Chap. 18.—An ACT to provide for taking the depositions of female witnesses in
cases of rape and attempted rape.

Approved February 15, 1904.

1. Be it enacted by the general assembly of Virginia, That before or
during the trial of an indictment for rape, or attempted rape, in which
the female who is alleged to have been assaulted is a witness, the judge
of the court in which the same is tried may, in his discretion, by an order
entered of record, either in term time or in vacation, direct that the depo-
sition of such witness be taken at a time and place designated in said
order, and said judge may adjourn the taking thereof to such other times
and places as he may deem necessary.

2. Such deposition shall be taken by said judge, by the clerk, or by any
officer authorized to take depositions in the presence of said judge, in any
county, city, or town of the State, who shall rule upon all questions of
evidence, and otherwise control the taking of the same as though it were
being taken in open court; and there shall be present also the attorney
for the Commonwealth, as well as the accused and his attorneys, who
shall have the same rights in regard to the examinations of such witness
as if she were testifying in open court; and no other persons shall be
present unless expressly permitted by said judge. _

3. Such deposition shall be read to the jury at the time such witness
might have testified if such deposition had not been taken, and shall be
considered by them, and shall have the same force and effect as though
such testimony had been given orally in court. But the clerk-of the court,
in case no appeal is taken, shall, after the time for granting a writ of
error has elapsed, withdraw the deposition from the record of the case
and destroy the same.

4. Said judge may, in like manner, direct other depositions of such
witness, in rebuttal or otherwise, which shall be taken and read in the
manner and under the conditions herein prescribed as to the first deposi-
tion. .

5. The cost of taking such depositions shall be paid by the Common-
wealth. —
6. In view of the pendency in the courts of this Commonwealth of a
case to which the provisions of this act may apply, this act shall be in
force from its passage.