Chap. 190.—An ACT to amend and re-enact section 4036 of the Code of Virginia
as amended and re-enacted by an act approved February 15, 1904.

Approved March 15, 1904.

1. Be it enacted by the general assembly of Virginia, That section forty
hundred and thirty-six of the Code of Virginia, as amended and re-enacted
by an act approved February fifteenth, nineteen hundred and four, be
amended and’ re-enacted so as to read as follows: ,

§ 4036. A circuit or corporation court may, on the motion. either of the
accused or of the attorney for the Commonwealth, or without such mo-
tion for good cause, order the venue for the trial of a criminal case in
such court to be changed to some other circuit or corporation court; and,
in like manner, the court of a corporation may order the venue to be
changed to another circuit or corporation court: provided, that when such
motion is on behalf of the accused, 11 may be made in his absence upon
petition signed and sworn to by him, which petition may, in the discre-
tion of the judge, be acted on by him in vacation: and provided, further,
that whenever the mayor of any city or the sheriff of any county shall call
on the governor for a military force to protect the accused from: violence,
that the judge of the corporation or hustings court of the city or of the
circuit court of the county having jurisdiction of the offence, shall, upon
petition signed and sworn to by the accused, whether the accused be pres-
ent or not, at once order the venue to be changed to the corporation or
hustings court of a city or the circuit court of a county, sufficiently re-
mote from the place where the offence was committed, to insure the safe
and impartial trial of the accused.