Chap. 856.—An ACT to amend and re-enact section 3969 of the code of Virginia,
with reference to when a justice to discharge an accused person who is be-
fore him for examination, and what to do when there is sufficient cause to
charge him.

Approved March 5, 1896.

1. Be it enacted by the general assembly of Virginia, That section
thirty-nine hundred and sixty-nine of the code of Virginia be
amended and re-enacted so as to read as follows:

§ 3969. When the justice to discharge a person accused who is be-
fore him for examination ; what to do when there is sufficient cause ta
charge him with the offence.—The justice shall discharge the accused
if he consider that there is not sufficient cause for charging him with
the offence; if he consider that there is sufficient cause to charge
the accused with a misdemeanor only, then he shall try the accused
for said offence and convict him, if he deem him guilty, and pass
judgment upon him in accordance with the provisions of section forty-
one hundred and six of the code just asif the accused had first been
brought before him on a warrant charging him with said misde-
meanor; if he consider that there is just and sufficient cause for
charging the accused with a felony, then he shall commit him to
jail or let him to bail under section thirty-nine hundred and sixty.
He shall require recognizance, with or without sureties, as he deems
prover, from all material witnesses against the accused, and aleo for
the accused if he desires it.

2. All parts of acts inconsistent with this act are hereby repealed

3. This act shall be in force from its passage.
936 ACTS OF ASSEMBLY.