An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Law Body
CHAP. 249.—An ACT to provide a uniform mode of procedure in all
cases of application to the General Assembly of Virginia for relief
from any fine, forfeiture or amercement, or from any liability as
Sheriff, Collector, Treasurer or other officer of the Commonwealth
of Virginia, or from any liability as bail or as surety for any Sheriff,
Collector, Treasurer or other officer of the Commonwealth of Vir-
ginia.
Approved March 9, 1880.
1. Be it enacted by the general assembly of Virginia, That
from and after the passage of this act any person applying to
the general assembly of Virginia to be relieved from any fine,
forfeiture or amercement, or from any liability as sheriff, col-
lector, treasurer or other officer of the commonwealth of Vir-
ginia, or from any liability as bail or as surety for any sheriff,
collector, treasurer or other officer of the commonwealth of
Virginia, shall do so in the manner hereafter provided.
2. Any person desiring to make application to the general
assembly of Virginia for such relief as is proposed in the first
section of this act, shall file a petition in the clerk’s office of
the circuit court of the county or corporation in which the peti-
tioner resides; or if the fine, forfeiture or amercement has been
imposed, or liability as sheriff, collector, treasurer or other
officer of the commonwealth has accrued in some county or
corporation other than that of the residence of the petitioner,
then said petition shall be filed in the clerk’s office of the cir-
cuit court of the county or corporation wherein such fine was
imposed or such liability accrued; said petitioner shall set
forth the grounds upon which he prays for relief.
3. Said petition shall be filed in the clerk’s office at least
fifteen days before the term of the court at which the same is
to be heard, and at least ten days’ notice in writing shall be
given to the attorney for the commonwealth of said county or
corporation that such petition has been filed.
4. It shall be and is hereby made the duty of the attorney
for the commonwealth of the county or corporation wherein
said petition is filed, at or before the hearing of said petition,
to 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 common
wealth; and the petitioner shall on his part have the right tc
cause to be summoned such witnesses, and shall introduce al!
such testimony as may be necessary and proper to protect his
interest.
5. The court wherein such petition shall be filed shall hear
all such testimony as may be offered, either by the petitioner or
commonwealth’s attorney, 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 shall file with the same an
opinion, in writing, as to the propriety and justness of granting
the relief prayed for.
6. All proceedings had before the court under the provisions
of this act shall be according to the principles of common-law
practice, except that no formal pleadings shall be necessary.
7. Whenever a bill or joint resolution shall be presented to
either house of the general assembly for the purpose of reliev-
ing any person in whole or in part from any fine, forfeiture, or
amercement, or from any liability as sheriff, collector, treasu-
rer, or other officer of the commonwealth of Virginia, or from
any liability as bail, or as surety for any sheriff, collector, trea-
surer, or other officer of the commonwealth of Virginia, the peti-
tion, answer, certificate of facts and opinion of the court here-
inbefore provided for, duly authenticated by the clerk of said
court, shall accompany said bill or joint resolution, and be refer-
red along with the same to the committee to which the bill or
joint resolution is referred ; and should said bill or joint reso-
lution be reported to either house, said petition, answer, certifi-
cate of facts and opinion of the court shall be returned with
said bill or joint resolution to the house in which the bill or
joint resolution was first presented. Should said bill or joint
resolution pass either house of the general assembly, when the
same is transmitted to the other house it shall be accompanied
with the petition and other papers hereinbefore provided for.
¢