Chap. 292.—An ACT declaring it a misdemeanor for any maker or drawer.
with intent to defraud, to make or draw or utter or deliver any check.
draft, or order, when such person has not sufficient funds in, or credit with
the depository upon which the same is drawn, and making certain provisions
in relation to the admissibility of evidence in civil cases respecting col-
lateral agreements, statements or representations as to said draft, check
or order, growing out of arrest under this act. [S B 123]

Approved March 24, 1926.

Section 1. Be it enacted by the general assembly of Virginia,
That any person who, with intent to defraud, shall make or draw or
utter or deliver any check, draft, or order for the payment of money,
upon any bank, banking institution, trust company, or other de-
pository, knowing, at the time of such making, drawing, uttering, or
delivering, that the maker or drawer has not sufficient funds in, or
credit with, such bank, banking institution, trust company, or other
depository, for the payment of such check, although no express
representation is made in reference thereto, shall be guilty of a
misdemeanor.

Section 2. Any person convicted under the provisions of section
one of this act shall, if the amount of such check, draft, or order is
under fifty dollars be sentenced to pay a fine of not more than one
hundred dollars, or to undergo imprisonment not exceeding thirty
days, or both. If the amount of such check, draft, or order is fifty
dollars or more, he shall be sentenced to pay a fine of not more than
one hundred dollars, or to undergo imprisonment not to exceed one
year, or both.

Section 3. In any prosecution under this act, the making or
drawing or uttering or delivery of a check, draft, or order, payment
of which is refused by the drawee because of lack of funds or credit,
shall be prima facie evidence of intent. to defraud and of knowledge
of insufficient funds in, or credit with, such bank, banking institution,
trust company, or other depository, unless such maker or drawer
shall have paid the drawee thereof the amount due thereon, together
with interest and protest fees, within five days after receiving notice
that such check, draft, or order has not been paid to the drawee.

Section 4. The word credit, as used herein, shall be construed
to mean any arrangement or understanding with the bank, banking
institution, trust company, or other depository for the payment of
such check, draft or order.

Section 5. In any civil action growing out of an arrest under this
act, no evidence of statements or representations as to the status of
the check, draft, order or deposit involved, or of any collateral agree-
ment with reference to the check, draft or order, shall be admissible
unless such statements, or representations, or collateral agreement,
be written upon the instrument.

Section 6. All acts or parts of acts in conflict with this act are
hereby repealed.