Chap. 401.—An ACT declaring it larceny for any maker or drawer, with intent
to defraud, to make or draw or utter or deliver any check, draft, or order,
when such person has not sufficient funds in, or credit with the depository
upon which the same is drawn; prescribing penalties for the violation thereof;
and making certain provisions in relation to the admissibility of evidence in
civil cases respecting collateral agreements, statements or representations as
to said draft, check or order, growing out of arrest under this act, to repeal
an act entitled an act to make it larceny to obtain, with fraudulent intent
money or other property or credit by means of a check, draft or order, and
to make a failure to have on deposit, or to the credit of the maker or drawer
thereof with the bank, person, firm or corporation on which such check, drait
or order is drawn, sufficient funds to pay the same in full when presented
prima facie evidence of fraudulent intent, approved March twentieth, nine-
teen hundred and twenty, and an act entitled an act declaring it a misdemeanor
for any maker or drawer, with intent to defraud, to make or draw or utter
or deliver any check, draft, or order, when such person has not sufficient funds
in, or credit with the depository upon which the same is drawn, and making
certain provisions in relation to the admissibility of evidence in civil cases
respecting collateral agreements, statements, or representations as~ fo
draft, check or order, growing out of arrest under this act, approved March
twenty-fourth, nineteen hundred and twenty-six. [H B 329]

Approved March 23, 1928
1. Be it enacted by the general assembly of Virginia, That any
person who, with intent to defraud, shall make or draw or utter or
deliver any check, draft, or order for the payment of money, upon
any bank, banking institution, trust company, or other depository,
knowing, at the time of such making, drawing, uttering or delivering,
that the maker or drawer has not sufficient funds in, or credit with,
such bank, banking institution, trust company, or other depository, for
the payment of such check, draft or order, although no express repre-
sentation is made in reference thereto, shall be deemed guilty of lar-
ceny.

2. Any person who, under the provisions of this act, would be
guilty of grand larceny shall, in the discretion of the jury or the
court trying the case without a jury, be confined in the penitentiary
not less than one year nor more, than five years, or be confined in
jail not exceeding twelve months and fined not exceeding five hundred
dollars.

3. In any prosecution under this act, the making or drawing or
uttering or delivery of a check, draft, or order, payment of which 1s
refused by the drawee because of lack of funds or credit, shall be
prima facie evidence of intent to defraud and of knowledge of in-
sufficient funds in, or credit with, such bank, banking institution, trust
company, or other depository, unless such maker or drawer shall have
paid the drawee thereof the amount due thereon, together with interest
and protest fees, within five days after receiving notice that such
check, draft, or order has not been paid to the drawee.

4. The word credit, as used herein, shall be construed to mean any
arrangement or understanding with the bank, banking institution, trust
company, or other depository for the payment of such check, draft
or order.

5. In any civil action growing out of an arrest under this act, no
evidence of statements or representations as to the status of the check,
draft, order or deposit involved, or of anv collateral agreement with
reference to the check, draft or order, shall be admissible unless such
statements, or representations, or collateral agreement, be written upon
the instrument.

6. An act entitled an act to make it larceny to obtain, with fraudu-
lent intent, money or other property or credit by means of a check,
draft or order, and to make a failure to have on deposit, or to the
credit of the maker or drawer thereof with the bank, person, firm or
corporation on which such check, draft or order is drawn, sufficient
funds to pay the same in full when presented, prima facie evidence of
fraudulent intent, approved March twentieth, nineteen hundred and
twenty, and an act entitled an act declaring it a misdemeanor for any
maker or drawer, with intent to defraud, to make or draw or utter or
deliver any check, draft, or order, when such person has not sufficient
funds in, or credit with the depository upon which the same is drawn,
and making certain provisions in relation to the admissibility of evi-
dence in civil cases respecting collateral agreements, statements or
representations as to said draft, check or order, growing out of arrest
under this act, approved March twenty-fourth, nineteen hundred and
twenty-six, be, and the same are hereby, repealed.