capias
pro fine, the sheriff of the county or the sergeant of the corporation in
whose jail he is confined, may, with the assent in writing of the prisoner,
hire him for such length of time, not exceeding three months, as may be
agreed on, to any person who will agree to pay the whole fine and costs.

§ 19.1-330. The officer shall take from the hirer an obligation to the
Commonwealth, with surety, for the payment of the fine and costs, and
return the same forthwith to the clerk’s office of the circuit court of the
county or corporation court of the city in whose jail the prisoner is con-
fined. The clerk shall endorse on the obligation the date of its return and
from the time it is returned it shall have the force and effect of a judg-
ment, but no execution shall issue thereon until after motion upon notice
to the obligors therein.

§ 19.1-331. If the prisoner refuse to comply with the contract of
hiring, on the affidavit of the hirer a capias pro fine may issue, and the
prisoner be remanded to jail. If the prisoner complies with his contract
of hiring, he shall be discharged from further liability for the fine whether
“ne hirer pays same or not.

_§ 19.1-332. When a person is confined in jail by order of any court
or judge until he pay a fine and the costs of prosecution, or the costs when
there is no fine, or under a capias pro fine, on application to the circuit
court of the county or corporation court of the city where confined, or
to the judge thereof in vacation, such court, or judge in vacation, as the
case may be, if to such court or judge it shall appear proper, may order
the person to be released from imprisonment without the payment of the
fine and costs, or costs when there is no fine, and he shall not thereafter
be imprisoned for failure to pay the fine and costs or costs in that case.
But the attorney for the Commonwealth of the county or city shall have
five days’ notice of such application. _.

§ 19.1-333. Whenever in any case a person is sentenced to jail to
serve out a term of confinement and until he pays a fine and costs, or
costs without fine, or fine without costs, and he has served the specific
term of confinement, or whenever in any case a person is sentenced to
jail until he pay a fine and costs, or costs without fine, or fine without
costs, the circuit court of the county in which such judgment was pro-
nounced, or the judge thereof in vacation, or the hustings or corporation
court of the city exercising criminal jurisdiction in which such judgment
was pronounced, or the judge thereof in vacation, may admit such de-
fendant to bail for his appearance at a future day of such court, or before
the judge thereof in vacation, taking surety therefor, the bail to contain
a provision that the obligors agree and bind themselves, jointly and sev-
erally, to pay such fine and/or costs on the date for his appearance named
in such bail, and in default of the payment of such fine and/or costs on
the day named in such bail, then the court, or judge in vacation, may
without notice to the obligors, enter judgment on such bond in favor of
the Commonwealth of Virginia, or city or town if the fine and/or costs
were imposed for a violation of a city or town ordinance, and direct that
execution be issued thereon forthwith; or, in the discretion of such court
or judge in vacation the defendant may be recommitted to jail there to be
held until he pay such fine and/or costs or until he serve out the time re-
quired by law for the nonpayment of such fine and/or costs.

§ 19.1-334. If a person is confined in jail by order of any court or
judge until his fine and costs, or costs when there is no fine, are paid, or
under a capias pro fine, such confinement shall not exceed five days when
the fine and costs, or costs when there is no fine, are less than five dollars,
when less than ten dollars it shall not exceed ten days, when less than
twenty-five dollars it shall not exceed fifteen days, when less than fifty
dollars it shall not exceed thirty days, and in no case shall the confinement
exceed two months. The jailer, upon commitment, shall note the amount of
fine and costs, or costs when there is no fine, and the date of commitment,
and shall, without further order or direction, release the defendant from
jail promptly upon the expiration of the limitation above prescribed, and
the defendant shall not thereafter be imprisoned for failure to pay the
fine and costs, or costs, in that case; but nothing herein or in the preceding
section shall prevent the issue of a writ of fieri facias after such release
from jail.

