CHAPTER 102

An Act to amend and reenact § 19.1-889, of the Code of Virginia, relating
to the commitment of defendants to jail on non-payment of fines or
costs; fiert facias; capias pro fine. [H 269]

Approved March 2, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 19.1-339, of the Code of Virginia be amended and reenacted
as follows:

§ 19.1-339. Courts may commit until fine paid, or order capias pro
fine issued; fieri facias issued .—The circuit or corporation court in which
any judgment for a fine is rendered, going, in whole or in part, to the
Commonwealth, or for a fine going, in whole or in part, to any county,
city or incorporated town upon appeal taken from the decision of a court
not of record of such county, city or town, when the same is affirmed,
in whole or in part, may, of its own motion or at the instance of the
attorney for the Commonwealth, commit the defendant to jail until the
fine and costs are paid or until the costs are paid when there is no fine;
or the court or the judge thereof in vacation may direct the clerk to issue
a capias pro fine either before or after the return of a writ of fieri facias;
or, such court may direct the clerk to remand the case to the court not of
record in which the judgment was entered, for proceedings in accordance
with this article. But, unless so directed, the clerk shall, immediately after
the term is ended, issue a writ of fieri facias, returnable within ninety
days, on every judgment for a fine rendered at such term, or the court may,
for good cause shown, direct a writ of fieri facias to be issued during
the term on any such judgment.