CHAPTER 366

An Act to revise, rearrange, amend and recodify the general laws of
Virginia relating to criminal procedure; to that end to repeal Title 19 o}
the Code of Virginia, which title includes Chapters 1 to 13 and §§ 19-1
to 19-342, inclusive, of the Code of Virginia, as amended, which title
relates to criminal procedure; to amend the Code of Virginia by ad-
ding thereto in lieu of the foregoing title, chapters and sections 0}
the Code repealed by this act a new title numbered 19.1, which title
wncludes fifteen new chapters numbered 1 to 15, both inclusive, and
new sections numbered §§ 19.1-1 to 19.1-878, both inclusive, relating
to criminal procedure; to prescribe when such revision and recodtfi-
cation shall become effective; and to repeal all acts and parts of acts
in conflict with the provisions of this act. g
[S11]

Approved March 30, 1960

Be it enacted by the General Assembly of Virginia:

1. That Title 19 of the Code of Virginia, which title includes Chapters
1 to 13 and §§ 19-1 to 19-342, inclusive, of the Code of Virginia, as amended,
is repealed.

2. That the Code of Virginia be amended by adding thereto, in lieu of the
title, chapters and sections of the Code of Virginia herein repealed, a new
title numbered 19.1, fifteen new chapters numbered 1 to 15, both inclusive,
and new sections numbered 19.1-1 to 19.1-373, both inclusive, which new
title, chapters and sections are as follows:

CHAP. 1
GENERAL PROVISJONS
ARTICLE 1

TRANSITION PROVISIONS

§ 19.1-1. All acts and parts of acts, all sections of this Code, and all
provisions of municipal charters, inconsistent with the provisions of
this title, are, except as herein otherwise provided, repealed to the extent of
such inconsistency.

§ 19.1-2. The repeal of Title 19 effective as of July 1, 1960, shall not
affect any act or offense done or committed, or any penalty or forfeiture
incurred, or any right established, accrued, or accruing on or before such
date, or any prosecution, suit or ‘action pending on that day. Except as
herein otherwise provided, neither the repeal of Title 19 nor the enactment
of this title shall apply to offenses committed prior to July 1, 1960, and
prosecutions for such offenses shall be governed by the prior law, which is
continued in effect for that purpose. For the purposes of this section, an
offense was committed prior to July 1, 1960, if any of the essential elements
of the offense occurred prior thereto.

§ 19.1-8. Any notice given, recognizance taken, or process or writ
issued before July 1, 1960, shall be valid although given, taken or to be
returned to a day after such date, in like manner as if this title had been
effective before the same was given, taken or issued.

§ 19.1-4. Whenever in this title any of the conditions, requirements,
provisions or contents of any section, article or chapter of Titles 18 and 19,
as such titles existed prior to July 1, 1960, are transferred in the same or in
modified form to a new section, article or chapter of this title or of Title
18.1, and whenever any such former section, article or chapter is given a
new number in this title or in Title 18.1, all references to any such former
section, article or chapter of Title 19 or of Title 18 appearing elsewhere
in this Code than in this title or in Title 18.1, shall be construed to apply
to the new or renumbered section, article or chapter containing such con-
ditions, requirements, provisions or contents or portions thereof.

ARTICLE 2

PROVISIONS OF A GENERAL NATURE

§ 19.1-5. In the construction of this title and of each section thereof,
the rules of construction set forth in Chapter 2 of Title 1 of this Code shall
be observed, unless such construction would be inconsistent with the mani-
fest intent of the General Assembly.

The word “court” as used in this title, unless otherwise clearly indi-
cated by the context in which it appears, shall mean and include any court
vested with appropriate jurisdiction under the Constitution and laws of
this Commonwealth.

The word “judge” as used in this title, unless otherwise clearly indi-
cated by the context in which it appears, shall mean and include any judge,
associate judge or substitute judge, or police justice, of any court.

The words “courts not of record”, “county court” and “municipal
courts” as used in this title, unless otherwise clearly indicated by the con-
text in which they appear, shall have the respective meanings assigned to
them in Chapter 1 of Title 16.1 of this Code.

§ 19.1-6. The Governor may offer a reward for apprehending and
securing any person convicted of an offense or charged therewith, who shall
have escaped from lawful custody or confinement, or for apprehending and
securing any person charged with an offense, who, there is reason to fear,
can not be arrested in the common course of proceeding. But no such re-
ward shall be paid to any sheriff, sergeant, or other officer who arrests such
person by virtue of any process in his hands to be executed. The Governor
may also offer a reward for the detection and conviction of the person guilty
of an offense when such offense has been committed but the person guilty
thereof is unknown.

§ 19.1-7. When the judge of a circuit or corporation court in which a
prosecution is pending is connected with the accused or party injured, or is
so situated in respect to the case as in his opinion to render it improper that
he should preside at the trial, he shall enter the fact of record and the clerk
of the court shall at once certify this fact to the Chief Justice of the
Supreme Court of Appeals and thereupon another judge shall be appointed,
in the manner prescribed by § 17-7, to preside at the trial.

§ 19.1-8. A prosecution for a misdemeanor, or any pecuniary fine, for-
feiture, penalty or amercement, shall be commenced within one year next
after there was cause therefor, except that a prosecution for petit larceny
may be commenced within five years, and for an attempt to produce abor-
tion, within two years after commission of the offense; and a prosecution
for obtaining, attempting to obtain, aiding or abetting in obtaining public
assistance under the Virginia Public Welfare and Assistance Laws by
means of a willful false statement, representation, impersonation or other
fraudulent device shall be commenced within five years next after the com-
mission of the offense. Nothing in this section shall be construed to extend
to any person fleeing from justice, or be construed to limit the time within
which any prosecution may be commenced for desertion of a wife or child
or for neglect or refusal or failure to provide for the support and mainte-
nance of a wife or child.

§ 19.1-9. If the attorney for the Commonwealth of any county or city
is connected by blood or marriage with the accused, or is so situated with
respect to such accused as to render it improper, in his opinion, concurred
in by the judge, for him to act, or if the attorney for the Commonwealth of
any county or city is unable to act, or to attend to his official duties as attor-
ney for the Commonwealth, then upon notification by such attorney for the
Commonwealth, or upon the certificate of his attending physician, or the
clerk of the court, which fact shall be entered of record, the judge of the cir-
cuit, corporation or hustings court of the county or city, as the case may be,
shall appoint an attorney at law for such case or cases, term or terms of
court, or period or periods of time, as may be necessary or desirable, and
the same to be forthwith entered of record.
§ 19.1-10. Such attorney at law shall act in place of, and otherwise
perform the duties and exercise the powers of, such disqualified or dis-
abled attorney for the Commonwealth, in regard to such case or cases, for
the term or terms of the court, or the period or periods of time, for which
the appointment and designation is made, or until the disqualified or dis-
abled attorney for the Commonwealth shall again be able to attend to his
duties as such.

The attorney at law so appointed shall receive such compensation as
the judge of the circuit court of the county or circuit or other court of the
city in which the case is tried or the service is rendered deems reasonable,
In addition to his actual expenses for the time that he is actually engaged,
such compensation and expenses to be paid by the State.

§ 19.1-11. If it shall be necessary for the attorney for the Common-
wealth of any county or city to absent himself from the performance of the
duties of his office by reason of service in the armed forces of the United
States, or for any reason, then, upon notification by such attorney for the
Commonwealth, and the facts being entered of record, the judge of the cir-
cuit or corporation court, as the case may be, of such county or city shall
appoint an attorney at law as acting attorney for the Commonwealth to
serve for such length of time as may be necessary. Such acting attorney for
the Commonwealth shall act in place of and otherwise perform the duties
and exercise the powers of such regular attorney for the Commonwealth,
and while so acting shall receive the salary and allowance for expenses fixed
by the State Compensation Board for such regular attorney for the Com-
monwealth, who during such length of time shall not receive any such salary
or allowance.

§ 19.1-12. Chapter 360 of the Acts of 1920, approved March 20, 1920,
codified as § 4970a of Michie Code 1942, authorizing the appointment of
public defenders in cities having a population of not less than one hundred
age seri and not more than one hundred and sixty thousand, is continued
in effect.

§ 19.1-18. Chapter 292 of the Acts of 1958, authorizing the appoint-
ment of public defenders in any county having a population of more than
fifty-seven thousand, but less than sixty-five thousand which adjoins a city
having a population in excess of two hundred and thirty thousand and in
any county having a density of population in excess of four thousand per
square mile, is incorporated in this Code by this reference.

§ 19.1-14. When any person indicted in the courts of this State for a
violation of its laws, has his case removed to the district court of the United
States under § 33 of the Judicial Code of the United States, it shall be the
duty of the attorney for the Commonwealth for the county or city in which
any such indictment is found to prosecute any such case in the United States
district court to which the same shall be so removed, and for his services in
this behalf he shall be paid a fee of one hundred dollars for each case tried
by him in such United States district court, and mileage at the rate now al-
lowed by law to the members of the General Assembly for all necessary
travel in going to and returning from such court, to be paid on his account
when approved by the Attorney General.

A per diem of one dollar and fifty cents for each day of actual attend-
ance upon such United States district court and mileage of five cents a mile
for every mile of necessary travel in going to and returning from such court
shall be paid out of the State treasury to each witness for the Common-
wealth in every such case upon accounts therefor against the Common-
wealth, certified by the attorney for the Commonwealth prosecuting such
case and approved by the Attorney General.

It shall not be the duty of the Attorney General to appear for the Com-
monwealth in such cases unless he can do so without interfering with the
efficient discharge of the duties imposed upon him by law; but he may
appear with the attorney for the Commonwealth prosecuting such case in
any case when the interests of the Commonwealth may in his judgment re-
quire his presence.

The Comptroller shall from time to time draw his warrants upon the
State treasury in favor of the parties entitled to be paid the above com-
pensation and expenses, or their assigns, upon bills certified and approved
as above prescribed.

§ 19.1-15. No proceeding of outlawry shall hereafter be instituted or
prosecuted.

§ 19.1-16. No court, judge or justice of the peace shall impose a fine
upon a juror, witness or other person for disobedience of its process or any
contempt, unless he either be present in court or before such justice at the
time, or shall have been served with a rule, returnable to a certain time,
requiring him to show cause why the fine should not be imposed and shall
have failed to appear and show cause.

§ 19.1-17. Any forfeiture incurred by violations of §§ 18.1-323, 18.1-
340, or 18.1-341, or in accordance with § 18.1-346 shall be enforced ‘under
Chapter 15 of this title, except as follows:

(1) § 19.1-364 and so much of § 19.1-368 as relates to § 19.1-364, shall
not apply to the case; and

(2) Any money, condemned as forfeited, shall not be sold, but shall be
disposed of by the court in like manner as the proceeds of forfeited property
condemned and sold.

§ 19.1-18. When a person is in jail or under a recognizance to answer a
charge of assault and battery or other misdemeanor, or has been indicted
for an assault and battery or other misdemeanor, for which there is a
remedy by civil action, unless the offense was committed by or upon a
sheriff or other officer of justice, or riotously, or with intent to commit a
felony, if the party injured appear before the judge or justice who made
the commitment or took the recognizance, or before the court in which the
indictment is pending, and acknowledge in writing that he has received
satisfaction for the injury, such judge, justice, or court may, in his or its
discretion, by an order, supersede the commitment, discharge the recog-
nizance, or dismiss the prosecution, upon payment by the defendant of costs
accrued to the Commonwealth or any of its officers.