ARTICLE 3
REPORTS, ETC., OF FINES AND COSTS

§ 19.1-335. Between the first and tenth day of each month every
county court and every municipal court shall make return of the warrants
in all criminal cases finally disposed of by such court in the preceding
month. Every county court shall make such return to the clerk of the
county, and every municipal court shall make such return to the clerk of
the corporation court of the city, or if there be no corporation court, the
circuit court of the city. Upon every such return shall be itemized the
fine and costs, or costs, if there be no fine, imposed in each case, or other
disposition thereof. Every such county court and municipal court shall,
at the time of making said return, pay to the clerk to whom the return 1s
made any fines and costs shown by the return to be due to the Common-
wealth, for which the receiving clerk shall issue his receipt on the official
form. When the judge of any county court or municipal court acquits the ac-
cused he shall certify the costs of the trial and to whom due; and if he
returns judgment against the prosecutor for costs he shall so state.

§ 19.1-336. Upon receipt of the warrants under the preceding sec-
tion, the clerk of the circuit or corporation court shall file and properly
index the same and, when necessary, issue execution or other proper
process upon those fines and costs, or costs, remaining unpaid as though
such fines and costs had been imposed in his court.

§ 19.1-337. The clerk’s fee for his services under the two preceding
sections as related to Commonwealth cases shall be one dollar and twenty-
five cents upon every such fine and costs, or costs, which fee shall be taxed
and collected as a part of the costs in each case. In cases wherein the
accused is acquitted, or wherein the costs are not collected from the ac-
cused in Commonwealth cases, the clerk’s fee shall be twenty-five cents
only, to be paid out of the State treasury on proper accounts. The clerk’s
fee for filing warrants and summonses for violations of local ordinances
shall be axed as a part of the costs and paid in conformity with § 14-132
of this Code.

ARTICLE 4
COLLECTION AND DISPOSITION OF FINES

§ 19.1-338. In any misdemeanor case tried before a court not of
record in which a fine is imposed on a defendant, or in which the defendant
is required to pay the costs and the same are not paid, the court may, in
its discretion, take security for payment of such fine and costs, or for the
costs alone when there is no fine, such payment to be made within thirty
days from the day of trial. It shall be sufficient to bind such surety that
the judge before whom such case is tried endorse on the warrant the name
of the surety, the amount for which he is bound, and the date of the en-
dorsement; but if no security is given, the defendant may be committed to
jail until such fine and cost, or such costs alone, are paid. If security be
given and payment is not made to the clerk of the court or other proper
collecting officer, the clerk of the court shall issue execution against the
person against whom the judgment is rendered as well as against the
surety in the same manner as is provided by § 19.1-336; but in case the
trial bond is not given as provided in this section, the judge may commit
the defendant to jail until the fine and costs are paid, or until the costs
are paid, when there is no fine, unless sooner discharged by due course
of law.

§ 19.1-889. The circuit or corporation court in which any judgment
for a fine is rendered, going, in whole or in part, to the Commonwealth, or
for a fine going, in whole or in part, to any county, city or incorporated
town upon appeal taken from the decision of a court not of record of such
county, city or town, when the same is affirmed, in whole or in part, may,
of its own motion or at the instance of the attorney for the Commonwealth,
commit the defendant to jail until the fine and costs are paid or until the
costs are paid when there is no fine; or the court or the judge thereof in
vacation may direct the clerk to issue a capias pro fine either before or
after the return of a writ of fieri facias. But, unless so directed, the clerk
shall, immediately after the term is ended, issue a writ of fieri facias, re-
turnable within ninety days, on every judgment for a fine rendered at
such term, or the court may, for good cause shown, direct a writ of fieri
facias to be issued during the term on any such judgment.

§ 19.1-340. If a writ of fieri facias be returned to the clerk’s office
from which it issued under the provisions of § 19.1-339, 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, unless
the court, at such term, for good cause, direct that such capias pro fine
do not issue; and for any failure of the clerk to perform the duties im-
posed on him by this or the preceding section, he shall forfeit twenty dol-
ar

s.

§ 19.1-341. Any writ of fieri facias or capias pro fine on a judgment
for a fine may be directed to the sheriff or sergeant of any county or city,
who shall be entitled to a commission of five per cent, on the amount col-
lected to be paid by the defendant as other costs are paid.

