Chap. 80.—An ACT declaring it larceny 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; prescribing penalties for the violation thereof, and
making certain provisions in relation to the admissibility of evidence in civil
cases respecting collateral agreements, statements or representations as to
said draft, check or order, growing out of arrest under this act; and to repeal
chapter 401 of the acts of 1928 relating to the drawing and uttering of checks
with intent to defraud; and to repeal section 45 of chapter 507, of the acts
of 1928, known as the Virginia banking act. [S B 60]

Approved February 28, 1930

I. 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 depository, know-
ing, 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, draft or order, although no express representa-
tion is made in reference thereto, shall be deemed guilty of larceny.

2. Any person who, under the provisions of this act, would be
guilty of grand larceny shall, in the discretion of the jury or the court
trying the case without a jury, be confined in the penitentiary not less
than one year nor more than five years, or be confined in jail not ex-
ceeding twelve months and fined not exceeding five hundred dollars.

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.

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.

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 agreement with
reference to the check, draft or order, shall be admissible unless such
statements, or representations, or collateral agreement, be written upon
the instrument.

6. Be it further enacted by the general assembly of Virginia, chap-
ter four hundred and one of the acts of nineteen hundred and twenty-
eight, making it larceny for any maker or drawer, with intent to de-
fraud, 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 deposi-
tory upon which the same is drawn, be, and the same is hereby repealed ;
and be it further enacted by the general assembly of Virginia, that
section forty-five of chapter five hundred and seven of the acts of
nineteen hundred and twenty-eight, known as the Virginia banking
act, relating to the drawing, uttering, et cetera, checks, et cetera, on
any bank with intent to defraud, be and the same 1s hereby repealed.