Chap. 626.—An ACT to amend and re-enact sections 4071, 4074, and 4075 of
the code of Virginia, in relation to the confinement in’ jail and release
therefrom of persons sentenced or directed by a court or justice to be con-
tined therein, in default of the payment of a fine or fine and cost, or cost
where there is no fine, or until such fine, or fine and cost be paid, and the re-
lease from jail of persons in jail under capias pro fine.

Approved March 8, 1896.

1. Be it enacted by the general assembly of Virginia, That sec-
tions forty hundred and seventy-one, forty hundred and seventy-four,
and forty hundred and seventy-five of the code of Virginia be amen-
ded and re-enacted so as to read as follows:

§ 4071. How sentence of confinement in jail ‘until fine paid is ex-
ecuted; limitation of confinement.—If a person sentenced to be
confined in jail acertain time and afterwards until he pay a fine
and costs of prosecution, fail to pay such fine and costs before the
end of said term he shall continue in confinement 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 expiration of the
limitation for such confinement prescribed by law.

§ 4074. How person confined in jail by court or justice until fine
is paid, or under capias pro fine, released.—When a person is con-
fined in jail by order of any court or justice until he pay a fine and
the costs of prosecution, or the costs where there is no fine, or under
a capias pro fine on application to the county or corporation court
of the county or city where confined, or to the judge thereof in vaca-
tion, 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 re-
leased from imprisonment without the payment of the fine and costs,
or costs where there is no fine, and he shall not thereafter be impris-
oned for failure to pay the fine and costs or costs in that case; pro-
vided, however, that the attorney for the commonwealth of said
county or city shall have five days’ notice of such application.

§ 4075. How person confined in jail by court or justice until fine
is paid released; limitation of confinement.—If a person is confined
in jail by order of any court or justice until his fine and costs, or
costs where there is no fine, are paid, or under a capias pro fine, such
confinement shall not exceed ten days when the fine and costs, or
costs where there is no fine, are less than five dollars; when less
than ten dollars it shall not exceed twenty days; when less than
twenty-five dollars it shall not exceed one month; when less than
fifty dollars it shall not exceed two months; and in no case shall
the confinement exceed three months. The jailer, upon commit-
ment, shall note the amount of fine and costs, or costs where there
is no fine, and the date of commitment, and shall, without further
order or direction, release the defendent from jail promptly upon
the expiration of the limitation above prescribed, and said defend-
ant 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 re-
lease from jail.
2. This act shall be in force from its passage.