§ 19.1-19. Every order discharging a recognizance shall be filed with
the clerk before the session of the court at which the party was to appear
and an order superseding a commitment shall be delivered to the jailor, who
shall forthwith discharge the witnesses, if any, and the accused, and against
him judgment shall be entered in the court for the costs of the prosecution.

CHAP. 2
PREVENTION OF COMMISSION OF CRIMES

§ 19.1-20. Every judge throughout the State and every justice of the
peace, commissioner in chancery, and county surveyor while in the per-
formance of the duties of his office within his county or corporation shall
be a conservator of the peace, and may require from persons not of good
fame security for their good behavior for a term not exceeding one year.
Every conservator of the peace shal] arrest without. a warrant for felonies
committed in his presence, or upon reasonable suspicion of felony, and for
breaches of the peace and all misdemeanors of whatever character com-
mitted in his presence.

§ 19.1-21. If complaint be made to any such conservator that there is
good cause to fear that a person intends to commit an offense against the
person or property of another, he shall examine on oath the complainant,
and any witness who may be produced, reduce the complaint to writing,
and cause it to be signed by the complainant; and if it appear proper, such
conservator shall issue a warrant, reciting the complaint, and requiring
the person complained of forthwith to be apprehended and brought before
him or some other conservator.

§ 19.1-22. When such person appears, if the conservator, on hearing
the parties, considers that there is not good cause for the complaint, he
shall discharge such person, and may give judgment in his favor against
the complainant for his costs. If he considers that there is good cause
therefor, he may require a recognizance of the person against whom it is,
and give judgment against him for the costs of the prosecution, or any part
thereof; and, unless such recognizance be given, he shall commit him to
jail by a warrant, stating the sum and time in and for which the recog-
nizance is directed. The person given judgment under this section for
costs may issue a writ of fieri facias thereon, if an appeal be not allowed;
and proceedings thereupon may be according to §§ 16.1-99 through 16.1-101.

§ 19.1-23. A person from whom such recognizance is required may
appeal to the circuit court of the county or corporation court of the corpo-
ration, and, in such case, the officer from whose judgment the appeal is
taken shall recognize such of the witnesses as he thinks proper; provided,
however, that the person taking the appeal may be required to give bail,
with good security, for his appearance at the circuit court of the county
or corporation court of the city.

§ 19.1-24. The court may dismiss the complaint or affirm the judg-
ment, and make what order it sees fit as to the costs. If it award costs
against the appellant, the recognizance which he may have given shall
stand as security therefor. When there is a failure to prosecute the appeal,
such recognizance shall remain in force, although there be no order of
affirmance. On any appeal the court may require of the appellant a new
recognizance if it see fit.

§ 19.1-25. Any person committed to jail under this chapter may be
discharged by the circuit court of the county or corporation court of the
corporation on such terms as it may deem reasonable.

§ 19.1-26. If a person go armed with a deadly or dangerous weapon,
without reasonable cause to fear violence to his person, family, or property,
he may be required to give a recognizance, with the right of appeal, as be-
fore provided, and like proceedings shall be had on such appeal.

§ 19.1-27. If a person, in the presence of a court or a conservator of
the peace, make an affray, or threaten to kill or to beat another or to com-
mit violence against his person or property, or contend with angry words,
to the disturbance of the peace, he may, without process or further proof,
be required to give a recognizance.

§ 19.1-28. The circuit, corporation or hustings court, or the judge
thereof in vacation, of any county, city or town in which is located

(1) any place where there are great gatherings of people, or

(2) any place, private or otherwise, which in the discretion of the
court is deemed essential to national and State defense, or

(3) any university or college, or

(4) any penal or correctional institution under control of the De-
partment of Welfare and Institutions, may, upon proper application there-
for, appoint one or more citizens of the Commonwealth conservator or con-
servators of the peace to hold office for such period of time as the court o1
judge thereof in vacation may fix, not to exceed one year from the time of
appointment. Such application shall be made by

(1) the proprietor of such place, or
(2) anyone alleging that the place involved is essential to and should
be specially policed in the interest of national and State defense, or

(3) the board of visitors or trustees or other constituted authority of
such university or college, or

(4) the superintendent of such penal or correctional] institution.

The jurisdiction of such conservators of the peace shall extend over
the grounds attached to such place, university, college or institution within
such limits as shall be prescribed in the order appointing any such con-
servator; provided, however, that the jurisdiction of any conservator ap-
pointed for a university or college located within a city may also extend to
the streets and sidewalks adjacent to the grounds thereof; and provided
further that any conservator appointed for any penal or correctional in-
stitution shall be an employee of such institution and termination of such
employment shall automatically revoke such appointment. Any such con-
servator shall, within the limits for which appointed, have the power and
jurisdiction of any other conservator of the peace.

§ 19.1-29. Any such conservator appointed under the provisions of
the preceding section, whose jurisdiction is limited to the grounds attached
to an airport, need not be a citizen of the Commonwealth if the proprietors
of such airport shall, before any such conservator shall enter upon the
duties of the office, enter into bond with approved surety before the county
clerk of the county wherein such airport is located in the penalty of one
thousand dollars for each conservator so appointed, with condition for the
faithful discharge of his official duties.

§ 19.1-30. Any court or judge mentioned in § 19.1-28 may also ap-
point, for the places mentioned in that section, one or more citizens as
policeman or policemen with the same powers and duties as are vested in
special policemen in counties under the provisions of Article 2 of Chapter
17 of Title 15, except that they shall not have authority to execute civil
process. Before any such policeman shall enter upon the duties of his
office, he shall enter into bond with approved security before the county
clerk of the county for which he is appointed in the penalty of one thousand
dollars, with condition for the faithful discharge of his official duties.

§ 19.1-31. Any conservator or policeman appointed under the pro-
visions of §§ 19.1-28 or 19.1-30 shall pay any and all fees or mileage al-
lowances which he may receive for the performance of such duties as he
may perform under such sections into the treasury of the county or city
in which he is appointed.

§ 19.1-32. The supervisor or any justice of the peace of the magis-
terial district wherein a camp meeting or any other religious meeting is
held may, in his discretion, upon the written application of the conductor
of such meeting, in writing appoint as many persons as temporary police-
men as he may deem necessary to preserve order at such meeting, who
shall have, within one-half of a mile of such meeting, the powers vested in
special policemen in counties under the provisions of Article 2 of Chapter
17 of Title 15, and shall receive the same fees as are allowed sheriffs of
counties for making arrests and carrying prisoners to jail, and when ap-
pointed by a supervisor shall receive two dollars per day to be paid out
of the county treasury.

The superintendent or other person in charge of any fair grounds or
any public or private cemetery shall, for the purpose of maintaining order
and enforcing the criminal and police laws of the State, or the county or
city in which such fair grounds or cemetery is situated, have all the powers,
functions, duties, responsibilities and authority of a conservator of the
peace within the fair grounds or cemetery over which he may have charge
and within one-half of a mile around the same.

Every person appointed as temporary policeman or exercising any
powers as a conservator of the peace pursuant to the provisions of this
section shall, before entering upon the duties of such office enter into bond
with approved surety before the county clerk of the county or the clerk of
the corporation court of the city wherein such duties are to be performed
in the penalty of $1,000.00, with condition for the faithful discharge of
his official duties. .

§ 19.1-32.1. The judges of the circuit court of any county having a
density of population in excess of five thousand per square mile may from
time to time appoint as many special justices for such county as they deem
necessary or proper to perform the duties and exercise the powers set out
herein. The terms of office of all such special justices including those now
in office shall expire on March one, nineteen hundred sixty-four and on
March one of each fourth year thereafter. Such appointments shall be re-
vocable at the pleasure of the appointing authority. Such special justices
shall qualify in the same manner as is prescribed by law for justices of the
peace, and shall be conservators of the peace within the county for which
they are appointed. They shall exercise within such county all the power
and authority which is conferred upon justices of the peace by general
law except the power to issue civil processes. When any court violations
bureau shall be duly established in any such county, then such special
justices shall also be employees of such county for the purpose of per-
forming the duties and functions of such bureau and shall be subject to all
such general administrative regulations governing county employees as
may be reasonably applied to such special justices and the judge of the
county court of such county shall have the power of the chief administra-
tive officer of such bureau. The salaries of special justices shall be fixed
and paid by the governing body of the county, in which event all fees col-
lected by such justices or to which they shall be entitled shall be paid
monthly into the county treasury and used as far as possible to pay such
salaries. After the appointment of such special justices for a county, no
justice of the peace shall thereafter be elected or appointed for such county.

CHAP. 3
POST-MORTEM EXAMINATIONS

§ 19.1-33. All powers and duties relating to Post-Mortem Examina-
tions heretofore vested in and performed by the State Board of Health and
the Commissioner of Health shall hereafter remain vested in and per-
formed by such Board and Commissioner as herein provided.

§ 19.1-34. The Chief Medical Examiner shall continue in office to
serve at the pleasure of the Commissioner and the Board. Vacancies in
the office of Chief Medical Examiner shall be filled by the State Health
Commissioner with the approval of the State Board of Health. The Chief
Medical Examiner shall be a skilled pathologist and eligible to be licensed
as a doctor of medicine. He shall receive such salary as may be fixed by
aw.

§ 19.1-35. The Chief Medical Examiner shall take the oath prescribed
by section thirty-four of the Constitution, and enter into bond before the
clerk of the Circuit Court of the City of Richmond in the penalty of five
thousand dollars before entering upon the duties of office.

§ 19.1-36. The State Health Commissioner shall establish and main-
tain, under the supervision of the Chief Medical Examiner, a central office
and a laboratory in the City of Richmond, and with the approval of the
Governor first obtained, such district offices and laboratories in such locali-
ties in the State as are deemed necessary, having adequate professional and
technical personnel and physical facilities for the conduct of post-mortem
examinations and of such pathological, bacteriological and toxicological in-
vestigations as may be necessary or proper. The State Health Commis-
sioner shall provide the Chief Medical Examiner with such furniture, equip-
ment, records and supplies as may be required in the conduct of this office.
The State Health Commissioner may, if he deems it advisable to do so, con-
tract with the Medical College of Virginia for the use of certain of its
laboratories, its morgue and other technical facilities, and space in one of
its buildings as a central office and laboratory for the Chief Medical Ex-
aminer and his staff. In the discretion of the State Health Commissioner
the Chief Medical Examiner and his assistants may be made available to
the Medical College of Virginia and the Medical School of the University
of Virginia for teaching legal medicine and other subjects closely related
to their duties.

§ 19.1-37. The Chief Medical Examiner, with the approval ot the
State Health Commissioner, may employ such clerical and other assistants
as are necessary for the performance of the duties of his office. The salaries
of assistants and employees shall be fixed by the Chief Medica] Examiner,
with the approval of the State Health Commissioner in accordance with
law. All persons appointed by the Chief Medical Examiner shall be re-
sponsible to him and may be removed by him for any reasonable cause.

_ _§ 19.1-38. The salaries of the Chief Medical Examiner, and the tech-
nical and clerical personnel in the central office and laboratory, the ex-
penses of maintaining the central office and laboratory, the cost of path-
ological, bacteriological and toxicological services rendered by others than
the Chief Medical Examiner and his assistants, and the traveling and other
expenses of the personnel of the central and district offices and labora-
tories, shall be paid by the State out of funds appropriated for the purpose.

§ 19.1-39. In order to provide proper facilities for investigating the
causes of deaths as authorized in this chapter the State Health Commis-
sioner may employ and pay qualified pathologists and toxicologists to make
autopsies and such other pathological and chemical studies and investiga-
tions as may be deemed necessary or advisable by the Chief Medical Ex-
aminer, and may arrange for the use of existing laboratory facilities for
such purposes whenever these are available.