§ 19.1-341.1. The attorney for the Commonwealth shall superintend
the issuing of all executions or judgments for fines going wholly or in
part to the Commonwealth in the circuit court of his county or the corpo-
ration and circuit court of his city.

§ 19.1-341.2. The clerk of the circuit court of every county and city
and the clerk of the corporation court of every city having such court
shall, on or before the thirtieth day of January and the thirtieth day of
July of each year, submit to the judge of his court and to the attorney for
the Commonwealth of his county or city a report of all fines, costs and
forfeitures imposed in his court which remain unsatisfied as of the last
day of the month preceding the month in which such report is made. And
it shall be the duty of the attorney for the Commonwealth to make in-
quiries into the reasons why such fines, costs and forfeitures remain un-
satisfied; and if it appears from such inquiries that any such fines, costs or
forfeitures may be satisfied, the attorney for the Commonwealth forthwith
shall cause proper proceedings to be instituted for the collection and satis-
faction thereof.

§ 19.1-342. A constable or sheriff shall in no case receive any fine
or costs imposed by a court not of record, except under process duly issued,
but the same may be paid in to the court before he commits the defendant
to jail in default of such payment.

§ 19.1-3438. When a defendant has been committed to jail by a court
for failure to pay a fine and the costs, he may pay the same to the clerk
of the court of the county or city in whose jail he is confined.

§ 19.1-344. Although a law may allow an informer or person prose-
cuting to have part of a fine, the whole thereof shall go to the Common-
wealth, unless the name of such informer or prosecutor be endorsed on,
or written at the foot of, the presentment at the time it is made, or of the
indictment before it is presented to the grand jury, or of the information
before it is filed, or of the writ issued in the action, or the process on the
warrant, or the notice of the motion before service of such writ, process,
or notice.

§ 19.1-345. Every sheriff or other officer receiving money under a
writ of fieri facias or capias pro fine shall pay the fine and all costs to the
clerk of the court from which such process issued, on or before the return
day of such process; and if such sheriff or other officer fail to pay the fine
and costs, or fail to return such writ of fieri facias or capias pro fine, he
shall, for every such failure, unless good cause be shown therefor, forfeit
twenty dollars; and the clerk shall, within ten days from the return day
of such process, report the failure to pay such fine and costs, or to return
such process, to the attorney for the Commonwealth, who shall proceed
at once against such officer in default to recover such fine and costs and
the forfeiture aforesaid.

§ 19.1-346. The proceeds of all fines collected for offenses committed
against the State, and directed by section one hundred and thirty-four of
the Constitution of Virginia to be set apart as a part of a perpetual and
permanent literary fund, shall be paid and collected only in lawful money
of the United States, and shall be paid into the State treasury to the credit
of the Literary Fund, and shall be used for no other purpose whatsoever.

§ 19.1-347. Any writ of fieri facias issued under this chapter and the
proceedings on the same shall conform to the writ of fieri facias and pro-
ceedings thereon under Chapter 35 of Title 8.

ARTICLE 5
RECEIPTS FOR FINES

§ 19.1-348. Every officer collecting a fine, fine and costs or costs when
no fine is imposed shall give an official receipt therefor to the person
making the payment, and the clerk of the court shall use the official receipt
in receipting to a court not of record for payments made to the clerk;
and when the fine, fine and costs or costs are collected by executors, the
clerk shall receipt to the officer making payment to him upon the official
receipts.

§ 19.1-349. _The Comptroller shall prepare forms of official receipts
for fines and distribute them to the clerks of the circuit courts of the
counties and cities having no corporation or hustings court and to the
clerks of corporation or hustings courts of the cities, for their use and for
the distribution to the courts not of record of their respective counties and
cities.

The forms shall be as prescribed by the Comptroller. Each form
shall be numbered and properly authenticated by the Comptroller. Hach
receipt form shall bear the date of issue, name of person to whom receipt
is given, name of person making payment and amount paid, to be written
by the officer to whom the payment is made. A record of the disposition
of each receipt form shall be maintained as prescribed by the Comptroller.

Receipt forms shall be accompanied by instructions from the Comp-
troller for their use. A receipt in any other form shall not be valid against
the Commonwealth.

