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
Volume | 1906 |
---|---|
Law Number | 191 |
Subjects |
Law Body
Chap. 191.—An ACT to amend and re-enact an act of assembly, approved
March 12, 1904, relating to official receipts for fines.
Approved March 14, 1906.
1. Be it enacted by the general assembly of Virginia, That the act of
assembly in reference to official receipts for fines, approved March twelfth,
nineteen hundred and four, be amended and re-enacted so as to read as
follows:
$714a. Official receipts for fines—(1) Every officer collecting a fine
shall give an official receipt or receipts therefor to 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 reecipt 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 circuit
courts of the counties and corporation courts of the cities of this State
for their own use, and for distribution among the justices of their respec-
tive counties and corporations. The forms shall be in books of such sizes
as may be convenient, and each book and form shall be numbered and
properly authenticated by the auditor.
Each receipt form shall be for a designated sum, and for each form
there shall be a stub for the same number and for the same sum on
which the date and name of the person to whom the detached receipt
was given shall be entered by the officer issuing the receipt. The delivery
of the receipts shall be attested on the stub by the signature of the person
to whom it was given, and the signature of any such person who is un-
able to write shall be witnessed by some person who shall not be an
officer.
The receipt forms and stubs above provided for shall be in substance as
follows:
Receipt.
No 1. Date , 19
$10. This is to certify that ——————— has paid me ten dollars, being
a fine imposed according to law.
Name of officer.
Countersigned by
Auditor of public accounts.
Stub.
No. 1. Date , 19 :
$10. Receipt for ten dollars.
Fine imposed upon ———_——.
I hereby acknowledge having received a reccipt for the above fine of
ten dollars.
Witness ———_—_——___—_--.
(3) On the first day of the first regular meeting in each year and on
the first day of the regular meeting in each year, six months thereafter,
of the board of supervisors, the clerk of the circuit court of each county
shall produce the receipt forms in his possession before the said board,
with a statement, which statement shall be verified and corrected if
necessary by the board of supervisors, after which it shall be counter-
signed 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 re-
spective corporations, who shall examine, correct, and countersign the
statement of the clerk and transmit it to the auditor of public accounts.
The said statement, in addition to showing the receipt forms in the pos-
session of the clerk, shall show what forms have been distributed by him
among the justices of his county or corporation since the last account-
ing. 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) The several justices of the peace of each county shall each appear
‘efore the board of supervisors of the county on the first day of the first
regular meeting in each year and on the first day of the regular meeting
in each year, six months thereafter, of the board of supervisors, and jus-
tices of the corporation before the council, at its like meetings, shall each
produce before the said board or council the receipt forms in his pos-
session and the stubs of the receipts. issued by him since the last ac-
counting, and if it appears that the amount represented by any receipt
issued by a justice, has not been accounted for, the said board or council
shall report the same to the Commonwealth’s attorney for the county or
corporation.
(5) Any clerk or justice failing, without good cause, to attend at the
said meetings, as provided herein, shall be liable to a fine of twenty dol-
lars. recoverable 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 chair-
man of the board 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 thercof, 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 evidence of his
embezzlement of the amount represented thereby.