§ 19.1-40. Each three years, the Chief Medical Examiner shall appoint
for each county and city in the State one or more medical examiners to
take office on the first day of October after appointment and to serve for
terms of three years and until their successors are appointed by the Chief
Medical Examiner and have qualified. All vacancies in the office of Medical
Examiner shall be filled by the Chief Medical Examiner for the unexpired
terms, and temporary appointments shall be filled by the Chief Medical
Examiner. Each medical examiner shall be appointed from a list of two or
more licensed doctors of medicine submitted by the component Medical
Society of the county or city in which the appointment is to be made, or
of the district in which the county or city is located. If no list of names
is submitted by the society the Chief Medical Examiner shall appoint a
medical examiner or medical examiners from the licensed medical doctors
of such county or city. In the event the medical examiner of any county or
city, on account of illness or enforced absence or personal interest is unable
to serve in any particular case or for any period of time, the Chief Medical
Examiner shall then designate some other qualified doctor of medicine in
such county or city to serve in the place of the regular medical examiner in
making any examination or report required.

§ 19.1-41. Upon the death of any person from violence, or suddenly
when in apparent health, or when unattended by a physician, or in prison,
or in any suspicious, unusual or unnatural manner, the medical examiner
of the county or city in which death occurs shall be notified by the physician
in attendance, by any law enforcement officer having knowledge of such
death, by the undertaker, or by any other person present.
§ 19.1-42. Upon receipt of such notice the medical examiner shall
take charge of the dead body, make inquiries regarding the cause and
manner of death, reduce his findings to writing, and promptly make a full
report thereof to the Chief Medical Examiner on forms prescribed for such
purpose, retaining one copy of such report for his own and delivering an-
other copy to the attorney for the Commonwealth of his county or city.
Full directions as to the nature, character and extent of the investigation
to be made in such cases shall be furnished the medical examiner by the
Chief Medical Examiner, together with appropriate forms for the re-
quired reports and instructions for their use. For each investigation under
this chapter, including the making of the required reports, the medical
examiner shall receive a fee of ten dollars, this to be paid by the State,
unless the deceased is a legal resident of the county or city in which his
eae occured, in which event such county or city shall be responsible for

e fee.

§ 19.1-43. If in the opinion of the medical examiner or of the Chief
Medical Examiner it is advisable and in the public interest that an autopsy
be made, or if an autopsy is requested by the attorney for the Common-
wealth or by the judge of the circuit or corporation court of the county
or city wherein such body is, such autopsy shall be made by the Chief Med-
ical Examiner, or by such competent pathologist or toxicologist as may be
designated by the Chief Medical Examiner for the purpose. A full record
and report of the facts developed by the autopsy and findings of the person
making such autopsy shall be promptly made and filed with the medical
examiner and in the office of the Chief Medical Examiner, and, if in the
opinion of the Chief Medical Examiner or the medical examiner it is
proper, or if requested by the attorney for the Commonwealth of the
county or city where death occurred or of the county or city wherein any
injury contributing to or causing death was sustained, a copy of the re-
port ot the autopsy shall be furnished such attorney for the Common-
wealth.

If, in any case of sudden, violent or suspicious death, the body is
buried without any inquiry by a medical examiner as to the cause and
manner of death, or without any autopsy being held or performed, it shall
be the duty of the medical examiner, upon being advised of such fact, to
notify the attorney for the Commonwealth thereof, who shall communicate
the same to the judge of the circuit or corporation court, as the case may
be, and such judge may, by an order entered in the common-law order
book of his court, require that the body be exhumed and an autopsy per-
formed thereon by the Chief Medical Examiner or by a pathologist or
toxicologist designated by him for the purpose, and the pertinent facts
disclosed by the autopsy shall be communicated to the judge who ordered
it, for such action thereon as he, or the court of which he is judge, deems
proper.

§ 19.1-44. Under proper rules and regulations promulgated by the
Chief Medical Examiner the facilities of the central laboratory and the
services of its professional staff shall be made available to the medical
examiners in their investigations under the provisions of this chapter.

§ 19.1-45. Reports of investigations made by the Chief Medical Ex-
aminer or his assistants or by medical examiners, and the records and
reports of autopsies made under the authority of this chapter, shall be
received as evidence in any court or other proceeding, and copies of
records, photographs, laboratory findings and records in the office of the
Chief Medical Kxaminer or any medical examiner, when duly attested
by the Chief Medical Examiner or one of his Assistant Chief Medical
Examiners, or the medical examiner in whose office the same are, shall
be received as evidence in any court or other proceeding for any purpose
for which the original could be received without any proof of the official
character of the person whose name is signed thereto.

§ 19.1-46. After the investigation has been completed, including an
autopsy if one is made, the dead body shall be delivered to the relatives or
friends of the deceased person for burial. If no person claims the body
it shall be turned over to the sheriff of the county or the sergeant or other
like law enforcement officer of the city where death occurred for proper
disposition. The expenses incurred by such officer in the disposal of the
dead body shall be borne by the county or city where death occurred if
the deceased person had no known place of residence within the State, but
if the deceased person was a resident of Virginia at the time of death such
expenses shall be paid by the county or city of residence. No such ex-
penses shall be paid until allowed by the court of such officer’s county or
city. If the deceased person has estate out of which burial expenses can
be paid, either in whole or in part, such estate shall be taken for such
a et before any expense under this section is imposed upon the county
or city.

CHAP. 4
EXTRADITION OF CRIMINALS
ARTICLE 1
FUGITIVES FROM FOREIGN NATIONS

§ 19.1-47. The Governor shall whenever required by the executive
authority of the United States, pursuant to the Constitution and laws
thereof, deliver over to justice any person found within the State, who is
charged with having committed any crime without the jurisdiction of the
United States.

§ 19.1-48. The Governor, though not so required, may, in his dis-
cretion, deliver over to justice any person found within the State who is
charged with having committed, without the jurisdiction of the United
States, any crime, except treason, which by the laws of this State, if com-
mitted therein, is punishable with death or confinement in the peniten-
tiary. Such delivery shall only be made on the requisition of the duly au-
thorized officers or agents of the government within the jurisdiction ofr
which the crime is charged to have been committed; and the Governor
shall require such evidence of the guilt of the person so charged as would
be necessary to justify his apprehension and commitment for trial had
the crime charged been committed within this State. The expense of ap-
pretense and delivery shall be defrayed by those to whom the delivery
is made.

ARTICLE 2

UNIFORM CRIMINAL EXTRADITION ACT

§ 19.1-49. When appearing in this chapter:

(1) The term “Governor” includes any person performing the func-
tions of Governor by authority of the law of this State;

(2) The term “executive authority” includes the Governor, and any
gen performing the functions of Governor in a state other than this

tate ;

(3) The term “State”, referring to a state other than this State, in-
cludes any other state or territory, organized or unorganized, of the United
States of America, and the District of Columbia; and

(4) The term “judge” means a judge of a court of record having
criminal jurisdiction.

§ 19.1-50. Subject to the provisions of this chapter, the provisions of
the Constitution of the United States controlling, any and all acts of
Congress enacted in pursuance thereof, the Governor shall have arrested
and delivered up to the executive authority of any other of the United
States any person charged in that state with treason, felony, or other
crime, who has fled from justice and is found in this State.

§ 19.1-51. No demand for the extradition of a person charged with,
or convicted of, crime in another state shall be recognized by the Governor
unless in writing alleging, except in cases arising under § 19.1-55, that the
accused was present in the demanding state at the time of the commission
of the alleged crime and that thereafter he fled from such state, and ac-
companied: (1) by a copy of an indictment found, (2) by a copy or an
information supported by an affidavit filed in the state having jurisdiction
of the crime, (3) by a copy of an affidavit made before a magistrate in
such state together with a copy of any warrant which was issued there-
upon, or (4) by a copy of a judgment of conviction or of a sentence im-
posed in execution thereof together with a statement by the executive
authority of the demanding state that the person claimed has escaped from
confinement or has broken the terms of his bail, probation or parole. The
indictment, information or affidavit made before the magistrate must sub-
stantially charge the person demanded with having committed a crime
under the law of that state; and the copy of the indictment, information,
affidavit, judgment of conviction or sentence must be authenticated by the
executive authority making the demand.

§ 19.1-52. When a demand shall be made upon the Governor by the
executive authority of another state for the surrender of a person so
charged with, or convicted of, crime, the Governor may call upon the
Attorney General or any other officer of this State to investigate or assist
in investigating the demand and to report to him the situation and cir-
cumstances of the person so demanded and whether he ought to be sur-
rendered.

§ 19.1-58. When it is desired to have returned to this State a person
charged in this State with a crime and such person is imprisoned or is
held under criminal proceedings then pending against him in another state,
the Governor may agree with the executive authority of such other state
for the extradition of such person before the conclusion of such proceed-
ings or his term of sentence in such other state, upon condition that such
person be returned to such other state at the expense of this State as soon
as the prosecution in this State is terminated.

§ 19.1-54. The Governor may also surrender on demand of the execu-
tive authority of any other state any person in this State who is charged
in the manner provided in §§ 19.1-73 to 19.1-75, with having violated the
laws of the state whose executive authority is making the demand, even
though such person left the demanding state involuntarily.

§ 19.1-55. The Governor may also surrender, on demand of the execu-
tive authority of any other state, any person in this State charged in such
other state in the manner provided in § 19.1-51 with committing an act
in this State, or in a third state, intentionally resulting in a crime in the
state whose executive authority is making the demand. The provisions of
this chapter not otherwise inconsistent shall apply to such cases, even
though the accused was not in that state at the time of the commission of
the crime, and has not fled therefrom.

§ 19.1-56. If the Governor decides that a demand for the extradition
of a person, charged with, or convicted of, crime in another state should
be complied with, he shall sign a warrant of arrest, which shall be sealed
with the State seal, and be directed to the sheriff or sergeant of any county
or city or to any peace officer or other person whom he may think fit to
entrust with the execution thereof. The warrant must substantially recite
the facts necessary to the validity of its issuance.

§ 19.1-57. Such warrant shall authorize the officer or other person
to whom it is directed to arrest the accused at any time and at any place
where he may be found within the State and to command the aid of all
peace officers or other persons in the execution of the warrant and to de-
liver the accused, subject to the provisions of this chapter, to the duly
authorized agent of the demanding state.

§ 19.1-58. Every officer or other person empowered to make the ar-
rest, as provided in the preceding section, shall have the same authority,
in arresting the accused, to command assistance therein as the sheriffs
and sergeants of the several counties and cities of this State have by law
in the execution of any criminal process directed to them, with like penal-
ties against those who refuse to render their assistance.

§ 19.1-59. No person arrested upon such warrant shall be delivered
over to the agent whom the executive authority demanding him shall have
appointed to receive him unless he shall first be taken forthwith before a
judge or trial justice in this State, who shall inform him of the demand
made for his surrender and of the crime with which he is charged, and
that he has the right to demand and procure legal counsel; and if the
prisoner or his counsel shall state that he or they desire to test the legality
of his arrest, the judge or trial justice shall fix a reasonable time to be
allowed him within which to apply for a writ of habeas corpus. When
such writ is applied for, notice thereof and of the time and place of hearing
thereon shall be given to the attorney for the Commonwealth of the county
or city in which the arrest is made and in which the accused is in custody,
and to the agent of the demanding state.

§ 19.1-60. Any officer who shall deliver to the agent for extradition
of the demanding state a person in his custody under the Governor’s war-
rant in wilful disobedience to the last preceding section shall be guilty of
a misdemeanor and, on conviction, shall be punished accordingly.