§ 19.1-350. If any officer misuse, misappropriate, or wilfully fail to
return or account for, a fine collected by him he shall be deemed guilty of
embezzlement and shall be punished as for the embezzlement of public
funds and the failure, without good cause, to produce or account for any
receipt form received by him shall be prima facie evidence of his em-
bezzlement of the amount represented thereby.

ARTICLE 6
RELIEF FROM FINES

§ 19.1-351. No court shall remit any fine, except for a contempt, which
the court during the same term may remit either wholly or in part. This
section shall not impair the judicial power of the court to set aside a verdict
or judgment, or to grant a new trial.

§ 19.1-352. The Governor shall have power, in his discretion, to remit,
in whole or in part, fine and penalties, in all cases of felony or misdemeanor,
after conviction, whether paid into the State treasury or not, except when
judgment shall have been rendered against any person for contempt of
court, for nonperformance of or disobedience to some order, decree or
judgment of such court, or when the fine or penalty has been imposed by
the State Corporation Commission, or when the prosecution has been
carried on by the House of Delegates. The Governor may, in his discretion,
remit, refund or release, in whole or in part, any forfeited recognizance
or any judgment rendered thereon, provided, in the opinion of the Gov-
2rnor, the evidence accompanying such application warrants the granting
of the relief asked for. But the provisions of the three following sections
and § 19.1-357 shall be complied with as a condition precedent to such
action by the Governor; provided, that when 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 imposed and judgment
rendered, that to enforce the same against the estate, real or personal, of
the decedent, would impose hardship upon his widow and children. In any
case when the Governor remits, in whole or in part, a fine, if the same has
been paid into the State treasury, on the order of the Governor such fine
or so much thereof as is remitted shall be paid by the State Treasurer, on
ae ranean of the Comptroller, out of the fund into which the fine was
paid.

19.1-353. Such person or his personal representative, as the case
may be, shall file a petition in the clerk’s office of the circuit court of the
county, or circuit or corporation court of the city, wherein such fine was
imposed, or such liability established, at least fifteen days before the term
of the court at which the same is to be heard, and shall set forth the
grounds upon which relief is asked. Ten days’ notice thereof in writing
shall be given to the attorney for the Commonwealth of the county or city.

§ 19.1-354. The attorney for the Commonwealth, at or before the
hearing of such petition, shall file an answer to the same. He shall cause
to be summoned such witnesses and shall introduce all such testimony as
may be necessary and proper to protect the interest of the Commonwealth ;
and the petitioner may cause to be summoned such witnesses and shall
introduce all such testimony as may be necessary and proper to protect
his interest.

§ 19.1-355. The court wherein such petition is filed shall hear all such
testimony as may be offered, either by the petitioner or attorney for the
Commonwealth, and after the evidence has been heard shall cause to be
made out by the clerk of the court a certificate of the facts proved, and
file with the same an opinion, in writing, as to the propriety of granting
the relief prayed for.

§ 19.1-356. All proceedings had before the court under the provisions
of the three preceding sections shall be according to the course of the com-
mon law practice, except that no formal pleadings shall be necessary.

§ 19.1-357. Whenever application shall be made to the Governor by
or on behalf of any person desiring to be relieved, in whole or in part, of
any such fine or penalty, the petition, answer, certificate of facts, and
opinion of the court provided for in §§ 19.1-353, 19.1-354 and 19.1-355,
duly authenticated by the clerk of the court, shall accompany the applica-
tion, which shall be in writing. In all cases in which the Governor shall
remit a fine or penalty he shall issue his order to the clerk of the court by
which such fine or penalty was imposed; or if such fine was imposed by a
court not of record, to the clerk of the court of the county or to the clerk
of the corporation court of the city, in which the judge of such court not
of record holds office, and such court shall, at its next term, or imme-
diately, if then in session, cause such order to be spread upon the law order
book of its court; and the clerk of such court shall immediately, upon the
receipt of such order, mark the judgment for such fine or penalty, and
costs, or so much thereof as the person may have been relieved of, “re-
mitted by the Governor’, upon the judgment lien docket of the court of
the county or city in which it may have been recorded. The Governor
shall communicate to the General Assembly at each session the particulars
of every case of fine or penalty remitted, with his reason for remitting the
same.
§ 19.1-358. _if any property be seized as forfeited for a violation of

