Chap. 332.—An ACT to amend and re-enact section 3960 of the code of Virginia
with reference to bail in criminal cases, when allowed and by whom.

Approved February 14, 1896.

1. Be it enacted by the general assembly of Virginia, That sec-
tion thirty-nine hundred and sixty of the code of Virginia be
amended and re-enacted so as to read as follows:

§ 3960. A justice before whom a person is charged with an offence
not punishable with death or confinement in the penitentiary, or of
which, if it be so punishable, only a light suspicion of guilt fallson
him, may, pending the examination before him, or upon committing
such person for trial admit him to bail. If the offence be so pun-
ishable, and there is good cause to believe such 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 less sum than was required
by said order. But a court, or the judge thereof in vacation, in
which any person is held and to be tried for acriminal offence, may,
upon motion before said court, or upon 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 the said person to be brought before
him that he may hear the petition for bail. If bail be refused or
excessive bail be required of said person by a county court, or the
judge thereof in vacation, then upon petition by the said person to the
circuit court of the county in which he is held for trial, or to the judge
thereof in vacation the said circuit court, or the judge thereof in
vacation, shall at once make an order requiring said person to be
brought before said court or judge in order that a motion may be
made to admit him to bail, and upon such motion the said court or
judge shall hear testimony and admit him to bail or remand him to
jail. 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 the said person, shall at once order him to be brought before said
court or judge in 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, shall hear testimony and admit him to
bail or remand him to jail. If bail be refused or if 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 the said court, or judge in vacation, shall hear testi-
mony and admit him to bail or remand him to jail. No other
court or judge shall admit a person accused of a criminal offence
to bail, otherwise than is hereinbefore provided, except that
such person may be admitted to bail under section thirty-nine
hundred and sixty-one of the code of Virginia, and except also
that when such person is held for trial in a county court, and the
said court is not in session, and the judge thereof is sick or absent
from his county, then the proceedings to secure bail which would
have been proper as hereinbefore stated before such court or judge
thereof in vacation, shall be allowed before the county court, or the
judge thereof in vacation, of any county adjoining the one in which
said person is held for trial; and except also, that when such person
is held for trial in a corporation court, and said court is not in session,
and the judge thereof is sick or absent from his city, then the pro-
ceedings to secure bail which would have been proper as hereinbe-
fore stated before such court, or the judge thereof in vacation, shall
be allowed before the nearest corporation court or the judge thereof,
In vacation, to the city in which such person is held for trial; and
except also, that when such person may be admitted to bail by a
circuit court, or the judge thereof in vacation, as hereinbefore pro-
vided, and said court be not in session, and the judge thereof is sick
or is absent from his circuit, then the same proceedings to secure
bail which would have been proper as hereinbefore provided before
said circuit court, or the judge thereof in vacation, shall be allowed
before the circuit court, or the judge thereof in vacation of any cir-
cuit adjoining the one in which such person is held for trial. In
either of the three last excepted cases the court, or the judge thereof
in vacation to whom petition is made, shall at once order said person
held for trial to be brought before said court, or judge, and upon
motion, shall hear testimony and admit him to bail or remand him
to jail.

2. All acts or parts of acts inconsistent with this act are hereby
repealed.

3. This act shall be in force on and after the first day of April,
eighteen hundred and ninety-six.