Chap. 389.—An ACT to amend and re-enact section 4106 of the Code of Virginia,
as amended by an act entitled “an act to amend and re-enact section 4106 of the
Code of Virginia, touching the jurisdiction of police justices and justices of the
peace as to the trial of offenders in certain cases.” approved February 23, 1894,
as amended by an act approved March 6, 1896, and by an act approved February
9, 1898, and by an act approved March 5, 1900, and section 4107, Code of Vir-
ginia, as amended by an act entitled “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
judgment of police justices and justices of the peace in criminal cases, to pro-
vide for the disposition of the accused, unless let to bail; the issue of a new war-
rant, 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, corporation, or hustings court,” approved February 9, 1898.

Approved December 10, 1903.

1. Be it enacted by the general assembly of Virginia, That section
forty-one hundred and six of the Code of Virgimia, as amended by an
act entitled “an act to amend and re-enact section forty-one hundred
and six of the Code of Virginia, touching the jurisdiction of police jus-
tices and justices of the peace as to the trial of offenders in certain
cases,” approved February twenty-third, eighteen hundred and ninety-
four, as amended by an act approved March sixth, eighteen hundred and
ninety-six, and by an act approved February ninth, eighteen hundred
and ninety-eight, and by an act approved March fifth, nincteen hundred,
and section forty-one hundred and seven of the Code of Virginia, as
amended by an act entitled “an act to amend and re-enact section forty-
one hundred and seven of the Code of Virginia, in relation to the right
of appeal to court from the judgment of police justices and justices of the
peace in criminal cases, to provide for the disposition of the accused, un-
less let to bail; the issue of a new warrant, or the amendment of the origi-
nal warrant by the county, corporation, or hustings court, and to fix the
rule of procedure on these warrants, in the said county, corporation, or
hustings court,” approved February ninth, eighteen hundred and ninety-
eight, 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 te the jurisdiction exercised by them as conservators of the
peace, shall have concurrent jurisdiction with the circuit courts of the
counties and the corporation or hustings courts of the corporations 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 hundred and
two, thisty-eight hundred and three, and thirty-eight hundred and four
of the Code of Virginia; and except when it is otherwise specially pro-
vided, shall have exclusive original jurisdiction for the trial of all other
misdemeanor cases occurring within their jurisdiction, in all which cases
the punishment may be the same as the circuit courts of the counties
and the corporation or hustings courts of the corporations are authorized
to impose. But the grand juries hereafter sworn in the circuit courts
of the counties and in the corporation or hustings courts of the corpora-
tions are hereby authorized and empowered to inquire into and bring to
the attention of the court, by presentment or indictment, all such misde-
meanors 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 indictment is found by a grand jury, and for the
trial of which such justices have exclusive jurisdiction, a copy of such in-
dictment or presentment, together with the names of the witnesses, upon
whose testimony such indictment or presentment was made, shall be cer-
tified 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 forth-
with deliver such copy of such indictment or presentment to the sheriff
or some constable of his county, or sergeant or policeman of his corpora-
tien, 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 {o appear before such:
justice, and the same proceedings shall be had thereon as are had upor.
aowarrant issued by a justice, and the Commonwealth’; attorney fer
the county or corporation from whose court the said indietment was cer
tified may. in his diseretion, appear before the justice of the peace tryin,
the case and represent the Commonwealth in the said trial; and if the
case be prosecuted to judgment for the Commonwealth, the justice sha...
in taxing the costs, include therein a fee of five dollars for the attorne,
for the Commonwealth, to be paid by the defendant, and execution an:i
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 Con:-
monwealth compensation for such services payable out of the State trea<-
ury, but all such fines shall be taxed and paid as hereinbefore provided :
provided, that in any city in which there is a police justice the power
and jurisdiction conferred by this section shall not be exercised by au:
other justice of such city, except when acting for and in the stead of th.
police justice, according to law. Fach police justice and justice of th
peace shall try, or procure some other justice to try, every indictmen:
which is brought before him as herein provided.

§$ 4107. Right of appeal to court in ten days; accused to he committ«-!
to jail unless let to bail; justice to return papers to clerk; circuit, cor-
poration and hustings court to have the right to amend the warrant or
issue a 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 circuit court of the counts
or corporation or hustings court of the corporation, as the case may i
When an appeal is taken at the time the judgment is rendered, the ac-
cused shall, unless let to bail, be committed to jail by the justice un:
the next term of such court, and the witnesses recognized to appear ai
the same time. When an appeal is taken subsequent to the entry of tl:
judgment of conviction, the justice shall enter the allowance of the aj-
peal on the warrant, and he, or the cireuit court of the county or cor
poration or hustings court of the corporation, or the judge thereof, as tl
case may be, may admit the accused to bail. The justice shall forthwit!
return and file papers with the clerk of the court, whether the appeal »:
applied for or not. Upon the trial of the warrant in the circuit court ©
the county or corporation or hustings court of the corporation, the cour
shall have authority upon its own motion, or upon the request either ©:
the attorney for the Commonwealth, or for the accused, to amend t)
form of the warrant in any respect in which it appears to be defectis:
But when the warrant. is so defective in form that it does not substan
tially appear from the same what is the offense with which the accused 1
charged, or even when it is not so seriously defective, the judge of th
court having examined on oath the original complainant, if there be one
or if he sees good reason to believe that an offense has been committed
then without examination of witnesses may issue under his own hand hi:
warrant, reciting the offense and requiring the defendant in the origina
warrant to be arrested and brought before him. Upon the arrest of th
defendant on the new warrant and his production or appearance in cour
the trial shall proceed upon the new warrant. Where there is an amend
inent of the original warrant the trial shall proceed on the amended war-
rant. But whether the warrant is amended or new warrant is issued,
the court before proceeding to trial on the same may grant a continu-
ance to the Commonwealth, or to the prisoner upon such terms as to
costs as may be proper under the circumstances of the case.

Where a warrant is amended or a new warrant is issued the costs
already accrued shall be taxed against the defendant, if he is ultimately
convicted, as a part of the costs arising under the new or amended war-
rant. But the Commonwealth shall not be liable for the costs of the
defendant.

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