any of the provisions of this Code, and a different mode of enforcing the
forfeiture is not prescribed, in order to enforce the same the attorney for
the Commonwealth for the county or city wherein the forfeiture was in-
curred shall file in the clerk’s office of the circuit court of his county or
corporation court of his city an information in the name of the Common-
wealth against such property by name or general designation.
§ 19.1-359. The information shall allege the seizure, and set forth
In general terms the causes or grounds of forfeiture. It shall also pray
that the property be condemned as forfeited to the Commonwealth and be
sold and the proceeds of sale disposed of according to law, and that all
persons concerned in interest be cited to appear and show cause why the
property should not be condemned and sold to enforce the forfeiture.

_ § 19.1-360. If the proceeding be instituted by an informer, he shall
sign and swear to the information. The attorney for the Commonwealth
also shall sign it, but if the law on which the proceeding is based contains
no provisions as to informers, the signature of the attorney for the Com-
monwealth alone shall be sufficient.

__ § 19.1-361. Upon the filing of the information, the clerk shall forth-
with issue a warrant directed to the sheriff, sergeant, policeman or con-
stable of the county or city, commanding him to take the property into
his possession and hold the same subject to further proceedings in the
cause. If from any cause the warrant be not executed, other like warrants
may be successively issued until one be executed.

§ 19.1-362. The officer serving the warrant shall take the property
into his possession and forthwith return the warrant and report to the
clerk in writing thereon his action thereunder.

: 19.1-363. As soon as the warrant has been executed and returned,
the clerk shall issue a notice reciting briefly the filing of the information,
the object thereof, the issuing of the warrant and the seizure of the prop-
erty thereunder, and citing all persons concerned in interest to appear on
a day fixed on said notice which date shall not be less than ten days from
the date of such notice, and show cause why the prayer of the information
for condemnation and sale should not be granted. He shall, at least ten days
before the day fixed by the notice for appearance, post a copy of the notice
at the front door of the courthouse of his county or city. Such posting
shall be sufficient service of the notice on all persons concerned in in-
terest, except as provided in §§ 19.1-363.1 and 19.1-363.2.

§ 19.1-863.1. If the property so seized be a motor vehicle required
by the motor vehicle laws of Virginia to be registered, the attorney for
the Commonwealth shall forthwith notify the Commissioner of the Di-
vision of Motor Vehicles, by certified mail, of such seizure and the motor
number of the vehicle so seized, and the Commissioner shall promptly
certify to such attorney for the Commonwealth the name and address of
the person in whose name such vehicle is registered, together with the
name and address of any person holding a lien thereon, and the amount
thereof. The Commissioner shall also forthwith notify such registered
owner and lienor, in writing, of the reported seizure and the county or city
wherein such seizure was made.

The certificate of the Commissioner, concerning such registration and
lien shall be received in evidence in any proceeding, either civil or criminal,
under any provision of this chapter, in which such facts may be material
to the issue involved. ,

§ 19.1-363.2. The owner of and all persons in any manner then in-
debted or liable for the purchase price of the property, if such property
be a conveyance or vehicle of any kind, and any person having a lien
thereon, if they be known to the attorney who files the information, shall
be made parties defendant thereto, and shall be served with notice in the
manner provided by law for serving a notice, at least ten days before the
date therein specified for the hearing on the information, if they be resi-
dents of this State; and if they be unknown or nonresidents, or cannot
with reasonable diligence be found in this State, they shall be deemed
sufficiently served by publication of the notice once a week for two suc-
cessive weeks in some newspaper published in such county or city, or if
none be published therein, then in some newspaper having general circu-
lation therein, and a notice shall be sent by registered mail of such seizure
to the last known address of the owner of such conveyance or vehicle.

§ 19.1-364. If the owner or lienor of the seized property shall desire
to obtain possession thereof before the hearing on the information filed
against the same, such property shall be appraised by the clerk of the court
where such information is filed.

