CHAPTER 336

An Act to amend and reenact § 19-168, as amended, of the Code of Vir-
ginia, relating to the trial of misdemeanors by the court without a jury
so as to permit such trial in the absence of the defendant when he fails
to appear in accordance with the conditions of his recognizance or

bond.
[S 120]
Approved April 2, 1954
Be it enacted by the General Assembly of Virginia:

1. That § 19-168, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 19-168. In all cases of a misdemeanor upon a plea of guilty,
tendered in person by the accused or by his counsel, the court shall, and
upon a plea of not guilty, with the consent of the accused, given in person
or by his counsel, and of the attorney for the Commonwealth, both entered
of record, the court, in its discretion, may hear and determine the case
without the intervention of a jury. In all such cases the court shall have
and exercise all the powers and duties vested in juries by any statute re-
lating to crimes and punishments.

When a person charged with a misdemeanor has been admitted to bail
or released upon his own recognizance for his appearance before a court
of record having jurisdiction of the case, for a hearing thereon and fails to
appear in accordance with the condition of his bail or recognizance, he
shall be deemed to have waived trial by a jury and the case may be heard
in his absence as upon a plea of not guilty if the bond or recognizance
states that nonappearance shall be deemed to constitute a waiver of trial

y jury.
An Act to amend and reenact § 29-209, as amended, of the Code of Vir-
ginia relating to disposition of dog fund. 8 178}

Approved April 2, 1954
Be it enacted by the General Assembly of Virginia:

1. That § 29-209, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 29-209. After paying the fifteen per centum on gross collections to
the State Treasurer as otherwise provided, the remaining amount in the
dog fund of the county or city shall first be used to pay for control of rabies,
treatment of persons for rabies, advertising notices, freight and express
or postage, and if the remainder is sufficient, all damages to livestock or
poultry, and if the governing body of the county so desires it may make
therefrom an allowance to the game warden for services, and all allowances
and payments heretofore made by the governing body of any county to game
wardens and ex officio game wardens for services are hereby validated. In
the event the remainder is not sufficient to pay such damages, the claims
shall be filed and paid in the order of presentation out of the first available
money coming into the fund. :

In the county of Orange, the governing body may employ, and pay
from the dog fund, a person or persons to investigate claims made for pay-
ment under this section.

Should there not be a sum sufficient in the dog fund of the county of
Augusta or of the county of Albemarle to defray all costs in such county,
including the payment of claims as provided in § 29-202, then the govern-
ing body of such county may appropriate a sufficient amount from the
general fund of such county to provide payment of such costs and claims.

Any funds in excess of two hundred fifty dollars remaining in the
hands of the treasurer on December thirty-first may on that date be trans-
ferred into the general fund of the county or city, or at the discretion of
the governing body of any county or city, any portion thereof may be trans-
ferred into a special fund and used for the purpose of replenishing or re-
stocking quail or other game in such county or counties adjoining such city ;
provided, that in the counties of Giles * and Wythe and the city of War-
wick, the entire fund remaining in the hands of the treasurer on December
thirty-first shall be transferred by the governing body into a special fund
and, subject to the approval of the Commission, shall be used for the pur-
pose of replenishing, restocking and protecting quail or other game and
game fish in the county; provided, that in the county of Giles the govern-
ing body shall transfer the entire fund remaining in the hands of the
treasurer on December thirty-first of each year into a special fund to be
used for the purpose of replenishing or restocking and protection of quail
and other game and game fish in the county, and in the county of Essex
the governing body shall likewise transfer the sum of two hundred fifty
dollars, as above provided, for the same purpose of replenishing or restock-
ing and protection of quail and other game and game fish in the county;
provided, that in * the county * of Wythe and the city of Warwick the
special fund or any portion thereof not so expended at the expiration of
two years from the date of its transfer as such special fund shall revert to
the general fund of the county or city, respectively, and in the discretion
of the governing body be apportioned as next herein provided.

In the discretion of the governing body of the respective counties, the
fund remaining in such county may be apportioned between the county
and any incorporated town or towns in such county in the proportion that
the amount of the license tax collected in the town or town bears to the
total dog license tax in the county in which the town or towns are located,
to be used as the governing body of the town directs, except that in the
county of Essex no apportionment shall be made to the town of Tappa-
hannock and that in the county of Middlesex no apportionment shall be
made to the town of Urbanna.

Any funds heretofore set aside in the county of Grayson for the pur-
pose of replenishing, restocking and protecting quail or other game and
game fish in the county may, by order of the governing body of the county,
be transferred to the general fund of the county.

In the counties of Buchanan and Dickenson, the entire fund remaining
in the hands of the treasurer on December thirty-first shall be transferred
by the governing body into a special fund and subject to the approval of
the Commission of Game and Inland Fisheries shall be used for the purpose
of replenishing, restocking and protecting game birds and game animals
and game fish in the counties.