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-
tv-nine hundred and sixty of the Code of Virginia, as amended by acts
eghteen hundred and ninety-five and eighteen hundred and ninety-six,
page three hundred and sixty-five, be amended and re-enacted so as to
read as follows:

$5960. Bail: when allowed, and by whom.—A justice before whom a
person is charged with an offense not punishable with death or confine-
ment in the penitentiary or of which, if it be so punishable only a light
suspicion of guilt falls on him, may, pending examination before him,
or upon committing such person for trial, admit him to bail. If the of-
fense be so punishable, and there is good cause to beheve such a peren
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, excerpt
the one committing him, nor in a fess sum than was required bv said
order. But a court, or a judge thereof in vacation, in which any persen 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 testimeny
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 bag]; if a ei:reuit
court or a judge thereof in vacation refuses to admit said person to batl.
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 judge in order that a motion may is
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. Tf bail be refused or execssive bail be
r required of such person by a corporation court. or the Judge thereof in
vation, 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 adinit 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 erimin: im
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 herein: iter T
provided. A bail commissioner of any county shall have the same power
to admit to bail as the circuit court of his said county, or the judge therre
of would have, if application as hereinbefore provided should be made
to said court or judge: provided, no application may be made to said beat]
commissioner after said court or judge has acted upon the appheation fer
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 saine
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 judy of
said court be incapable for any reason from hearing said application, then
application mav be made to the bail eonmissioner of an adjoming county
to the one in which said applicant is held for trial, and if bail be re fused}.
or excessive bail be required by said commissioner, then application may
be made to the cireuit 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 ease 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 thereaf in
vacation, had refused to admit to bail, or had required excessive bail. If

A
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 cireuit 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 mav 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 fecs 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.