An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1897/1898 |
---|---|
Law Number | 267 |
Subjects |
Law Body
Chap. 267,—An ACT to amend and re-enact section 4107 of the code of Virginia
in relation to the right of appeal to court from the judgments of police justices
and justices of the peace in criminal cases, to provide for the disposition of the
accused unless let to bail; the issue of a new warrant or the amendment of the
original warrant by the county, corporation or hustings court, and to fix the
rule of procedure on these Warrants in the said county, hustings or corporation
court.
Approved February 9, 1898.
1. Be it enacted by the general assembly of Virginia, That section
forty-one hundred and seven of the code of Virginia be amended and
re-enacted so as to read as follows:
§ 4107. Right of appeal to court in ten days; accused to be committed
to jail unless let to bail; justices to return papers to clerk; county, cor-
poration and hustings court to have the right to amend the warrant or
issue @ new warrant.—Any person convicted by a justice under the pro-
visions of the preceding section shall have the right at any time within
ten days from such conviction to appeal to the county, corporation or
hustings court. When an appeal is taken at the time the judgment is
rendered, the accused shall, unless let to bail, be committed to jail by
the justice until the next term of such court, and the witnesses recog-
nized to appear at the same time. When an appeal is taken subse-
quent to the entry of the Judgment of conviction, the justice shall en-
ter the allowance of the appeal on the warrant, and he, or the county,
or corporation court, or the judge thereof, as the case may be, may ad-
mit the accused to bail. The justice shall forthwith return and file the
papers with the clerk of the court, whether the appeal be applied for
or not.
Upon the trial of the warrant in the county, hustings or corporation
court, the court shall have authority upon its own motion, or upon the
request either of the attorney for the commonwealth or for the accused
to amend the form of the warrant in any respect in which it appears to
be defective. But when the warrant is so defective in form that it does
not substantially appear from the same what is the offence with which
the accused is charged, or even when it is not so seriously defective, the
judge of the court having examined on oath the original complainant, if
there be one, or if he sees good reason to believe that an offence has
been committed, then without examination of witnesses may Issue un-
der his own hand his warrant, reciting the offence and requiring the de-
fendant in the original warrant to be arrested and brought before him.
Upon the arrest of the defendant on the new warrant and his produc-
tion or appearance in court, the trial shall proceed upon the new war-
rant. Where there is an amendment of the original warrant the trial
shall proceed on the amended warrant. But whether the warrant is
amended or new warrant is issued, the court before proceeding to trial on
the same may grant a continuance to the commonwealth, or to the pris-
oner upon such terms as to costs as may be proper under the circum-
stances of the case.
Where a warrant is amended or a new warrant is issued the costs al-
ready accrued shall be taxed against the defendant, if he is ultimately
convicted, as a part of the costs arising under the new or amended
warrant. But the commonwealth shall not be liable for the costs of the
defendant. ;
2. This act shall be in force from its passage.