Sec. 12-1. - Recognizance constitutes bond for purposes of chapter.

For the purposes of this chapter a recognizance shall be construed to be a bond.

(Ord. No. 49, §§ 10, 16; Code 1961, § 12-43)

Sec. 12-2. - License required; license tax.

No person shall, for compensation, enter into any bond for another in the city, whether as a principal or surety, unless such person shall have first obtained a license for that purpose. The tax for such license shall be as prescribed in section 23-48 of this Code.

(Ord. No. 49, §§ 1, 2; Code 1961, §§ 12-44, 12-45)

State law reference— Authority to require above license, Code of Virginia, § 58.1-3724.

Sec. 12-3. - Certificate from circuit court judge prerequisite to issuance of license.

No license required by section 12-2 shall be issued unless and until the applicant shall have first obtained a certificate from the judge of the circuit court of the city approving the issuance of the license and certifying that the applicant is of good moral character, that the applicant's past conduct before the courts of the city has not been unsatisfactory and that the applicant is suitable to be licensed. Any person desiring such a certificate shall post a notice of intention to apply for same in front of courthouse. Such notice shall give the date on which the application will be made, which shall be not less than ten (10) days after the posting of the notice. The judge of the circuit court shall not issue such certificate, unless such notice requirements have been met.

(Ord. No. 49, § 3; Code 1961, § 12-46)

Cross reference— General provisions relative to certificates as prerequisite to issuance of license, § 23-17.

State law reference— Similar provisions, Code of Virginia, § 58.1-3724.

Sec. 12-4. - Revocation of license.

If any person licensed as provided in this chapter fails to comply with any of the provisions of this chapter, the license issued to such person may be revoked by the judge of the circuit court of the city.

(Ord. No. 49, § 9; Code 1961, § 12-47)

State law reference— Authority to provide for revocation of bondsman's license, Code of Virginia, § 58.1-3724.

Sec. 12-5. - Not to designate agent to act as surety.

No bondsman licensed by the city shall designate any person, association, firm, partnership or corporation as such bondsman's agent to act in behalf of such bondsman in furnishing surety for any person or persons.

(Lic. Tax Ord. of 1977, § 42)

Sec. 12-6. - Limitation on aggregate penalty of outstanding bonds.

No bondsman licensed by the city shall enter into any bond, if the aggregate of the penalty of such bond and all other bonds, on which such bondsman has not been released from liability, is in excess of the true market value of such bondsman's real estate.

(Ord. No. 49, § 4; Code 1961, § 12-48)

Sec. 12-7. - List of outstanding bonds to be filed with clerk of circuit court.

Each bondsman licensed by the city shall file with the clerk of the circuit court of the city, not later than the fifth day of each month, a list of all outstanding bonds on which the bondsman was obligated as of the last day of the preceding month, together with the amount of the penalty of each such bond.

(Ord. No. 49, § 5; Code 1961, § 12-49)

Sec. 12-8. - Information concerning real estate holdings to be filed with clerk of circuit court.

Before entering into any bond, every bondsman licensed by the city shall file, with the clerk of the circuit court of the city, a list of such bondsman's several tracts, parcels or lots of land, briefly describing the location of, and improvements on, each separate tract, parcel or lot, and giving the fair market value of each separate tract, parcel or lot and the improvements thereon and the amount of all liens and encumbrances, if any, on each separate tract, parcel or lot. Whenever there is any change in the real estate or liens or encumbrances thereon, the value thereof, owned by such bondsman, decreasing the bondsman's equity therein, a new list shall be filed with the clerk, setting forth the information herein required to be given in the original list. A bondsman may, at any time, file a revised list under the provisions of this section.

(Ord. No. 49, § 6; Code 1961, § 12-50)

Sec. 12-9. - Determination of value of real estate holdings in case of disagreement.

Should the city attorney, commonwealth's attorney or other judicial officer of the city disagree with a bondsman licensed by the city as to the fair market value of any tract, parcel or lot of land contained in the list filed by such bondsman as provided in section 12-8, the person so disagreeing shall notify such bondsman in writing and, if they cannot agree on the fair market value, then the city attorney, commonwealth's attorney or other judicial officer, as the case may be, and the bondsman shall each select a real estate dealer, and such real estate dealer shall review such real estate and fix the fair market value thereof. If these two (2) real estate dealers cannot agree, then they shall select a third real estate dealer familiar with the market value of real estate in the locality of such real estate and a majority of such dealers shall fix the true market value of such real estate.

(Ord. No. 49, § 8; Code 1916, § 12-51)

Sec. 12-10. - Power of attorney to be filed with clerk of circuit court by married bondsmen.

Every bondsman licensed by the city, if married, shall file with the clerk of the circuit court for the city a power of attorney, duly executed and acknowledged by the spouse of such bondsman, authorizing such bondsman to obligate and encumber any and all property owned by such bondsman in the state individually, or as joint tenants or tenants in common with the right of survivorship as at common law, in the execution, performance and discharge of any and all obligations incurred.

(Ord. No. 49, § 7; Code 1961, § 12-52)

Sec. 12-11. - Maximum fees.

(a)

The maximum fees that may be charged by a bondsman, where the original bond is for appearance of the principal before the circuit court of the city, or any judge of such court, or in any case where it is indicated to the circuit court that a petition will be presented to the district court or any judge thereof for an appeal or writ of error, shall be as follows:

(1)

For a bond in the amount of $100.00 or less .....$12.50

(2)

For each additional $100.00 or portion thereof, up to and including $500.00 .....10%

(3)

For each additional $100.00 or portion thereof over $500.00 and not over $2,000.00 .....7%

(4)

For each additional $100.00 or portion thereof over $2,000.00 .....6%

(b)

When a defendant is held by the court to answer any indictment that may be found against the defendant by a grand jury, the bondsman shall have the right to collect from the defendant the same bond fees as prescribed in subsection (a) above.

(c)

The charges set out in this section shall be based on the aggregate amount of the bonds executed for any one (1) person at any one (1) time, where more than one (1) bond is so executed.

(Ord. No. 49, § 11; Ord. No. 1361; Code 1961, §§ 12-53, 12-54)

Sec. 12-12. - Refund of portion of fee when principal surrendered prior to time stipulated in bond.

Whenever any bondsman licensed by the city surrenders such bondsman's principal under bail prior to the time stipulated in the bond, the bondsman shall refund to such principal a proportionate part of the amount collected from such principal proportioned according to the time such bond has been in effect and the time stipulated in the bond for the appearance of such principal.

(Ord. No. 49, § 12; Code 1961, § 12-55)

Sec. 12-13. - Entering into bond without complying with chapter.

If any person enters into any bond for compensation, without first complying with the provisions of this chapter, such person shall be guilty of a Class 2 misdemeanor.

(Ord. No. 49, § 13; Code 1961, § 12-58)

Sec. 12-14. - Disposition of fines and forfeitures.

(a)

All fines imposed and collected for the violation of any provision of this chapter shall be paid into the city treasury at the time of the regular disbursements of other state and city fines by the court in which it is collected.

(b)

An action to enforce the forfeiture of any bond for the appearance of defendants in the circuit court of the city shall be instituted and proceeded into judgment in such court, with the right of appeal, however, from any judgment rendered by such court. All collections made under this subsection shall be paid into the city treasury at the time of regular disbursements of state and city fines.

(Ord. No. 49, § 15; Code 1961, § 12-57)