§ 19.1-61. The officer or persons executing the Governor’s warrant
of arrest, or the agent of the demanding state to whom the prisoner may
have been delivered, may, when necessary, confine the prisoner in the jail
of any county or city through which he may pass; and the keeper of such
jail shall receive and safely keep the prisoner until the officer or person
having charge of him is ready to proceed on his route, such officer or
person being chargeable with the expense of keeping.

§ 19.1-62. The officer or agent of a demanding state to whom a
prisoner may have been delivered following extradition proceedings in an-
other state or to whom a prisoner may have been delivered after waiving
extradition in such other state, and who is passing through this State with
such prisoner for the purpose of returning immediately such prisoner to
the demanding state may, when necessary, confine the prisoner in the jail
of any county or city through which he may pass; and the keeper of such
jail shall receive and safely keep the prisoner until the officer or agent
having charge of him is ready to proceed on his route, such officer or
agent, however, being chargeable with the expense of keeping, provided,
however, that such officer or agent shall deliver to the jailor the warrant
or legal order authorizing custody of the prisoner. Such prisoner shall
not be entitled to demand a new requisition while in this State.

19.1-68. Whenever: (1) any person within this State shall be
charged on the oath of any credible person before any judge, trial justice,
justice of the peace or other officer authorized to issue criminal warrants
in this State with the commission of any crime in any other state and,
except in cases arising under § 19.1-55, (a) with having fled from justice,
(b) with having been convicted of a crime in that state and of having
escaped from confinement, or (c) of having broken the terms of his bail,
probation, or parole, or (2) complaint shall have been made before any
such judge, trial justice, justice of the peace or other officer in this State
setting forth on the affidavit of any credible person in another state that
a crime has been committed in such other state and that the accused has
been charged in such state with the commission of the crime, and, except
In cases arising under § 19.1-55, (a) has fled from justice, (b) having
been convicted of a crime in that state has escaped from confinement, or
(c) broken the terms of his bail, probation or parole, and that the ac-
cused is believed to be in this State, such judge, trial justice, justice of
the peace or other officer shall issue a warrant directed to any sheriff or
sergeant or to any peace officer commanding him to apprehend the person
named therein, wherever he may be found in this State, and to bring him
before any judge or trial justice who may be available in or convenient of
access to the place where the arrest may be made, to answer the charge
of complaint and affidavit. A certified copy of the sworn charge or com-
plaint and affidavit upon which the warrant is issued shall be attached to
the warrant.

§ 19.1-64. The arrest of a person may be lawfully made also by any
peace officer or private person without a warrant upon reasonable infor-
mation that the accused stands charged in the courts of a state with a
crime punishable by death or imprisonment for a term exceeding one
year. But when so arrested the accused shall be taken before a judge, trial
justice, justice of the peace or other officer authorized to issue criminal
warrants in this State with all practicable speed and complaint made
against him under oath setting forth the ground for the arrest as in the
preceding section; and thereafter his answer shall be heard as if he had
been arrested on a warrant.

§ 19.1-65. If from the examination before the judge or trial justice
it appears that the person held pursuant to either of the two preceding
sections is the person charged with having committed the crime alleged
and, except in cases arising under § 19.1-55, that he has fled from justice,
the judge or trial justice shall, by a warrant reciting the accusation, com-
mit him to jail for such a time, not exceeding thirty days, specified in the
warrant as will enable the arrest of the accused to be made under a warrant
of the Governor on a requisition of the executive authority of the state
having jurisdiction of the offense, unless the accused give bail as provided
in the next section, or until he shall be legally discharged.

§ 19.1-66. Unless the offense with which the prisoner is charged is
shown to be an offense punishable by death or life imprisonment under the
laws of the state in which it was committed, any judge or trial justice or
other person authorized by law to admit persons to bail in this State may
admit the person arrested to bail by bond, with sufficient sureties, and
in such sum as he deems proper, conditioned upon his appearance before
a judge or trial justice at a time specified in such bond and upon his sur-
render for arrest upon the warrant of the Governor of this State.

§ 19.1-67. If the accused is not arrested under warrant of the Gov-
ernor by the expiration of the time specified in the warrant or bond, any
judge or trial justice in this State may discharge him or may recommit
him for a further period not to exceed sixty days, or such judge or trial
justice may again take bail for his appearance and surrender, as provided
in the preceding section, but within a period not to exceed sixty days after
the date of such new bond.

§ 19.1-68. If the prisoner is admitted to bail and fails to appear and
surrender himself according to the conditions of his bond, any judge or
trial justice by proper order, shall declare the bond forfeited and order
his immediate arrest without warrant if he be within this State. Recovery
may be had on such bond in the name of the State as in the case of other
bonds given by the accused in criminal proceedings within this State.

§ 19.1-69. If a criminal prosecution has been instituted against such
person under the laws of this State and is still pending, the Governor, in
his discretion, either may surrender him on demand of the executive au-
thority of another state or hold him until he has been tried and discharged
or convicted and punished in this State.

_ § 19.1-70. The guilt or innocence of the accused as to the crime of
which he is charged may not be inquired into by the Governor or in any
proceeding after the demand for extradition accompanied by a charge of
crime in legal form as above provided shall have been presented to the
Governor, except as it may be involved in identifying the person held as
the person charged with the crime.

_ § 19.1-71. The Governor may recall his warrant of arrest or may
issue another warrant whenever he deems it proper.

__ § 19.1-72. Whenever the Governor shall demand a person charged
with crime or with escaping from confinement or breaking the terms of his
bail, probation or parole in this State, from the executive authority of any
other state, or from the chief justice or an associate justice of the Supreme
Court of the District of Columbia authorized to receive such demand under
the laws of the United States, he shall issue a warrant under the seal of
this State to some agent commanding him to receive the person so charged
if delivered to him and convey him to the proper officer of the county or
city in this State in which the offense was committed.

_ § 19.1-73. When the return to this State of a person charged with
crime in this State is required, the attorney for the Commonwealth shall
present to the Governor his written application for a requisition for the
return of the person charged, in which application shall be stated the
name of the person so charged, the crime charged against him, the ap-
proximate time, place and circumstances of its commission, the state in
which he is believed to be, including the location of the accused therein at
the time the application is made, and certifying that, in the opinion of the
attorney for the Commonwealth, the ends of justice require the arrest and
return of the accused to this State for trial and that the proceeding is
not instituted to enforce a private claim.

§ 19.1-74. When the return to this State is required of a person who
has been convicted of a crime in this State and has escaped from confine-
ment or broken the terms of his bail, probation or parole, the attorney for
the Commonwealth of the county or city in which the offense was com-
mitted, or the warden of the institution or sheriff or sergeant of the county
or city from which the escape was made, shall present to the Governor
a written application for a requisition for the return of such person, in
which application shall be stated the name of the person, the crime of
which he was convicted, the circumstances of his escape from confinement
or of the breach of the terms of his bail, probation or parole and the state
in which he is believed to be, including the location of the person therein at
the time application is made.

§ 19.1-75. The application shall be verified by affidavit, shall be exe-
cuted in duplicate and shall be accompanied by two certified copies of the
indictment returned, or information and affidavit filed, or of the complaint
made to the judge, trial justice or other officer issuing the warrant stating
the offense with which the accused is charged, or of the judgment of con-
viction or of the sentence. The attorney for the Commonwealth, warden,
sheriff or sergeant may also attach such further affidavits and other docu-
ments in duplicate as he shall deem proper to be submitted with such ap-
plication. One copy of the application, with the action of the Governor
indicated by endorsement thereon, and one of the certified copies of the
indictment, complaint, information, and affidavits, or of the judgment of
conviction or of the sentence shall be filed in the office of the Secretary of
the Commonwealth, to remain of record in that office. The other copies
of all papers shall be forwarded with the Governor’s requisition.

§ 19.1-76. The expenses incident to the extradition of any person un-
der the four preceding sections shall be paid out of the State treasury, on
warrants of the Comptroller issued upon vouchers signed by the Governor,
or such other person as may be designated by him for such purpose.

§ 19.1-77. A person brought into this State by, or after waiver of,
extradition based on a criminal charge shall not be subject to service of
personal process in civil actions arising out of the same facts as the
criminal proceeding to answer which he is being or has been returned, until
he has been convicted in the criminal proceeding, or, if acquitted, until
he has had reasonable opportunity to return to the state from which he
was extradited.

§ 19.1-78. Any person arrested in this State charged with having
committed any crime in another state or alleged to have escaped from
confinement, or broken the terms of his bail, probation or parole may
waive the issuance and service of the warrant provided for in §§ 19.1-56
and 19.1-57 and all other procedure incidental to extradition proceedings
by executing or subscribing in the presence of a judge or trial justice
within this State a writing which states that he consents to return to the
demanding state; provided, however, that before such waiver shall be
executed or subscribed by such person it shall be the duty of such judge
or trial justice to inform such person of his rights to the issuance and
service of a warrant of extradition and to obtain a writ of habeas corpus
as provided for in § 19.1-59.

If and when such consent has been duly executed it shall forthwith
be forwarded to the office of the Governor and filed therein. The judge
shall direct the officer having such person in custody to deliver forthwith
such person to the duly accredited agent of the demanding state, and shall
deliver or cause to be delivered to such agent a copy of such consent; pro-
vided, however, that nothing in this section shall be deemed to limit the
rights of the accused person to return voluntarily and without formality
to the demanding state, nor shall this waiver procedure be deemed to be
an exclusive procedure or to limit the powers, rights or duties of the of-
ficers of the demanding state or of this State.

§ 19.1-79. Nothing in this chapter contained shall be deemed to con-
stitute a waiver by this State of its right, power or privilege to try such
demanded person for crime committed within this State, or of its right,
power or privilege to regain custody of such person by extradition pro-
ceedings or otherwise for the purpose of trial, sentence or punishment for
any crime committed within this State, nor shall any proceedings had
under this chapter which result in, or fail to result in, extradition be
deemed a waiver by this State of any of its rights, privileges or jurisdic-
tion in any way whatsoever.

§ 19.1-80. After a person has been brought back to this State by, or
after waiver of, extradition proceedings he may be tried in this State for
other crimes which he may be charged with having committed here as
well as that specified in the requisition for his extradition.

§ 19.1-81. The provisions of this article shall be so interpreted and
construed as to effectuate its general purposes to make uniform the law
of those states which enact statutes similar thereto.

§ 19.1-82. This article may be cited as the Uniform Criminal Extra-
dition Act.

CHAP. 5

SEARCH WARRANTS

§ 19.1-83. If there be complaint on oath, supported by the affidavit
required by § 19.1-85, that personal property has been stolen, embezzled,
or obtained by false pretenses, and that it is believed to be concealed in a
particular house or other place, a justice of the peace, or a judge of any
court having jurisdiction of the trial of criminal cases to whom com-
plaint is made, if satisfied that there is reasonable cause for such search,
shall issue a warrant to search such place for the property.

