Chap. 124.-An ACT to provide for official receipts for fines.

Approved March 12, 1904

1. Be it enacted by the general assembly of Virginia, That every
officer collecting a fine shall give an official receipt or receipts therefor tc
the person paying the same, and when the fine is collected by execution
the clerk of the court, on receiving the same from the officer who made
the collection, shall give such receipt to said officer. Any officer failing
to give such receipt shall be liable to a fine of double the amount of the
fine imposed, one-half of which shall go to the informer.

2. Forms for such official receipts shall be prepared by the auditor of
public accounts, who shall distribute them among the clerks of the cir.
cuit courts of the counties and corporation courts of the cities of thi:
State for their own use, and for distribution among the justices of theit
respective counties and corporations. The forms shall be in books of
such sizes as may be convenient, and each book and form shall be num.
bered and properly authenticated by the auditor. Each receipt form
shall be for a designated sum, and for each form there shall be a stub fo1
the same number and for the same sum on which the date and name o!
the person to whom the detached receipt was given shall be entered bj
the officer issuing the receipt. The delivery of the receipts shall be at.
tested on the stub by the signature of the person to whom it was given
and the signature of any such person who is unable to write shall be wit
nessed by some person who shall not be an officer.

The receipt forms and stubs above provided for shall be in substanc
as follows:

RECEIPT.

No. 1. Date.............. , 19
$10. This is to certify that oo... ceeeeeee seen. has paid me tet
dollars, being a fine imposed according to law.

Countersigned by

STUB.
No. 1. Date................ , 19
$10. Receipt for ten dollars.
Fine imposed upon ......... cece cece cence nce e eens

I hereby acknowledge having received a receipt for the above fine o
ten dollars.
3. In January and July of each year the clerk of the circuit court of
each county shall produce the receipt forms in his possession before the
board of supervisors of his county, with a statement, which statement
shall be verified and corrected if necessary by the board of supervisors,
after which it shall be countersigned by the chairman of the board, who
shall then transmit it to the auditor of public accounts. The clerk of
the corporation court of each city shall proceed in like manner before the
city councils for their respective corporations, who shall examine, correct,
and countersign the statement of the clerk and transmit il to the auditor
of public accounts. The said statement, in addition to showing the re-
ceipt forms in the possession of the clerk, shall show what forms have
been distributed by him among the justices of his county or corporation
since the last accounting. Any receipt not properly accounted for shall
be reported by the auditor of public accounts to the Commonwealth’s
attorney for the county or corporation of the delinquent clerk.

4, In January and July of each year every justice of each county and
corporation on the same day when the clerk’s statement is verified shall
produce the receipt forms in his possession, and the stubs of the receipts
issued by him since the last accounting, before the clerk from whose
office he received the same, and if it appear that the amount represented
by any receipt issued by the justice has not been accounted for, the clerk
shall report the same to the Commonwealth’s attorney for his county or
corporation.

5. Due notice in writing, not less than five days in advance, unless
such notice be waived in writing, or by the attendance of the clerk, shall
be given to the clerk by the board of supervisors, or by the clerk of the
city council when the notice is to the clerk of the corporation court, of the
time and place for the production of his receipt forms and statement as
above provided; and notice shall be given in like ‘manner to the justices
by the clerks of the circuit court of each county and corporation court
of each city. Any clerk or justice failing, without good cause, to attend,
as provided by the notice, shall be liable to a fine of twenty dollars, re-
coverable by motion of the Commonwealth’s attorney before the circuit
or corporation court of the county or corporation in which such failure
occurred, or in which the delinquent officer resides. The chairman of the
hoard of supervisors or the clerk of the city council, as the case may be,
shall notify the Commonwealth’s attorney of the county or city of such
failure of the clerk or magistrate to attend.

6. If any officer misuse or misappropriate a fine collected by him, he
shall be deemed guilty of embezzlement thereof, and shall be punished as
for the embezzlement of public funds. Failure to produce or account
for any receipt form received by him shall be prima facie evjdence of his
embezzlement of the amount represented thereby.