Chap. 480.—An ACT to amend and re-enact sections 18, 20, 21 and
22, of the Code of 1873, in relation to the recovery of fines.

Approved March 6, 1886.

1. Be it enacted by the general assembly of Virginia, That
sections eighteen, twenty, twenty-one and twenty-two, of chap-
ter forty-one of the Code of one thousand eight hundred and
seventy-three, be amended and re-enacted, so as to read as
follows: : ° |

$18. For the services of the clerk, under the three preceding
sections, his fee shall be one dollar upon every such fine, which
fee shall be taxed in the bill of costs, and paid to the.clerk (out
of the public treasury).

§ 20. Upon receipt of the list aforesaid, the auditor of public
accounts shall charge fines therein mentioned, as follows: He
shall debit the clerk with all which shall have been paid into
court, and with all which have been returned satisfied by the
sheriff or other officers; and also with the amount of any for
which an execution shall have been returnable on or before the
last day of August, and not returned.
§ 21. Such clerk shall thereupon be liable for the money so
charged to him, and shall account for and pay it at the time, in
the manner, under the penalties, and with the commissions pre-
scribed as to money received by such clerk under the thirty-
sixth chapter. And every sheriff or other officer recéiving mo-
ney under an execution, or capias pro fine issued in accordance
with the provisions of this chapter, shall pay the fine and all
cost, payable out of the public treasury 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
said fine and cost, or fail to return such execution or capias pro
fine, such officer shall, for every such failure (unless good cause
be shown therefor), forfeit twenty dollars; and it shall be the
duty of the clerk, within ten days from the return day of such
process, to report the failure to pay said fine and cost, or to re-
turn such process to the attorney for the commonwealth, who
shall proceed at once, in the manner now provided by law,
against such officer in default, to recover such fine and cost,
and the forfeiture aforesaid.

§ 22. If any clerk shall pay any amount so charged to him,
and it shall afterwards appear by the return on the execution
therefor that nothing was received thereon, or that the officer
returning the process satisfied and his secureties are insolvent,
the auditor of public accounts may certify the facts to the second
auditor, who shall thereupon issue a warrant on the treasury to
refund the money so paid.

2. This act shall be in force from its passage.