§ 19.1-84. On like complaint, on oath, according to the nature of the
case, supported by the affidavit required by § 19.1-85, such justice or judge
to whom it is made, if satisfied that there is reasonable cause therefor,
shall issue a warrant to search specified places for the following things:

(1) Counterfeit or spurious coin, forged bank notes, and other in-
struments or writings, or any tools, machines or materials for making

em;

(2) Any obscene book, print, picture, figure, object or thing used or
intended for use in violation of Article 3 of Chapter 4 of Title 18.1;

(3) Lottery tickets, or materials unlawfully made, provided or pro-
cured for drawing a lottery;

Any gaming apparatus or implements used, or kept and pro-
vided to be used, in unlawful gaming or in any place resorted to for un-
lawful gaming;

(5) Weapons or other objects used in the commission of a crime;

(6) Any cannabis, coca leaves, heroin, cocaine, opium, morphine, or
laudanum, or any compound, manufacture, mixture, salt, derivative or
preparation thereof, or any synthetic substitute for cannabis, coca leaves,
heroin, cocaine, opium, morphine, or laudanum, or any compound, manu-
facture, mixture, salt, derivative or preparation thereof, used or possessed
in violation of § 18.1-346 or §§ 54-487 to 54-519, inclusive, of the Code of
Virginia, or any dangerous drug as defined in § 54-440 of the Code of Vir-
ginia, the sale or possession of which is prohibited by § 54-441 or § 54-442;

(7) Fireworks or fire crackers on the premises of a merchant or ven-
dor where a business is conducted and where possession or sale of same
is unlawful.

§ 19.1-85. No search warrant shall be issued until there is filed with
the officer authorized to issue the same an affidavit of some person rea-
sonably describing the house, place, vehicle or baggage to be searched,
the things to be searched for thereunder, alleging briefly material] facts
constituting the probable cause for the issuance of such warrant and
alleging substantially the offense in relation to which such search is to be
made. Such affidavit shall be certified by the officer who issues such war-
rant to the county clerk of his county or to the court clerk, admitting
deeds to record, of his city and shall by such clerk be preserved as a record
and shall at all times be subject to inspection by the public. No such war-
rant shall be issued on an affidavit omitting such essentials, and no general
warrant for the search of a house, place, compartment, vehicle or baggage
shall be issued.

§ 19.1-86. Every search warrant shall be directed to the sheriff, ser-
geant, policeman or constable of the county or corporation in which the
place to be searched is and shall command him to search the house, place,
vehicle, baggage or thing designated, either in day or night, seize the
property mentioned in such affidavit, and bring the same and the person in
whose possession the same are found before a judge or court having juris-
diction of the offense in relation to which such search was made; provided,
that in cities and towns having a police force the warrant may also be di-
rected “to any policeman of said city or town” and shall be executed by the
policeman or other officer into whose hands it shal] come or be delivered.

§ 19.1-87. If any such warrant be executed by the seizure of prop-
erty, or of any other of the things aforesaid, the same shall be safely kept
by the direction of such judge or court, to be used as evidence, and there-
after be disposed of as provided by law; provided, however, that any such
property seized under such warrant which is stolen or embezzled prop-
erty shall be restored to its owner, and the things mentioned in § 19.1-84
may be burnt or otherwise destroyed, under such direction, as soon as
there is no further need for its use as evidence unless it is otherwise
expressly provided by law.

§ 19.1-88. No officer of the law or any other person shall search any
house, place, vehicle, baggage or thing except by virtue of and under a
warrant issued by a proper officer. Any officer or other person searching
any house, place, vehicle, baggage or thing otherwise than by virtue of
and under a search warrant, shall be guilty of a misdemeanor. Any officer
or person violating the provisions of this section shall be liable to any
person aggrieved thereby in both compensatory and punitive damages.
Any officer found guilty of a second offense under this section shall, upon
conviction thereof, in addition to the penalty hereinbefore provided, im-
mediately forfeit his office, and such conviction shall be deemed to create
a@ vacancy in such office to be filled according to law.

Provided, however, that any officer empowered to enforce the game
laws may without a search warrant enter for the purposes of police in-
spection any freight yard or room, passenger depot, baggage room or ware-
house, storage room or warehouse, train, baggage car, passenger car, ex-
press car, Pullman car or freight car of any common carrier, or any boat,
automobile or other vehicle; but nothing in this proviso contained shall be
construed to permit a search of any occupied berth or compartment on
any passenger car or boat or of any baggage, bag, trunk, box or other
closed container without a search warrant.

§ 19.1-89. Any justice of the peace or judge wilfully and knowingly
issuing a general search warrant or a search warrant without the affidavit
required by § 19.1-85 shall be deemed guilty of a misfeasance or mal-

easance.

CHAP. 6
ARREST, COMMITMENT, BAIL AND RECOGNIZANCES
ARTICLE 1
ARREST

§ 19.1-90. Process for the arrest of a person charged with a criminal
offense may be issued by:

(1) The judge, in vacation as well as in term, or clerk of any circuit or
corporation court exercising criminal jurisdiction; or

(2) The judge, or clerk of any county or municipal court exercising
criminal jurisdiction ; or

The judge of any juvenile and domestic relations court; or

(4) Any police justice as defined by § 16.1-70; or

(5) Any justice of the peace, unless otherwise provided by law; or

(6) Any other person so authorized by statute.

§ 19.1-91. On complaint of a criminal offense to any such officer he
shall examine on oath the complainant and any other witnesses, or when
such officer shall suspect that an offense punishable otherwise than by a
fine has been committed he may, without formal complaint, issue a sum-
mons for witnesses, and shall examine such witnesses. If such officer sees
good reason to believe that an offense has been committed, he shall issue his
warrant reciting the offense and requiring the person accused to be arrested
and brought before a court of appropriate jurisdiction of the county or
corporation, and in the same warrant require the officer to whom it is
directed to summon such witnesses as shall be therein named to appear and
give evidence on the examination. But in a city or town having a police
force, the warrant shall be directed “To any policeman of such city (or
town)’, and shall be executed by the policeman into whose hands it shall
come or be delivered.

§ 19.1-92. Except as provided in § 46.1-178, any process issued against
a person charged with a criminal offense shall be in duplicate and the offi-
cer serving such process shall leave a copy with the person charged.

§ 19.1-93. No warrant for the arrest of any engineer of a railroad
locomotive, fireman, hostler or other operator thereof charging any such
person with manslaughter resulting from the striking and killing of any
person by any such locomotive shall be issued except as hereinafter pro-
vided. Such warrant may only be issued if the attorney for the Common-
wealth of the county or city where the offense occurred be satisfied that
there is substantial evidence of criminal negligence on the part of such
engineer, railroad locomotive fireman, hostler or other operator.

_ § 19.1-94. If a person charged with an offense shall, after or at the
time the warrant is issued for his arrest, escape from or out of the county
or corporation in which the offense is alleged to have been committed, the
officer to whom the warrant is directed may pursue and arrest him any-
where in the State; or any person authorized to issue process under § 19.1-
90, of a county or corporation other than that in which the warrant was
issued, on being satisfied of the genuineness thereof, may endorse thereon
his name and official character, and such endorsement shall operate as a
direction of the warrant to an officer of such endorser’s county or corpora-

ion.

The authority of any officer of any county, city or town authorized by
law to make arrests shall extend throughout the adjoining county, city or
town in which it may be necessary to go, without a warrant, when actually
in close pursuit of a person who has committed a misdemeanor in the pres-
ence and in the jurisdiction of such officer; and such authority shall extend
throughout the State when in close pursuit of a person sought to be ar-
rested on the ground that such person has committed a felony in this State,
even though no warrant has been issued.

§ 19.1-95. All officers except sheriffs and their deputies, whose duties
are to make arrests acting under the authority of any law of this State or
any subdivision thereof, who shall make any arrest, search or seizure on
any public road or highway of this State shall, in order to obtain any fee
therefor, be dressed at the time of making any such arrest, search or seiz-
ute in a uniform which will clearly show him to casual observation to be an
officer.

§ 19.1-96. Any such officer making an arrest, search or seizure when
not so uniformed shall not receive, nor shall there be taxed for his benefit
against the State or any subdivision thereof, or against any defendant, any
fee, mileage, attendance, pay or any other charge, compensation or reward
which inures to the benefit directly or indirectly of such officer, which he
otherwise would be entitled to receive. This section shall not apply to
officers making an arrest, search or seizure when there is a uniformed
officer present at the time of the arrest.

Nothing in this or the preceding section contained shall apply to the
fixed salary or compensation of any officer. And nothing in either of such
sections shall render any such arrest, search or seizure unlawful.

§ 19.1-97. Any member of a duly organized state, county or municipal
peace unit of another state of the United States who enters this State in
close pursuit, and continues within this State in such close pursuit, of a
person in order to arrest him on the ground that he has committed a felony
in such other state shall have the same authority to arrest and hold in
custody such person as members of a duly organized state, county or muni-
cipal peace unit of this State have to arrest and hold in custody a person on
the ground that he has committed a felony in this State, if the state from
which such person has fled extends similar privileges to any member of a
duly organized state, county or municipal peace unit of this Common-
wealth.

If an arrest is made in this State by an officer of another state in ac-
cordance with the provisions of the first paragraph of this section, he shall
without unnecessary delay take the person arrested before a judge of a
county or municipal court, or of the circuit or corporation court, of the
county or city in which the arrest was made, who shall conduct a hearing
for the purpose of determining the lawfulness of the arrest. If the judge
determines that the arrest was lawful he shall commit the person arrested
to await for a reasonable time the issuance of an extradition warrant by
the Governor. If the judge determines that the arrest was unlawful he
shall discharge the person arrested.

The first paragraph of this section shall not be construed so as to make
unlawful any arrest in this State which would otherwise be lawful.

For the purpose of this section the word “State” shall include the Dis-
trict of Columbia.

§ 19.1-98. An officer arresting a person under a warrant for an
offense shall bring such person before and return such warrant to a court
of appropriate jurisdiction of the county or corporation in which the war-
rant is issued, unless such person be let to bail as hereinafter mentioned,
or it be otherwise provided.

§ 19.1-99. When a warrant is issued in a county or corporation, other
than that in which the charge ought to be tried, the court before whom the
accused is brought, shall, by warrant, commit him to an officer, and such
officer shall carry him to the county or corporation in which the trial should
be, and there shall take him before, and return such warrant to, a court of
appropriate jurisdiction thereof, unless otherwise provided.

§ 19.1-100. Members of the State Police force of the Commonwealth,
the sheriffs of the various counties, and their deputies, the members of any
county police force, the members of any duly constituted police force of any
city or town of the Commonwealth and the special policemen of the coun-
ties as provided by § 15-562, provided such officers are in uniform, or dis-
playing a badge of office, may, at the scene of any motor vehicle accident,
or in the apprehension of any person charged with the theft of any motor
vehicle, on any of the highways of the Commonwealth, upon reasonable
grounds to believe, based upon personal investigation, including informa-
tion obtained from eyewitnesses, that a crime has been committed by any
person then and there present, apprehend such person without a warrant
of arrest; and such officers may arrest, without a warrant, persons duly
charged with crime in another jurisdiction upon receipt of a telegram, a
radio or teletype message, in which telegram, radio or teletype message
shall be given the name or a reasonably accurate description of such per-
son wanted, the crime alleged and an allegation that such person is likely
to flee the jurisdiction of the Commonwealth.

ARTICLE 2
EXAMINATION

§ 19.1-101. The judge or justice of the peace before whom any person
is brought for an offense shall, as soon as may be, in the presence of such
person, examine on oath the witnesses for and against him, and he may be
assisted by counsel.

§ 19.1-102. A judge or justice of the peace may adjourn an examina-
tion or, in the case of a judge, a trial, pending before him, not exceeding
ten days at one time, without the consent of the accused, and to any place in
the county or corporation. In such case, if the accused be charged with a
felony, unless it be a case in which only a light suspicion of guilt exists, he
shall be committed to jail; otherwise, he may be recognized for his appear-
ance at the time appointed for such further examination or trial, or for
want of bail be committed to jail.

§ 19.1-103. Omitted.
§ 19.1-104. While a witness is under such examination all other wit-
nesses may by order of the judge or the justice of the peace be excluded
from the place of examination and kept separate from each other.

