Chap. 385.—An ACT to amend and re-enact sections 718, 721, 723, 738, and 743,
and to repeal sections 735 and 737 of the Code of Virginia.

Approved December 10, 1903.

1. Be it enacted by the general assembly of Virginia, That sections
seven hundred and eighteen, seven hundred and twenty-one. seven hun-
dred and twenty-three. seven hundred and thirty-cight, and seven hun-
dred and forty-three, be amended and re-enacted so as to read as fol-
lows:

$718. Within thirty days after every trial the justice shall certify to
Vie clerk of the cireuit court of his county or corporation court of his
corporation the amount of every fine imposed by him, together with the
costs, and whether the same has been paid. When he acquits the accused
he shall certify the costs of the trial and to whom duce; and if he rendered
judgment against the prosecutor for costs, he shall so state. After such
certificate has been made the State shall be liable to the officers thereto
entitled for one-half only of their lawful fecs remaining unpaid as shown
by said certificate. If any justice fail to return such certificate within
said time without good cause, he shall forfeit twenty dollars.

§ 721. Duty of attorneys for Commonwealth as to fines; to proceed
against officer and his sureties; judgment.—At the terms of the circuit
and corporation courts, held on or next succeeding the first day of Jan-
uary and July in each year, the attorney for the Commonwealth shail
examine the book required to be kept by section seven hundred and nine-
teen, and whenever it appears that a writ of fieri facias or capias pro fin:
has been delivered to an officer for ninety days and has not been returned,
or, if returned “satisfied,” it does not appear that the fine and cost=
have been paid to the clerk of the court, such attorney shall at once
apply to the court for, and the court shall issue, a rule against the officer
and the sureties on his official bond, returnable to the next term, to show
cause against a judgment for the amount of the fine and costs; and
upon the return of the rule executed, unless good cause be shown against
it, the court shall render judgment against the officer and his sureties for
a fine of ten dollars, and for the amount of the fine and costs imposed by
the justice, and the costs of the rule, including a fee of two dollars and a
half to the attorney for the Commonwealth, which shall be his only com-
pensation. For every failure of an attorney for the Commonwealth to
Senin said books and make such application, he shall be fined ten dol-
ars.

§ 723. Justices to pay fines to clerks.—If any fine is received by the
justice imposing it, he shall pay the same, with the costs, within thirty
days thereafter, to the clerk of the circuit court of his county or corpora-
tion. For a failure to make such payment within said time, without
good cause, he shall forfeit twenty dollars, which, together with th.
money s0 received, may be recovered by motion.

§ 738. Relief from fines.—The governor shall have power, in his dis-
cretion, to remit, in whole or in part, fines and penalties, whether here-
tofore or hereafter imposed, in all cases of felony or misdemeanor, after
conviction, except where judgment shall have been rendered against any
person for contempt of court, for non-performance of or disobedience te
some order, decree, or judgment of said court, or where the fine or pen-
alty has been imposed by the State corporation commission, or where the
prosecution has been carried on by the house of delegates: provided, ir
the opinion of the governor, the evidence accompanying such applica
tion warrants the granting of the relief asked for. But the provision:
of sections seven hundred and thirty-nine, seven hundred and forty
seven hundred and forty-one, and seven hundred and forty-three of the
Code of Virginia shall be complied with as a condition precedent to sucl
action by the governor.

§ 743. Course of proceeding when relief asked of the governor.—
Whenever application shall be made to the governor by or on behalf o
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 sections seven hundred and thirty-nine, seven hun-
dred and forty, and seven hundred and forty-one, duly authenicated hy
the clerk of said court, shall accompany the application, which shall be
in writing. In all cases in which the governor shall remit a fine or pen-
alty 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 justice of the
peace, to the clerk of the circuit court of the county or to the clerk of the
corporation or hustings court of the city, in which said justice holds of-
fice, and said court shall, at its next term, or immediately, 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, “remitted 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 com-
municate to the general assembly at each session the particulars of every
case of fine or penalty remitted, with his reasons for remitting the same.

2. Be it further enacted, That sections seven hundred and thirty-five
and seven hundred and thirty-seven of the Code of Virginia be, and the
same are hereby, repealed.

3. This act shall be in force on and after February first, nineteen hun-
dred and four.