Chap. 284.—An ACT to amend and re-enact section forty-one hundred and
six of the Code of Virginia, as amended by an act approved March elev-
enth, nineteen hundred and four.

Approved March 16, 1910.

1. Be it enacted by the general assembly of Virginia, That section
forty-one hundred and six, as amended by an act approved March
eleventh, nineteen hundred and four, be amended and re-ordained so as
to read as follows:

§4106. What criminal offenses police justices and justices of the
peace may try.—The several police justices and justices of-the peace, in
addition to the jurisdiction exercised by them as conservators of the
peace, shall have concurrent jurisdiction with the circuit courts of the
counties and the corporation or hustings court of the corporations of the
State in all cases of violation of the revenue and election laws of the
State, and of offenses arising under the provisions of chapter one hun-
dred and eighty-seven of sections thirty-eight hundred and one, thirty-
eight hundred and two, thirty-eight hundred and three, and thirty-eight
hundred and four of the Code of Virginia; and except when it is other-
wise specially provided, shall have exclusive original jurisdiction for the
trial of all other misdemeanor cases occurring within their jurisdiction
in their respective magisterial districts, in all of which cases the punish-
ment may be the same as the circuit courts of the counties and the corpo-
ration or hustings courts of the corporations are authorized to impose,
and shall have exclusive original jurisdiction for the trial of all offenses
of whatever nature against the ordinances of the respective cities for
which they shall be appointed, except in those cities whose charter con-
fers upon the mayor the authority to try such offenses. But the grand
jurors hereafter sworn in the circuit courts of the counties and in the
corporation or hustings courts of the corporations are hereby authorized
and empowered to inquire into and bring to the attention of the court,
by presentment or indictment, all such misdemeanors as were cognizable
by such grand juries prior to March fifth, eighteen hundred and ninety-
six, and in all cases of misdemeanor in which a presentment or indict-
ment is found by a grand jury, and for a trial of which such justices
have exclusive jurisdiction, a copy of such indictment or presentment,
together with the name of the witnesses upon whose testimony such in-
dictment or presentment was made, shall be certified and delivered by
the clerk of the court in which it is found to some justice of the district in
which such offense was committed, said justice to be designated by the
court in its order, and such justice shall forthwith deliver such copy of
such indictment or presentment to the sheriff or some constable of his
county, or sergeant or policeman of his corporation, which copy shall
have the force and effect of a warrant of arrest, and the officer shall
thereupon arrest the person or persons so indicted or presented and carry
such person or persons before said justice for trial, and shall summon
the witnesses aforesaid to appear before such justice, and the same pro-
ceedings shall be had thereon as are had upon a warrant issued by a
justice, and the Commonwealth’s attorney for the county or corporation
from whose court the said indictment was certified, may, in his dis-
cretion, appear before the justice of the peace trying the case and repre-
sent the Commonwealth in the said trial; and if the case be prosecuted
to judgment for the Commonwealth, the justice shall, in taxing the costs,
include therein a fee of five dollars for the attorney for the Common-
wealth, to be paid by the defendant, and execution and capias pro fine
shall issue therefor as in the case of other costs. But nothing in this act
shall be construed as allowing attorneys for the Commonwealth compen-
sation for such services payable out of the State treasury, but all such
fines shall be taxed and paid as hereinbefore provided: provided, that in
any city in which there is a police justice the powers and jurisdiction
conferred by this section shall not be exercised, by any other justice of
such city, except when acting for and in the stead of the police justice,
according to law. Lach police justice and justice of the peace shall try,
or procure some other justice to try, every indictment which is brought
before him, as herein previded.