§ 19.1-105. When the judge or justice of the peace deems it proper the
testimony of the witnesses may be reduced to writing, and, if required by
him, shall be signed by them respectively.

§ 19.1-106. The judge or justice of the peace shall discharge the ac-
cused if he consider that there is not sufficient cause for charging him with
the offense.

If a judge consider that there is sufficient cause only to charge the
accused with an offense which the judge has jurisdiction to try, then he
shall try the accused for such offense and convict him if he deem him guilty
and pass judgment upon him in accordance with law just as if the accused
had first been brought before him on a warrant charging him with such
offense.

If a judge consider that there is sufficient cause to charge the accused
with an offense that he does not have jurisdiction to try then he shall com-
mit him to jail or let him to bail under § 19.1-111.

If a justice of the peace consider that there is just and sufficient cause
for charging the accused with a misdemeanor he shall commit him to jail
or let him to bail under § 19.1-110 and if he consider that there is just and
sufficient cause for charging the accused with a felony he shall commit him
to jail unless such justice have the power under § 19.1-110 to admit to bail
for felonies when only a light suspicion of guilt falls on the accused, in
which event, if he consider that such be the case, he shall commit him to jail
or let him to bail under such § 19.1-110.

The justice shall require recognizance with or without sureties as he
deems proper from all material witnesses against the accused and also for
the accused if he desires it.

§ 19.1-107. If the accused be committed, it shall be by an order of the
judge or justice of the peace, stating that he is committed for further
examination on a day specified in the order. And on that day he may he
brought before such judge or justice, by his verbal order to the officer by
whom he was committed, or by a written order to a different person.

§ 19.1-108. Every examination and recognizance for a felony taken
under this chapter, shall, by the person taking it, be certified to the clerk of
the circuit court of the county or corporation court of the city in which the
party charged is to be tried, or the witness is to appear, on or before the
first day of its next session. If he fail he may be compelled to do so by at-
tachment as for a contempt.

ARTICLE 3
BAIL

§ 19.1-109. A person arrested on a capias to answer, or hear judgment
on, a presentment, indictment or information for a misdemeanor, other
than such as is mentioned in § 18.1-336 or on an attachment, other than an
attachment to compel the performance of a judgment or of an order or
decree in a civil case, may be admitted to bail by the officer who arrests
him, the officer taking a recognizance in such sum, not being less than two
hundred dollars unless by general or special order of the court a less sum be
authorized, as he, regarding the case and estate of the accused, may deem
sufficient to secure his appearance before the court from which the process
issued at the time required thereby. The officer shall return the recog-
nizance to the court on or before the return day of such process. If without
sufficient cause he fail to make such return, he shall forfeit twenty dollars;
and if he take insufficient bail, he shall be fined at the discretion of a jury.

§ 19.1-110. A justice of the peace before whom a person is brought
charged with a misdemeanor or a felony, if only a light suspicion of
guilt falls on him in the latter case, may, pending examination before him,
or upon committing such person for trial, admit him to bail; provided that
in any city where there is a police justice or a civil and police justice and
in any county a justice of the peace may admit to bail only persons charged
with misdemeanors and only before such persons have been arraigned or
tried before a police justice, civil and police justice or trial justice. But
in any such city or any county the police justice, civil and police justice or
trial justice or the judge of a court of record in such city or county may
authorize a justice of the peace to admit such person charged with felony
to bail. If the offense be a felony, and there is good cause to believe such
person guilty, he shall not be let to bail by any justice of the peace, nor
shall any person in jail under an order of commitment be admitted to
bail by any justice of the peace, except the one committing him, nor in
a less sum than was required by such order.

§ 19.1-111. Any judge of a court not of record and the clerk or deputy
clerk of any county court or municipal court may within their respective
cities and counties admit to bail, upon recognizance with surety, persons
charged with crime; but none of such officers shall admit to bail in any case
after any court of record having jurisdiction to admit to bail in the case, or
the judge thereof, has pending before him an application for bail or has
refused to grant bail.

_ If any of such officers shall refuse to admit any person to bail or re-
quire excessive bail, then the court of record or the judge thereof having
jurisdiction to admit to bail in such officer’s county or city, upon petition of
such person, shall at once order him to be brought before such court or
judge in order that a motion may be made to admit him to bail, and upon
such motion such court or judge may hear testimony and admit him to bail
or remand him to jail.

No judge of a juvenile and domestic relations court, or court of limited
jurisdiction as defined in Title 16.1 who receives a salary from his county
or city, except in cities of over one hundred thousand inhabitants, shall,
while he is holding court or immediately prior to or after holding court
while he is at the place where his court is held, charge or receive any fee
for admitting any person to bail or for any service whatever rendered by
him in connection with any criminal case; but at all other times such offi-
cers may charge and receive from the person for whom such services are
rendered the same fee for admitting to bail and other services as allowed by
law to justices of the peace, except that in admitting to bail in felony cases
the fee shall be two dollars. But, any city or county may provide by ordi-
nance for such bail fees to be collected and paid into the treasury of such
city or county.

§ 19.1-112. A court, or a judge thereof in vacation, in which any per-
son is held and to be tried for a criminal offense, may, upon motion before
such court, or upon a petition to the judge thereof in vacation, hear testi-
mony and admit such person to bail before a conviction and when such peti-
tion is filed before such judge in vacation, he shall at once order such per-
son to be brought before him, that he may hear the petition for bail. If
bail be ordered, recognizance with surety may be taken by the judge or by
the clerk or a deputy clerk of the court. If a circuit or corporation court,
or a judge thereof in vacation, refuses to admit such person to bail, or re-
quires excessive bail, then the Supreme Court of Appeals, or any one judge
thereof in vacation, upon petition of such person shall at once order him
to be brought before such Court or judge in order that a motion may be
made to admit him to bail, and upon such motion the Supreme Court of
Appeals, or such judge thereof in vacation, may hear testimony and admit
such person to bail or remand him to jail. No other court or judge shall
admit a person accused of a criminal offense to bail except as is otherwise
expressly provided.
§ 19.1-113. If an applicant for bail is held for trial in a corporation
court, and the court is not in session, and the judge thereof is sick or absent
from the city, then the proceedings to secure bail which would have been
proper as hereinbefore stated, before such court or the judge thereof in
vacation, shall be allowed before the nearest circuit or corporation court to
the city in which such person is held for trial, or the judge thereof in vaca-
tion. Upon the refusal of such court or judge to admit to bail, or upon ex-
cessive bail being required, like proceedings may be had in the Supreme
Court of Appeals, or before a judge thereof in vacation, as if the action had
been by the court in which such person is held for trial.

§ 19.1-114. The circuit court of each county, or the judge thereof in
vacation, shall appoint one or more of the commissioners in chancery of
such court, bail commissioners for such county. Such court or judge may
ae a justice of the peace to serve as a bail commissioner for such
county.

§ 19.1-115. The Hustings Court of the city of Roanoke, or the judge
thereof in vacation, or any court of record in the city of Newport News or
the judge thereof in vacation, and any court of record in the city of
Waynesboro, or the judge thereof in vacation, each may appoint one of the
commissioners in chancery of the court bail commissioner for such city.
Such bail commissioner shall have the same powers and duties in respect to
the cities of Roanoke, Newport News and Waynesboro as bail commis-
sioners for counties have in respect to their counties.

§ 19.1-116. A bail commissioner or the clerk of the circuit court of any
county or city having criminal jurisdiction and the clerks of the corporation
or hustings courts of the several cities may admit to bail upon recognizance
with surety all persons charged with crime in their respective cities and
counties; provided that no such clerk shall exercise any of the powers of a
bail commissioner except when the proper bail commissioner is unable for
any reason to act as such.

None of such officers shall admit to bail in any case after any court of
record having jurisdiction to admit to bail in the case, or the judge thereof,
has acted upon the application or pending proceedings before such court or
judge to obtain bail.

If a bail commissioner or clerk refuses to admit any person to bail or
requires excessive bail, then the court of record or judge thereof having
jurisdiction to admit to bail in such clerk’s or bail commissioner’s county
or city, upon petition of such person, shall at once order him to be brought
before the court or judge in order that a motion may be made to admit him
to bail, and upon such motion the court or judge may hear testimony and
admit him to bail or remand him to jail; provided, however, that the clerk
may refuse to hear such application.

Any such bail commissioner or clerk may admit to bail any person
charged with a criminal offense, for the appearance of such person in any
court in which such person is required to appear to answer for such offense,
whether any such court be a court of the county or city of such bail com-
missioner or clerk, or of some other county or city in this State.

§ 19.1-117. If the bail commissioner, clerk or judge of the proper
court be incapable for any reason of hearing such application, then applica-
tion may be made to the bail commissioner of an adjoining county to the
one in which the applicant is held for trial, and if bail be refused, or exces-
sive bail be required by such commissioner, then application may be made
to the Supreme Court of Appeals, or a judge thereof in vacation, as pro-
vided in § 19.1-112 in cases in which a circuit court, or the judge thereof in
vacation, has refused to admit to bail, or has required excessive bail.

§ 19.1-118. In any case in which a person charged with a misdemeanor
or felony is held in the jail of some county, city or town other than that in
which he is to be tried upon such charge, he may be admitted tc bail by any
officer of the county, city or town in the jail of which he is so held in ac-
cordance with the provisions of law concerning the granting of bail in cases
in which persons are so admitted to bail or recognizance, when held in the
jail in the county, city or town in which they are to be tried. The provisions
of this section shall apply to persons held in any such jail for any act com-
mitted prior to July first, nineteen hundred sixty, as well as to persons so
held thereafter.

§ 19.1-119. A person charged with a misdemeanor and to be carried
to another county or corporation shall, if he request it in the county or
corporation wherein he is arrested, be brought before a court, judge, or
justice of the peace thereof. In such case, if he desire it, such court, judge,
or justice of the peace before whom he is brought may, without trial or
examination, let him to bail, upon taking a recognizance for his appearance
before the court or justice having cognizance of the case. The fact of tak-
ing such recognizance shall be certified by the court or officer taking it upon
the warrant under which such person was arrested and the warrant and
recognizance shall be returned forthwith to the clerk of the court or to the
trial justice before whom the accused is to appear. And to such court, the
judge or justice of the peace who issued such warrant shall recognize or
cause to be summoned such witnesses as he may think proper.

§ 19.1-120. If the amount of the bail fixed by the bail commissioner or
clerk be deemed inadequate, the attorney for the Commonwealth of the
county or city in which the accused is held for trial may, on reasonable
notice to the accused, move the court, or the judge thereof in vacation, to
increase the amount of such bail.

§ 19.1-121. Although a party has been admitted to bail, if the amount
thereof is subsequently deemed insufficient, or the security taken inade-
quate, the court having jurisdiction to try the case in which the bail was
required, or the judge thereof in vacation, or the officer before whom the
bail was given, may increase the amount of such bail, or may require new
or additional sureties therefor, or both. Any surety in a bail bond or a
recognizance for the appearance of one charged with crime may take from
his principal collateral or other security to indemnify such surety against

lability.

§ 19.1-122. Any bail commissioner or clerk, or any court or judge
thereof in vacation, to whom application is made, as herein provided, shall
at once order the person held for trial to be brought before such commis-
sioner, clerk, court or judge, and upon motion shall hear testimony and
admit to bail or remand him to jail.

