Chap. 781.—An ACT to amend and re-enact an act entitled an act to amend
and re-enact section 4106 of the code of Virginia, as amended and re-enacted
by an act approved February 23, 1894, as amended and re-enacted by an
act approved March 5, 1896, in relation to the jurisdiction of police justices
and justices of the peace as to the trial of offenders in certain cases, ap-
proved February. 9, 1898, providing for the prosecution of misdemeanors
and the compensation of commonwealth’s attorneys for such services.

Approved March 6, 10.

1. Be it enacted by the general assembly of Virginia, That section
forty-one hundred and six of the code of Virginia, as amended and re-
enacted by an act of the general assembly of Virginia, approved Feb-
ruary twenty-third, eighteen hundred and ninety-four, as amended by an
act approved March fifth, eighteen hundred and ninety-six, as amended
by an act approved February ninth, eighteen hundred and ninety-eight,
touching the jurisdiction of police justices and justices of the peace as
to trial of offenders in certain cases, be amended and re-enacted 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 county and corporation courts
of the state in all cases of violations of the revenue laws of the state and
of offenses arising under the provisions of chapter one hundred and
eighty-seven of sections thirty-eight hundred and one, thirty-eight hun-
dred and two, thirty-eight hundred and three, and thirty-eight hundred
and four of the code of Virginia, and except when it is otherwise specially
provided, shall have exclusive original jurisdiction for the trial of all
other misdemeanor cases occurring within their jurisdiction, in all of
which cases the punishment may be the same as the county and cor-
poration courts are authorized to impose. But the grand juries here-
after sworn in the county and corporation courts 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 the trial of which such justices
have exclusive original jurisdiction, a copy of such indictment or pre-
sentment, together with the names of the witnesses upon whose testi-
mony such indictment 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 said 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 proceedings shall be had thereon as are had upon a war-
rant issued by a justice, and the commonwealth’s attorney for the county
or corporation from whose court the said indictments are certified may,
in his discretion, appear before the justice of the peace trying the case
and represent 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 commonwealth, 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 compensation for such services payable out of the state
treasury, but all such fees shall be taxed and paid as hereinbefore pro-
vided.

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. Each police justice and justice of the
peace shall try or procure some other justice to try every misdemeanor
which is brought before him as herein provided.

2. This act shall be in force from its passage.