Chap. 403.—An ACT to amend and re-enact sections 4050, 4051, and section 4052,
as amended by an act approved March 1, 1898; sections 4053, 4057, 4060, 4073,

and section 4074, as amended by an act approved March 3, 1896, of chapter
198 of the Code of Virginia.

Approved December 10, 1903.

1. Be it enacted by the general assembly of Virginia, That sections
four thonsand and fifty, four thousand and fifty-one, and section four
thousand and fifty-two, as amended by an act approved March first,
eighteen hundred and nincty-eight; sections four thousand and fifty-
three, four thousand and fifty-seven, four thousand and sixty, four
thousand and seventy-three, and section four thousand and seventy-four,
as amended by an act approved March third, cighteen hundred and
ninety-six, of chapter one hundred and ninety-cight, of the Code of Vir-
ginia, be amended and re-enacted so as read as follows:

$4050. When bill of exceptions may be taken.—.A party in a criminal
case, or proceeding for contempt, for whom a writ of error lies to the su-
preme court of appeals, may except to an opinion of the court and tender
a bill of exceptions, which (if the truth of the case be fairly stated
therein) the judge shall sign; and it shall be a part of the record of the
case.

$4051. When execution of sentence to be suspended.—If a person,
sentenced by a circuit, or corporation, or hustings court, to death, or con-
finement in the penitentiary, ask for tiie to apply for a writ of error,
the said court shall postpone the execution of its sentence until a rea-
sonable time beyond the first day of the next term of the court of ap-
peals, not exceeding thirty days after that day. In any other criminal
case, wherein judgment is given by any court, and in any case of judg-
ment for a contempt, to which a writ of error lies, the court giving such
judgment may postpone the execution thereof for such time and on such
terms as it deems proper.
§ £052. Writs of error in criminal cases, where lie; when for accuse
when for (ommonwealth.—A writ of error shall lie in a criminal ca
to the judgment of a circuit court or the judge thereof, or of a corpor
tion court or of a hustings court from the court of appeals. It shall |
in any such case for the accused, and if the case be for the violation
law relating to the State revenue, or for the violation of a law there
declared to be unconstitutional, it shall lie also for the Commonwealth.

§ 4053. Where lie to judgments for contempt of court.—To a jud
ment for a contempt of court, other than for the non-performance of,
disobedience to, a judgment, decree, or order, a writ of error shall lic
the supreme court of appeals. This section shall not be construed to a
thorize a writ of error to a judgment of a circuit court rendered on a
peal from a judgment of a justice for contempt.

$4057. Where writs of error docketed and heard: issue of summo
and supersedeas; how process against Commonwealth served.—AlL cas
in which a writ of error is awarded by the supreme court of appeais.
a judge thereof, shall be docketed, heard, and determined in the sa
court. The clerk of the supreme court of appeals wherein a case
docketed shall issue a summons against the parties interested other thi
the petitioner that they may be heard, and also issue any supersede
which may be awarded. Where the Commonwealth is defendant in errs
if the case be in the court of appeals, process shall be served on the a
torney-general.

§ 4060. How judgment of appellate court certified and entered.—T|
judgment of the supreme court of appeals shall be certified to the cou
to whose judgment the writ of error was allowed, which court, or
clerk thereof in vacation, shall cause the same to be entered on its ord
book as its own judgment.

§ 4073. The obligation to be taken from hirer: where returned ; ho
endorsed by clerk; to have effect of judgment; prisoner refusing to kes
contract to be remanded to jail; liability of obligors not affects
thereby.—The officer shall take from the hirer an obligation to the Con
monwealth, with surety, for the payment of the fine and costs, and r
turn the same forthwith to the clerk’s office of the circuit court of t]
county or corporation court of the corporation in whose jail the prison
is confined. The clerk shall endorse on the obligation the date of its r
turn, and, from the time it is returned, it shall have the foree and etfe
of a judgment. but no execution shall issue thereon until after motic
upon notice to the obligors therein. Tf the prisoner refuse to comply wit
the contract of hiring, on the affidavit of the hirer a capias pro fine ma
issue, and the prisoner be remanded to jail. Such refusal shall not a
fect the liability of the obligors in such obligation, but any part of tl
fine or costs that is paid shall be a credit thereon.

$4074. How person confined in jail by court or justice until fine
paid, or under capias pro fine, released.—When a person is confined |
jail by order of any court or justice until he pay a fine and the ensts ¢
prosecution, or the costs where there is no fine, or under a capias pro fin
on application to the circuit court of the county or corporation court. ¢
the corporation where confined, or to the judge thereof in vacation, suc
court, or Judge in vacation, as the case may be, if to such court or judg
it shall appear proper, may order the person to be released {rom imprisou-
ment without the payment of the fine and costs, or costs where there is
no fine, and he shall not thereafter be imprisoned for failure to pay the
fine and costs or costs in that case: provided, however, that the attorney
for the Commonwealth of said county or city shall have five days’ notice
of such application.

2. This act shall be in force from and after February first, nineteen
hundred and four.