§ 19.1-123. In all cases in which recognizances, at the suit of the Com-
monwealth, may have been, or shall hereafter be entered into, it shall be the
duty of the clerk of the court in which, or in the clerk’s office of which, any
recognizance is filed, to deliver to the bail on his applying therefor, a bail
piece, in substance, as follows: “A. B. of the county (or corporation) of
lesseceeeeseeees , is delivered to bail, unto C. D. of the county (or corporation) of
sesecveseeceeecs , at the suit of the Commonwealth. Given under my hand, this
sesenececeeeeees day of................. In the year.............7

§ 19.1-124. The fee of the commissioner or clerk for admitting a per-
son to bail shall be two dollars. In no case shall the payment of such fee
be made out of the State treasury.

ARTICLE 4

RECOGNIZANCES

§ 19.1-125. When a judge or justice of the peace considers that there
is sufficient cause for charging the accused with a felony, unless it be a case
wherein it is otherwise specially provided, the commitment shall be for
trial, and the recognizance be for appearance in the court having jurisdic-
tion of the offense, at such time as the case can be proceeded in before such
court. The judge or justice of the peace shall return to the clerk of the
court, as soon as may be, a certificate of the nature of the offense, showing
whether the acused was committed or recognized therefor; and the clerk,
as soon as may be, shall inform the attorney for the Commonwealth in such
court of such certificate.

_ § 19.1-126. A court, judge or justice of the peace letting any person to
bail shall require recognizance to be given.

§ 19.1-127. Recognizances in criminal cases, where the offense is
charged to have been committed against the Commonwealth, shall be pay-
able to the Commonwealth of Virginia. Recognizances in criminal cases
where the offense charged is a violation of a county, city or town ordinance,
shall be payable to such county, city or town. Every recognizance under
this title shall be in such sum as the court or officer requiring it may direct.
If it be to answer for a misdemeanor or if required of a witness it shall be
with or without security as the court or officer may direct; but in all other
cases shall be with security deemed sufficient by the court or officer taking

§ 19.1-128. The condition, when it is taken of a person charged with a
criminal offense, shall be that he appear before the court or judge before
whom the proceedings on such charge will be at such time or times as may
be prescribed by the court or officer taking it, and at any time or times to
which the proceedings may be continued or further heard, and before any
court or judge thereafter having or holding any proceedings in connection
with the charge, to answer for the offense with which he is charged. And
when it is taken of a witness in a case against any such person the condi-
tion shall be that he so appear to give evidence on such charge. And in
either case it shall include a condition that the person or witness shall not
depart thence without the leave of such court or judge. When taken for
any other purpose than to appear so to answer or give evidence it shall be
with condition that the person of whom it is taken shall keep the peace and
be of good behavior for such time not exceeding one year as the court or
officer requiring it may direct. If such court or officer direct, it may, when
taken of a person so charged, be with condition for so keeping the peace
and being of good behavior in addition to the other conditions of his re-
cognizance. The recognizance shall remain in full force and effect until the
charge is finally disposed of or until it is declared void by order of a compe-
tent court.

§ 19.1-129. When such recognizance is taken by a court of a person to
answer a charge or of a witness to give evidence it shall be sufficient for
the order of the court taking the recognizance to state that the party or
parties recognized were duly recognized in such sum as the court may have
directed with such surety as the court may have accepted for his or their
appearance before such court at such time as may have been prescribed by
the court to answer for the offense with which such person is charged or to
give evidence, as the case may be.

§ 19.1-130. When a person charged with a criminal offense is admit-
ted to bail by a court or an officer authorized by law so to do for his appear-
ance before a court or judge having jurisdiction of the case, for a hearing
thereon, he may instead of entering into a recognizance 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 to the person whose funds are so deposited an official receipt
therefor.

§ 19.1-131. 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 prenumbered receipt books in quad-
ruplicate, consisting of an original and three carbon copies, the original
receipt to go to the person whose funds are deposited, the first carbon copy
to go to the court or judge before whom the person recognized is to appear,
the second carbon copy to the Auditor of Public Accounts and the other copy
to remain in the receipt book; and the justice of the peace with whom such
cash was so deposited shall deliver the same, along with the first carbon
copy of the receipt, to the court or judge before whom the person recog-
nized is to appear, or to the clerk of such court or judge, 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 performance of his
duties and the proper accounting for all money that may come into his
ands.

§ 19.1-132. If there be no default in the observance of the conditions
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 the person making such deposit, or upon his order, but
if the defendant be found guilty, the court or judge trying the case shall
apply the money, or so much thereof as may be necessary, to the payment
of such fines and costs, or costs, as may be adjudged against the defendant,
and the residue thereof, if any, shall be paid over to the person making such
deposit, or upon his order; provided, that if there be an appeal from the
judgment of a judge 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 judge 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 judge 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 here-
inabove 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.

§ 19.1-133. Every recognizance shall include such a waiver as is
required by § 49-12 in relation to the bonds therein mentioned and though
such waiver be not expressed in the recognizance it shall be deemed to be
included therein in like manner and with the same effect as if it was so
expressed.

§ 19.1-134. A recognizance which would be taken of a person but for
his being insane or a minor may be taken of another person and without
further surety, if such other person be deemed sufficient.

§ 19.1-135. A person not giving, and for whom no other person gives, a
recognizance required shall be committed to jail. He shall be discharged
therefrom when such recognizance is given before the court or a con-
servator of the peace; or, if it be to appear and give evidence, when such
evidence is given; or, if it be to keep the peace and be of good behavior,
when the period for which it was required has elapsed; or, in any case,
when the discharge of such person is directed by the court in whose jail
he is.

§ 19.1-136. A person taking a recognizance out of court shall forthwith
transmit it to the clerk of the court for appearance before which it is
taken; or, if it be not for appearance before a court, to the clerk of the
circuit court of the county or corporation court of the city in which it is
taken; and it shall remain filed in the clerk’s office.

§ 19.1-137. When a person, under recognizance in a criminal case,
either as party or witness, fails to perform the condition thereof, if it be
to appear before a court of record, his default shall be recorded therein,
and if it be to appear before a judge of a court not of record, his default
shall be entered by the judge of such court, on the page of his docket
whereon the case is docketed, and he shall notify the attorney for the
Commonwealth of the same. The process on any such forfeited recogniz-
ance shall be issued from the court before which the appearance was to be,
and wherein such forfeiture was recorded or entered. Any such process
issued by a judge when the penalty of the recognizance so forfeited is in
excess of one thousand dollars shall be made returnable to the circuit court
of his county, and when not in excess of one thousand dollars it shall
be made returnable before, and tried by, such judge, who shall promptly
transmit to the clerk of the circuit court of his county an abstract of such
judgment as he may render thereon, which shall be forthwith docketed by
such clerk.

If such recognizance so forfeited be not for such appearance, process
thereon shall be issued from the court in which it was taken, or the court
to which it was made returnable, and in a proceeding in one court on a
recognizance entered in another a copy thereof shall be evidence in like
manner as the original would be if it had been entered in the court wherein
the proceeding is being had thereon.

The foregoing provisions of this section shall not apply to a case in
which the defendant posted a cash bond and the case is tried in his ab-
sence and the money so deposited disposed of by the court or judge in the
manner prescribed by law.

§ 19.1-138. If a person recognized to appear before a justice of the
peace do not appear at the time so appointed, such justice shall certify
the recognizance and the fact of such default to the circuit or corporation
court at its next term, and like proceedings shall be had thereon as on
breach of a recognizance for appearance before such court.

§ 19.1-139. If in any motion, action, suit or other proceeding made or
taken in any court of this Commonwealth on a forfeited bail bond or
recognizance, or to enforce the payment of the same in any manner or any
judgment thereon, or to forfeit any bail bond or recognizance, it appear
that the person for whose alleged default such bail bond or recognizance
was forfeited or judgment rendered, or such motion is made or proceeding
taken, was prevented from complying with the condition of such bail bond
or recognizance by reason of his having enlisted or been drafted in the
army or navy of the United States, then judgment or decree on such
motion, action, suit or other proceeding shall be given for the defendant.

§ 19.1-140. When in an action or scire facias on a recognizance the
penalty is adjudged to be forfeited the court may on an application of a de-
fendant remit the penalty or any part of it and render judgment on such
terms and conditions as it deems reasonable.

§ 19.1-141. No action or Judgment on a recognizance shall be de-
feated or arrested by reason of any defect in the form of the recognizance,
if it appear to have been taken by a court or officer authorized to take it
and be substantially sufficient.

§ 19.1-142. Whenever a judgment is entered in any court of record
in favor of the Commonwealth of Virginia upon a forfeited recognizance
or bond, the clerk of the court in which the judgment is rendered shall
certify an abstract of the same to the clerk of the court wherein deeds are
recorded in the county or city wherein the judgment debtor resides or in
any city or county in which he may own real property, who shall thereupon
enter the abstract of judgment upon his judgment docket, for which
service he shall be allowed the sum of fifty cents, payable out of the State
treasury.

§ 19.1-143. A surety in a recognizance may, after default, pay into the
court from which the process has issued, or may issue thereon, the amount
for which he is bound, with such costs as the court may direct, and be
thereupon discharged.

§ 19.1-144. A surety in a recognizance may at any time arrest his
principal and surrender him to the court before which the recognizance was
taken or before which such principal’s appearance is required, or to the
sheriff, sergeant, or jailer of the county or city wherein the court before
which such principal’s appearance is required is located; in addition to the
above authority, upon the application of the surety, the court, or the
clerk thereof, before which the recognizance was taken, or before which
such principal’s appearance is required, shall issue a capias for the arrest
of such principal, and such capias may be executed by such surety, or his
authorized agent, or by any sheriff, sergeant or police officer, and the
person executing such capias shall deliver such principal and such capias
to the sheriff or jailer of the county or the sergeant or jailer of the
city in which the appearance of such principal is required, and thereupon
the said surety shall be discharged from liability for any act of the prin-
cipal subsequent thereto. Such sheriff, sergeant or jailer shall thereafter
deliver such capias to the clerk of such court, with his endorsement
thereon acknowledging delivery of such principal to his custody.

§ 19.1-145. If the surrender be to the court, it shall make such order
as it deems proper; if the surrender be to a sheriff, sergeant or jailer, the
officer to whom the accused has been surrendered shall give the surety
a certificate of the fact. After such surrender the accused may be let to
bail anew for the residue of the term, or to appear as before required,
but unless and until he is so let to bail anew he shall be detained in jail as in
other cases of failure to give bail.

CHAP. 7

GRAND JURIES

§ 19.1-147. There may be a regular grand jury at one term in each
year of the circuit courts of the counties and of the corporation or hustings
courts of the corporations, to be designated by the judges of the courts,

respectively, and special grand juries whenever ordered, as herein pro-
vided.

§ 19.1-148. The judges of such courts shall annually, in the month of
June, July, or August, select from the citizens of each county of their
respective circuits and in their several cities sixty persons twenty-one
years of age and upwards, of honesty, intelligence and good demeanor and
suitable in all respects to serve as grand jurors who shall except as herein-
after provided be the grand jurors for the county or city from which they
are selected for twelve months next thereafter. Such jurors shall be
selected in each county from the several magisterial districts of the
county and in each city from the several wards of the city in proportion
to the population thereof. The judge making the selection shall at
once furnish to the clerk of his court in each county of his circuit or in
his city a list of those selected for that county or city. The clerk, not
more than twenty days before the commencement of each term of his court
at which a regular grand jury is required, shall issue a venire facias to the
sheriff of his county, or sergeant of the city, commanding him to summon
not less than five nor more than seven of the persons selected as aforesaid
(the number to be designated by the judge of the court by an order entered
of record) to be named in the writ to appear on the first day of the court to
serve as grand jurors. No such person shall be required to appear more
than once until all the others have been summoned once, nor more than
twice until the others have been twice summoned, and so on. No citizen
over seventy years of age shall be compelled to serve as a grand juror.
The clerk, in issuing the venire facias shall apportion the grand jurors, as
nearly as may be, ratably among the magisterial districts or wards; but
the circuit court of James City county, or the judge thereof in vacation,
shall select the grand jurors for such court from such county and the city
of Williamsburg in such proportion from each as he may think proper.

