§ 19.2-368. Course of proceeding when relief asked of the Governor
Whenever application shall be made to the Governor by or on behalf of any person desiring to be relieved, in whole or in part, of any such fine or penalty, the petition, answer, certificate of facts, and opinion of the court provided for in §§ 19.2-364, 19.2-365 and 19.2-366, duly authenticated by the clerk of […]
§ 19.2-365. Duties of attorney for Commonwealth upon filing of such petition
The attorney for the Commonwealth, at or before the hearing of such petition, shall file an answer to the same. He shall cause to be summoned such witnesses and shall introduce all such testimony as may be necessary and proper to protect the interest of the Commonwealth; and the petitioner may cause to be summoned […]
§ 19.2-366. Duty of court in which petition filed; certificate and opinion
The court wherein such petition is filed shall hear all such testimony as may be offered, either by the petitioner or attorney for the Commonwealth, and after the evidence has been heard shall cause to be made out by the clerk of the court a certificate of the facts proved, and file with the same […]
§ 19.2-367. Proceedings to be according to common law
All proceedings had before the court under the provisions of the three preceding sections shall be according to the course of the common-law practice, except that no formal pleadings shall be necessary. Code 1950, § 19.1-356; 1960, c. 366; 1975, c. 495.
§ 19.2-362. Court not to remit fine or penalty, other than fine for contempt, except as provided in § 19.2-358
No court shall remit any fine or penalty, except for a contempt, which the court during the same term may remit either wholly or in part, and except as provided in § 19.2-358. This section shall not impair the judicial power of the court to set aside a verdict or judgment, or to grant a […]
§ 19.2-363. Authority of Governor to grant relief from fines and penalties
The Governor shall have power, in his discretion, to remit, in whole or in part, fines and penalties, in all cases of felony or misdemeanor, after conviction, whether paid into the state treasury or not, except when judgment shall have been rendered against any person for contempt of court, for nonperformance of or disobedience to […]
§ 19.2-364. Petition for relief; in what court filed; notice to attorney for Commonwealth
Such person or his personal representative, as the case may be, shall file a petition in the clerk’s office of the circuit court of the county or city wherein such fine or penalty was imposed, or such liability established, at least fifteen days before the term of the court at which the same is to […]
§ 19.2-359. Official receipts to be given for fines
Every officer collecting a fine, fine and costs or costs when no fine is imposed shall give an official receipt therefor to the person making the payment, and the clerk of the court shall use the official receipt in receipting to a court not of record for payments made to the clerk; and when the […]
§ 19.2-360. Forms of receipts; distribution; record of disposition
The Executive Secretary of the Supreme Court shall prescribe and prepare forms of official receipts for fines and distribute them to the clerks of the circuit courts and to the clerks of the district courts for their use. A record of the disposition of each receipt form shall be maintained as prescribed by the Executive […]
§ 19.2-361. Misuse, misappropriation or willful failure to account for fines is embezzlement
If any officer misuse, misappropriate, or willfully fail to return or account for, a fine collected by him he shall be deemed guilty of embezzlement and shall be punished as for the embezzlement of public funds and the failure, without good cause, to produce or account for any receipt form received by him shall be […]