CHAPTER 352

An Act to amend and reenact § 19.1-888 of the Code of Virginia, relating
to fines and costs in cases before courts not of record. H 1181)

Approved April 2, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 19.1-8338 of the Code of Virginia be amended and reenacted
as follows:

§ 19.1-338. Fines imposed by courts not of record.—In any mis-
demeanor case tried before a court not of record in which a fine is imposed
on a defendant, or in which the defendant is required to pay the costs
and the same are not paid, the court may issue a capias pro fine or,
in its discretion, take security for payment of such fine and costs, or for
the costs alone when there is a no fine, such payment to be made within
thirty days from the day of trial. It shall be sufficient to bind such
surety that the judge before whom such case is tried endorse on the war-
rant the name of the surety, the amount for which he is bound, and the
date of the endorsement; but if no security is given, the defendant may be
committed to jail until such fine and costs, or such costs alone, are paid.
If security be given and payment is not made to the clerk of the court
or other proper collecting officer, the clerk of the court shall issue execution
against the person against whom the judgment is rendered as well as
against the surety in the same manner as is provided by § 19.1-3386; but
in case the trial bond is not given as provided in this section, the judge
may commit the defendant to jail until the fine and costs are paid, or
until the costs are paid, when their is no fine, unless sooner discharged
by due course of law.