_._ The clerk shall immediately upon the selection of the grand jury
list advise in writing each woman whose name has been selected of the
fact that her name has been selected for such purpose and that her name
will be placed upon the list unless she notifies the clerk in writing fifteen
days from the date of the notice sent by the clerk that she does not desire
her name to be placed upon the list. The clerk shall not include on the
grand jury list above mentioned the name of any woman who notifies the
clerk in writing within such fifteen-day period that she does not desire her
name to be placed upon the grand jury list.

_ § 19.1-149. A special grand jury may be ordered at any time by a
circuit court of a county or corporation, or corporation or hustings court
of a corporation, or the judge thereof in vacation. The jurors shall be
summoned from a list furnished by the judge. When a grand jury, regular
or special, has been discharged, the court, during the term, may impanel
another grand jury, which may be a special grand jury. A special grand
jury may be summoned for and impanelled at a special term of the court
as well as at a regular term. In the event a special grand jury has been
impanelled to investigate any given condition or conditions, and has not
completed its hearings before the end of the term of court at which it was
impanelled, such special grand jury may, on order of the court, be con-
tinued from time to time and other grand juries, regular or special, may be
impanelled by the court for the hearing of other matters.

§ 19.1-150. A grand jury, regular and special, shall consist of not
less than five nor more than seven persons. Each grand juror shall be a
citizen of this State, twenty-one years of age, and shall have been a resident
of this State one year and of the county or corporation in which the court
is to be held six months, and in other respects a qualified juror, and, when
the grand juror is for a circuit court of a county, not an inhabitant of a
city, except in those cases in which the circuit court of the county has
jurisdiction in the city, in which case the city shall be considered as a
magisterial district, or the equivalent of a magisterial district, of the
county for the purpose of the jury lists.

§ 19.1-151. If a sufficient number of grand jurors do not appear, the
court may order the deficiency to be supplied from the bystanders or
from a list furnished by the judge to the sheriff or sergeant.

§ 19.1-152. From among the persons summoned who attend the
court shall select a foreman who shall be sworn as follows: “You shall
diligently inquire, and true presentment make, of all such matters as may
be given you in charge, or come to your knowledge, touching the present
service. You shall present no person through prejudice or ill-will, nor
leave any unpresented through fear or favor, but in all your presentments
you shall present the truth, the whole truth, and nothing but the truth.
So help you God”. The other grand jurors shall afterwards be sworn as
follows: “The same oath that your foreman has taken on his part, you and
each of you shall observe and keep on your part. So help you God”.
Any witness testifying before the grand jury may be sworn by the foreman.

§ 19.1-153. If the foreman or any grand juror, at any time after
being sworn, fail or be unable to attend, another may be sworn in his stead.

§ 19.1-154. The grand jury, after being sworn, shall be charged by the
judge of the court and shall then be sent to their room.

§ 19.1-155. The grand jury shall inquire of and present all felonies,
misdemeanors and violations of penal laws committed within the jurisdic-
tion of the respective courts wherein they are sworn; except that no pre-
sentment shall be made of a matter for which there is no corporal punish-
ment, but only a fine, where the fine is limited to an amount not exceeding
five dollars.

§ 19.1-156. Every commissioner of the revenue, sneriff, constable or
other officer shall promptly give information of the violation of any penal
law to the attorney for the Commonwealth, who shall forthwith institute
and prosecute all necessary and proper proceedings in such case, whether
in the name of the Commonwealth or of a county or corporation, and may
in such case issue or cause to be issued a summons for any witnesses he
may deem material to give evidence before the court or grand jury. No
attorney for the Commonwealth shall go before any grand jury during
their deliberations except when duly sworn to testify as a witness, but
he may advise the foreman of the grand jury or any member or members
thereof in relation to the discharge of their duties.

§ 19.1-157. At least four of a regular or special grand jury must
concur in finding or making an indictment or presentment. They may
make a presentment or find an indictment upon the information of two
or more of their own body, or on the testimony of witnesses called on by
the grand jury, or sent to it by the court. If only one of their number can
testify as to an offense, he shall be sworn as any other witness. When a
presentment or indictment is so made or found, the names of the grand
jurors giving the information, or of the witnesses, shall be written at the
foot of the presentment or indictment.

§ 19.1-158. Although a bill of indictment be returned not a true bill
the same or another bill of indictment against the same person for the
same offense may be sent to, and acted on, by the same or another grand
jury. No irregularity in the time or manner of selecting the jurors, or in
the writ of venire facias, or in the manner of executing the same, shall
vitiate any presentment, indictment or finding of a grand jury.

§ 19.1-159. A court whose officer fails without good cause when it is
his duty, to summon a grand jury and return a list of their names shall
fine him twenty dollars. A person summoned and failing to attend a court
as a grand juror shall be fined by the court not less than five dollars, un-
jess, after being summoned to show cause against the fine, he give a rea-
sonable excuse for his failure.

§ 19.1-160. Every person who serves upon a grand jury shall re-
ceive the same compensation and mileage allowed jurors in civil cases by
§ 8-204 and the same shall be paid out of the county or corporation levy.

§ 19.1-161. The compensation, fees, mileage and allowances pre-
scribed in this chapter for grand jurors selected or appointed for the Cir-
cuit Court of the city of Richmond shall be paid by the Commonwealth.

CHAP. 8

PRESENTMENTS, INDICTMENTS AND INFORMATIONS;
PROCESS THEREON.

ARTICLE 1
NECESSITY FOR INDICTMENT, ETC.

§ 19.1-162. An information may be filed upon presentment or indict-
ment by a grand jury or upon a complaint in writing verified by the oatk
of a competent witness; but no person shall be put upon trial for any
felony, unless an indictment or presentment shall have first been founc
or made by a grand jury in a court of competent jurisdiction or unless
such person, by writing signed by such person before the court having
jurisdiction to try such felony or before the judge of such court in vaca-
tion, shall have waived such indictment or presentment, in which event
he may be tried on a warrant or information. If the accused be in custody
or has been recognized or summoned to answer such information, pre.
sentment or indictment, no other process shall be necessary ; but the court
mays, in its discretion, issue process to compel the appearance of the ac-
cused.

§ 19.1-163. A person in jail on a criminal charge shall be discharged
from imprisonment if a presentment, indictment or information be not
found or filed against him before the end of the second term of the court
at which he is held to answer, unless it appear to the court that material
witnesses for the Commonwealth have been enticed or kept away or are
prevented from attendance by sickness or inevitable accident, and except,
also, in the case provided in § 19.1-228; and in those cases in which such
criminal charge is one of felony, the second term of the court shall be con-
strued to mean the second term thereof at which a grand jury was im-
paneled ; but in all other cases of a criminal charge, it shall have no such
restricted meaning. A discharge under the provisions of this section shall
not, however, prevent a reincarceration after a presentment or indictment
has been found.

§ 19.1-164. No information need be filed on a presentment of an of-
fense for which there is no punishment but a fine or forfeiture, limited to an
amount not exceeding twenty dollars; but a summons to answer such pre-
sentment may be issued against the accused; and if it be served ten days
before the return day thereof, and he do not appear, judgment may be
rendered against him for the penalty. If he appear, the court may, unless
he demand a jury, hear and determine the matter and give judgment
thereon.

ARTICLE 2
FORM AND REQUISITES

§ 19.1-165. Judgment in any criminal case shall not be arrested or
reversed upon any exception or objection made after a verdict to the in-
dictment or other accusation, unless it be so defective as to be in violation
of the Constitution.

§ 19.1-166. The prosecutions for offenses against the Commonwealth,
unless otherwise provided, shall be by presentment, indictment or informa-
tion. While any form of presentment, indictment or information which
informs the accused of the nature and cause of the accusation against
him shall be good the following shall be deemed sufficient for murder and
manslaughter:

State of Virginia..............cccccccssscoee county (or city) to-wit: The grand
jurors of the State of Virginia, in and for the body of the county (or city)
0) ee , upon their oaths present that A................00008 B.......ccccccessssceeees ,
on the .............00 Cay Of ...........ccscccece » MINETEEN ..........00.ccccsceeees , in the county
(OX City) OF .......cccccccccsssessccsccecsccssscssceeees feloniously did kill and murder one
Oe D......cccssscsccccccccccscesens against the peace and dignity of the
Commonwealth.

A grand jury may, in case of homicide, which in their opinion amounts
to manslaughter only, and not to murder, find an indictment against the
accused for manslaughter and in such case the indictment shall be sufficient
if it be in form or effect as follows:

State of Virginia..............cccccccccsere county (or city) to-wit: The grand
jurors of the State of Virginia, in and for the body of the county (or city)
OF ....cccccccccccsssscsecerceeeees , upon their oaths present that A................ B........00eceeeee ,
on the ............ ay Of ........cccccceesees , nineteen ..............ccce00 in the county (or
CITY) Of .........cccccccessescccceceeees feloniously and unlawfully did kill and slay
ONE C........cccsccceescesseesees D.....sccsscssssccsceescsceeesees , against the peace and dignity

of the Commonwealth.

§ 19.1-167. In an indictment or accusation for perjury or suborna-
tion of perjury it shall be sufficient to state the substance of the offense
charged against the accused, in what court or by whom the oath was ad-
ministered which is charged to have been falsely taken, and to aver that
such court or person had competent authority to administer the same, to-
gether with proper averments to falsify the matter wherein the perjury
is assigned, without setting forth any part of any record or proceeding at
law or equity, or the commission or authority of the court or person
fore whom the perjury was committed; but nothing herein shall be con-
strued to allow, without the consent of the accused, a part only of any
record, proceeding or writing to be given in evidence on the trial of such
indictment or accusation. A distinct allegation, averment or statement
in any part of the indictment that the defendant did corruptly swear
falsely, or did, on the occasion mentioned in the indictment, commit willful
perjury, shall be a sufficient allegation of the falsity of the oath alleged
to have been taken.

§ 19.1-168. In a prosecution against a person accused of embezzling
or fraudulently converting to his own use bullion, money, bank notes or
other security for money it shall be lawful in the same indictment or ac-
cusation to charge and thereon to proceed against the accused for any num-
ber of distinct acts of such embezzlements or fraudulent conversions which
may have been committed by him within six months from the first to the
last of the acts charged in the indictment; and it shall be sufficient to
allege the embezzlement or fraudulent conversion to be of money without
specifying any particular money, gold, silver, note or security. Such alle-
gation, so far as it regards the description of the property, shall be sus-
tained if the accused be proved to have embezzled any bullion, money, bank
note or other security for money although the particular species be not
proved.

And in a prosecution for the larceny of United States currency or for
obtaining United States currency by a false pretense or token, or for re-
ceiving United States currency knowing the same to have been stolen, it
shall be sufficient if the accused be proved guilty of the larceny of national
bank notes or United States treasury notes, certificates for either gold or
silver coin, fractional coin, currency, or any other form of money issued
by the United States government, or of obtaining the same by false pre-
tense or token, or of receiving the same knowing it to have been stolen
although the particular species be not proved.

§ 19.1-169. In a prosecution for forging or altering any instrument or
other thing, or attempting to employ as true any forged instrument or