CHAPTER 499

An Act to amend and reenact § 19.1-137 of the Code of Virginia, relating
to forfeited recognizances and proceedings thereon. CH 471)

Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:

1. That § 19.1-187 of the Code of Virginia be amended and reenacted
as follows:

§ 19.1-187. When a person, under recognizance in a criminal case,
either as party or witness, fails to perform the condition thereof, if it be
to appear before a court of record, his default shall be recorded therein,
and if it be to appear before a judge of a court not of record, his default
shall be entered by the judge of such court, on the page of his docket
whereon the case is docketed, and he shall notify the attorney for the
Commonwealth of the same. The process on any such forfeited recog-
nizance shall be issued from the court before which the appearance was
to be, and wherein such forfeiture was recorded or entered. Any such
process issued by a judge when the penalty of the recognizance so for-
feited is in excess of one thousand dollars shall be made returnable to the
circuit court of his county or the corporation court of his city, and when
not in excess of one thousand dollars it shall be made returnable before,
and tried by, such judge, who shall promptly transmit to the clerk of the
circuit court of his county or the proper clerk of the court of his city
wherein deeds are recorded an abstract of such judgment as he may render
thereon, which shall be forthwith docketed by * the clerk of such court.

If such recognizance so forfeited be not for such appearance, process
thereon shall be issued from the court in which it was taken, or the court
to which it was made returnable, and in a proceeding in one court on a
recognizance entered in another a copy thereof shall be evidence in like
manner as the original would be if it had been entered in the court
wherein the proceeding is being had thereon.

The foregoing provisions of this section shall not apply to a case in
which the defendant posted a cash bond and the case is tried in his
absence and the money so deposited disposed of by the court or judge in
the manner prescribed by law.