The sheriff of the county or the sergeant of the city in which the
trial court is located shall promptly inspect and appraise the property,
under oath, at its fair cash value, and forthwith make return thereof in
writing, to the clerk’s office of the court in which the proceedings are
pending, upon the return of which the owner or Jienor may give a bond
payable to the Commonwealth, in a penalty of the amount equal to the
appraised value of the conveyance or vehicle plus the court costs which
may accrue, with security to be approved by the clerk, and conditioned
for the performance of the final judgment of the court, on the trial of the
information, and with a further condition to the effect that, if upon the
hearing on the information, the judgment of the court be that such prop-
erty, or any part thereof, or such interest and equity as the owner or
lienor may have therein, be forfeited, judgment may thereupon be en-
tered against the obligors on such bond for the penalty thereof, without
further or other proceedings against them thereon, to be discharged by the
payment of the appraised value of the property so seized and forfeited
and costs, upon which judgment, execution may issue, on which the clerk
shall endorse, “‘no security to be taken”. Upon giving of the bond, the
property shall be delivered to the owner or lienor.

§ 19.1-365. If the property seized under the warrant be perishable
or liable to deterioration, decay, or injury by being detained in custody
pending the proceedings the court or the judge thereof in vacation may
order the same to be sold upon such notice as he in his discretion may
deem proper and hold the proceeds of sale to abide the event of such pro-
ceedings.

§ 19.1-866. Any person concerned in interest may appear and make
defense to the information, which may be done by answer on oath. The
fact that the person by whom the property was used in violating the law
has not been convicted of such violation shall be no defense. The informa-
tion shall be independent of any proceeding against such person or any
other for violation of law. Unless otherwise specifically provided by law,
no forfeiture shall extinguish the rights of any person without knowl-
edge of the illegal use of such property who is the lawful owner or who
has a lien on the same which has been perfected in the manner provided
by law.

§ 19.1-367.. When the case is ready for trial, such issues of fact as
are made by the pleadings, or as the court may direct, shall be tried by a
jury, unless a trial by jury be dispensed with by consent of parties; in
which case, the court shall determine the whole matter of law and fact.

§ 19.1-368. If the forfeiture be established, the judgment shall be
that the property be condemned as forfeited to the Commonwealth and
further that the same be sold, unless a sale thereof has been already made
under § 19.1-365. If such sale has been made, the further judgment shall
be against the proceeds. If the property condemned has been delivered to
the claimant under § 19.1-364 such further judgment shall be against the
obligors in the bond for the penalty thereof to be discharged by the pay-
ment of the appraised value of the property, upon which judgment, process
of execution shall be awarded and the clerk shall endorse thereon, “No
security is to be taken”.

§ 19.1-369. Any sale ordered in the cause shall be made for cash,
after due advertisement, and shall vest in the purchaser a clear and abso-
lute title to the property sold.

§ 19.1-370. The proceeds of sale, and whatever may be realized on
any bond given under § 19.1-364, shall be disposed of by the court accord-
ing to the rights of the parties.

__§ 19.1-371. Expenses and costs incurred in the proceedings shall be
paid as the court, in its discretion, shall determine; except that no costs
shall be adjudged against the Commonwealth.

§ 19.1-372. For the purpose of review on a writ of error or super-
sedeas, a final judgment or order in the cause shall be deemed a final
judgment or order in a civil case (not in chancery) within the meaning of

§ 19.1-373. Except in cases where the forfeiture incurred is enforce-
able according to the preceding sections of this article, and except also in
other cases where it is otherwise specially provided, whenever any prop-
erty is forfeited to the Commonwealth by reason of the violation of any
law, the court before which the offender is convicted shall order the
sheriff of the county, or sergeant of the city, to sell the same. The sale
shall be at such time and place, and after such notice at the courthouse
door, as in the case of property levied on, and the clerk shall make return
to the Comptroller and the officer account for and pay the proceeds of
sale as in the case of a pecuniary forfeiture.

3. This act shall become effective on July 1, 1960.