Chap. 335.—An ACT to amend and re-enact an act entitled ‘‘An Act allowing cash

deposits in lieu of recognizances with surety in criminal cases.” approved March

21, 1924, so as to authorize application of cash deposits on fines and costs in

case of conviction, and provide for other disposition thereof in certain circum-

stances, and to require justices of the peace to give bond before receiving such

cash deposits. [S B 203]
Approved March 29, 1940

1. Be it enacted by the General Assembly of Virginia, That an
act entitled “An Act allowing cash deposits in lieu of recognizances
with surety in criminal cases,’’ approved March twenty-first, nine-
taen hundred and twenty-four. he amended and re-enacted so as to
Section 1. When a person charged with a criminal offense is
admitted to bail by a court or an officer authorized by law so to do,
for his appearance before a court or justice having jurisdiction of the
case, for a hearing thereon, he may, instead of entering into a re-
cognizance with surety, give his personal recognizance and deposit,
or cause to be deposited for him, in cash, the amount of bail he is
required to furnish, with such court or officer, who shall give him an
official receipt therefor.

In order that justices of the peace may be able to give such official
receipts, it shall be the duty of the Auditor of Public Accounts to
provide all such justices with official pre-numbered receipt books in
quadruplicate, consisting of an original and three carbon copies, the
original receipt to go to the person posting the cash bond, the first
carbon copy to go to the court or justice before whom such person is
recognized to appear, the second carbon copy to the Auditor of Public
Accounts, and the other copy to remain in said receipt book; and the
justice of the peace with whom such cash was so deposited, shall
deliver the same, along with the said first carbon copy of said receipt,
to the said court or justice before whom such person is recognized to
appear, or to the clerk of such court or justice, if authorized by law
to receive the same, who shall give him an official receipt therefor;
provided, however, that no justice of the peace shall receive any such
cash deposit unless and until he shall have given bond before the
clerk of the circuit court of his county in the penalty of five hundred
dollars, with approved security, and conditioned for the faithful per-
formance of his duties and the proper accounting for all money that
may come into his hands.

Section 2. If there be no default in the observance of the con-
ditions of the recognizance, or if there be default and it be a case which
may be tried in the absence of the defendant and he is so tried, and if,
upon the trial of the case, the defendant be found not guilty, the
money so deposited shall be refunded to him, or upon his order, but
if he be found guilty, the court or justice trying the case shall apply
the said money, or so much thereof as may be necessary, to the pay-
ment of such fines and costs, or costs, as may be adjudged against
the said defendant, and the residue thereof, if any, shall be paid over to
the defendant, or upon his order; provided, that if there be an appeal
from the judgment of a justice trying any such case, or if it be a
charge of felony and be sent on for investigation by a grand jury, the
money so deposited shall be paid over by such justice to the clerk of
the court to which such appeal is taken, or to which the case is sent
on for investigation by a grand jury thereof, who shall issue to such
justice his official receipt therefor.

If there be default in any such recognizance, and if the case be not
tried in the absence of the defendant and the money disposed of as
hereinabove provided for, the forfeiture thereof shall be noted of
record, and proceedings had thereon, as provided by law, and the
money so deposited shall be held subject to the order of the court
upon the final disposition of such proceedings.