CHAPTER 369

An Act to amend and reenact § 14-140 of the Code of Virginia, relating to
costs chargeable against prosecutors.
Be it enacted by the General Assembly of Virginia:
aa That § 14-140 of the Code of Virginia be amended and reenacted as
ollows:

§ 14-140. If any warrant of arrest for a misdemeanor or felony, or
a search warrant, be had or procured at the instance of a prosecutor
(other than a public officer charged with the enforcement of the laws)
and be dismissed or the accused discharged from accusation, the *judge
before whom the proceeding is may give judgment against the prosecu-
tor in favor of the accused for his cost, and must do so, if the *judge
believe from the evidence that the proceeding was procured by the prose-
cutor through malice or without reasonable and probable cause.
2. This act shall become effective on July 1, 1960.