Chap. 214.—An ACT to amend and re-enact section 3960 of the Code of Virginia,
as amended by acts 1895-6, page 365, in relation to bail.

Approved May 9, 1903.

1. Be it enacted by the general assembly of Virginia, That section thir-
‘nine hundred and sixty of the Code of Virginia, as amended by acts
zhteen hundred and ninety-five and eighteen hundred and ninety-six,
age three hundred and sixty-five, be amended and re-enacted so as to
-ad as follows:

$5960, Bail: when allowed, and by whom.—A justice before whom a
‘ron is charged with an offense not punishable with death or confine-
nt ip the penitentiary or of which, if it be so punishable only a light
suspicion of guilt fails on him, may, pending examination before him,
or upon committing such person for trial, admit him to bail. 1f the of-
fensé be so punishable, and there is good cause to believe such a person
guilty, he shall not be let to bail by any justice, nor shall any person in jail
under an order of commitment be admitted to bail by any justice, except
the one committing him, nor in a Jess sum than was required by said
order. Buta court, or a judge thereof in vacation, in which any person is
held, and to be tried for, a criminal offense may, upon motion before said
court, or upon a petition to the judge thereof in vacation, hear testimony
and admit such person to bail before conviction, and when such petition is
filed before such judge in vacation, he shall at once order such person to
be brought before him, that he may hear the petition for bail: if a circuit
court or a judge thereof in vacation refuses to admit said person to bail,
or require excessive bail, then the supreme court of appeals, or any one
judge thereof in vacation, upon petition of said person, shall at once order
him to be brought before said court or judgein order that a motion may be
made to admit him to bail, and upon such motion the said supreme court
of appeals, or judge thereof in vacation, may hear testimony and admit
him to bail or remand him to jail. 1f bail be refused or excessive bail be
required of such person by a corporation court, or the judge thereof in
vacation, then the supreme court of appeals. or any one judge thereof in
vacation, upon the petition of said person shall at once order him to be
brought before said court or judge in vacation, in order that a motion may
be made to admit him to bail, and upon such motion said court or judge
in vacation shall hear testimony and admit him to bail, or remand him to
jail. No other court or judge shall admit a person accused of a criminal
offense to bail otherwise than is hereinbefore provided. except that such
person may be admitted to bail under section three thousand nine hun-
dred and sixty-one of the Code of Virginia, and except also as hereinafter
provided. <A bail commissioner of any county shall have the same powers
to admit to bail as the circuit court of his said county. or the judge there-
of would have, if application as hereinhefore provided should be made
to said court or judge: provided, no application may be made to said bail
commissioner after said court or judge has acted upon the application for
bail or pending proceedings before said court or judge to obtain bail. If
the bail commissioner shall refuse to admit to bail or require excessive
bail, then application may be made to said court or judge, and the same
proceedings may be had as if application had been made in the first in-
stance to said court or judge. If said bail commissioner and the judge of
said court be incapable for any reason from hearing said application, then
application may he made to the bail commissioner of an adjoining county
to the one in which said applicant is held for trial, and if bail be refused.
or excessive bail be required by said commissioner, then application may
be made to the circuit court in which said applicant is held for trial. or
the judge thereof in vacation, as hereinbefore provided, unless the said
incapacity continues to exist, in which case application may be made to
supreme court of appeals, or a judge thereof in vacation. as hereinbefore
provided in cases where the said circuit court, or the judge thereof in
vacation, had refused to admit to bail, or had required excessive bail. If
such applicant for bail is held for trial in a corporation court, and said
court is not in session, and the judge thereof is sick or absent from the
city, then the proceedings to secure bail which would have been proper
as hereinbefore stated, before such court or the judge thereof in vacation,
shall be allowed before the nearest circuit or corporation court, or the
judge thereof in vacation, to the city in which such person is held for trial.
Upon the refusal of said court or judge to admit to bail, or upon excessive
bail being required, like proceedings may be had in the supreme court of
appeals, or before a judge thereof in vacation, as if the action had been by
the court in which such person is held for trial. Any bail commissioner,
or any court or judge thereof in vacation, to whom application is made as
herein provided, shall at once order said person held for trial to be
brought before said commissioner, court or judge, and upon motion shall
hear testimony and admit to bail or remand him to jail.-

The fees of said commissioner shall be double those of a justice of the
peace for the trial of a criminal case, and shall be paid as those of a jus-
tice for a criminal trial are paid.

2. This act shall be in force on and after the first day of February,
nineteen hundred and four. ’