CHAPTER 9

An Act to amend and reenact §§ 19-106, 19-107 and 19-108 of the Code of
Virginia, relating to cash deposits in lieu of recognizance with “ne

Approved February 7, 1956

Be it enacted by the General Assembly of Virginia:

1. That §§ 19-106, 19-107 and 19-108 of the Code of Virginia be amended
and reenacted as follows: i

§ 19-106. When a person charged with a criminal offense is admitted
to bail by a court or an officer authorized by law so to do for his appear-
ance before a court or trial justice having jurisdiction of the case, for a
hearing thereon, he may instead of entering into a recognizance with
surety give his personal recognizance and deposit, or cause to be deposited
for him, in cash, the amount of bail he is required to furnish, with such
court or officer, who shall give * to the person whose funds are so deposited
an official receipt therefor.

§ 19-107. In order that justices of the peace may be able to give
such official receipts, it shall be the duty of the Auditor of Public Accounts
to provide all such justices with official prenumbered receipt books in
quadruplicate, consisting of an original and three carbon copies, the
original receipt to go to the person * whose funds are deposited, the first
carbon copy to go to the court or trial justice before whom * the person *
recognized is to appear, the second carbon copy to the Auditor of Public
Accounts and the other copy to remain in the receipt book; and the justice
of the peace with whom such cash was so deposited shall deliver the same,
along with the first carbon copy of the receipt, to the court or trial justice
before whom * the person * recognized is to appear, or to the clerk of
such court or justice, if authorzed by law to receive the same, who shall
give him an official receipt therefor; provided, however, that no justice
of the peace shall receive any such cash deposit unless and until he shall
have given bond before the clerk of the circuit court of his county in the
penalty of five hundred dollars, with approved security, and conditioned
for the faithful performance of his duties and the proper accounting for
all money that may come into his hands.
§ 19-108. If there be no default in the observance of the conditions
of the recognizance, or if there be default and it be a case which may
tried in the absence of the defendant and he is so tried, and if, upon the
trial of the case, the defendant be found not guilty, the money so deposited
shall be refunded to * the person making such deposit, or upon his order,
but if * the defendant be found guilty, the court or trial justice trying
the case shall apply the money, or so much thereof as may be necessary,
to the payment of such fines and costs, or costs, as may be adjudged
against the defendant, and the residue thereof, if any, shall be paid over
to the * person making such deposit, or upon his order; provided, that if
there be an appeal from the judgment of a trial justice trying any such
case, or if it be a charge of felony and be sent on for investigation by a
grand jury, the money so deposited shall be paid over by such trial
justice to the clerk of the court to which such appeal is taken, or to
which the case is sent on for investigation by a grand jury thereof, who
shall issue to such trial justice his official receipt therefor.

If there be default in any such recognizance, and if the case be not
tried in the absence of the defendant and the money disposed of as herein-
above provided for, the forfeiture thereof shall be noted of record and
proceedings had thereon, as provided by law, and the money so deposited
shall be held subject to the order of the court upon the final disposition
of such proceedings.