Code of 1873, ch. 198, § 4 Supra, 1 search the place designated, either in the day or night, and seize such stolen property, or other things, and bring the same and the persons in whose possession they may be found, before a justice or court having cognizance of the case. What to be done in seizure, under such warrant, with the property. 4. If any search warrant be executed by the seizure of property, or of any other of the things aforesaid, the same shall be safely kept by the direction of such justice or court, to be used in evidence; and as soon as may be afterwards, such stolen or embezzled property shall be restored to its owner, and the other things specified aforesaid, burnt or otherwise destroyed under such direction.* 1847-8, ch. 15, ? 1, p. 129 11. How accused is committed. 12. How justices to proceed in examina-21. Party committed for misdemeanor, in certain cases to be discharged, when accused may be witness. When and to whom order discharg ing recognizance or superseding commitment to be returned. Where accused is bailed, sufficient security to be taken. By whom process of arrest issued. 1. A judge of a circuit, county or corporation court, in Code of 1849, ch. vacation as well as in term time, or a justice, may issue process for the apprehension of a person charged with an offence.† 204. § 1, p. 761 Code of 1860, ch. 204, § 1, p. 824 1866-7, § 1, p. 922 1870, p. 510 Code of 1873, ch. 199, § 1, p. 1231 * Mayo's Guide and Math. Cr. Dig., tit. Search Warrants. 4 28 Gratt., 967 When issued. ch. 29, § 63 ch. 25, 2 13 Supra, § 1 2. On complaint to any such officer of a criminal offence, 7 and 8 Geo. IV, he shall examine on oath the complainant and any other 9 and 10 Vict., witnesses, or when such officer shall suspect that an offence Code of 1873, ch. 199, § 2 punishable otherwise than by fine has been committed, he may, without formal complaint, issue a summon for witnesses, and shall examine such witnesses; and if he sees good reason to believe that an offence has been committed, shall issue his warrant reciting the accusation, and requiring the person accused to be arrested and brought before a justice of the county or corporation; and in the same warrant may 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.* ch. 199, § 3, p. Supra, § 1 3. If a person charged with an offence shall, after or at Code of 1873, the time the warrant is issued for his apprehension, escape 1232 from or be out of the county or corporation in which the offence is alleged to have been committed, the officer to whom the warrant is directed, may pursue and apprehend him anywhere in the state; or a justice of a county or corporation other than that in which it 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 justice's county or corporation.† Person arrested. 4. An officer arresting a person under a warrant for an offence shall bring such person before, and return such warrant to, a justice of the county or corporation in which the warrant issued, unless such person be let to bail, as herein- ̧ after mentioned, or it be otherwise provided. Before whom to be brought. Code of 1873, ch. 199, § 4 ch. 199, § 5 5. Where a warrant is issued in a county or corporation, code of 1873, other than that in which the charge ought to be tried, the Supra, § 1 10 Gratt., 645; 15 Id., 338; 28 Id., 891, 905. † Jones v. Timberlake, 6 Rand., 678. 1 R. C., ch. 167, 1847-8, ch. 17, §§ 1, 2, p. 137 Code of 1849, 761-2 204, § 6, p. 824 justice before whom the accused is brought, shall, by warrant, commit him to an officer, that he may, 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 justice there f, unless otherwise provided for.* Bail in case of felony; when and by whom allowed. 6. A justice before whom a person is charged with an offence not punishable with death or confinement in the penitentiary, or of which, if it be so punishable, only a light ch. 204, § 6, pp. suspicion of guilt falls on bim, may, pending the examinaCode of 1860, ch. tion before him, or upon committing such person for trial, 1866-7, 56, p. 922 admit him to bail. If the offence be so punishable, and there is good cause to believe such person guilty, he shall not be let to bail by a justice; nor shall any person, in jail under an order of commitment, be admitted to bail by a justice in a less sum than was required by such order. But a court in which any person is held, and to be tried, for a criminal offence, or any judge of a circuit, county, or corporation court, may admit such person to bail before conviction.† 1871-2, ch. 345, § ch. 199, § 6, p. Code of 1873, ch. 199, § 7 Supra, § 6 Bail in other cases; when and by whom allowed. 7. A person charged with an offence not so punishable, 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 justice thereof. In such, or any case of a person charged with an offence not so punishable, if he desire it, a court, judge, or justice before whom he is brought, may, without trial or examination, let him to bail, upon taking a recognizance for his appearance before the court having cognizance of the case; the fact of taking which 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 before which the accused is to appear; to which court, the judge or justice who issued such warrant, shall recognize or cause to be summoned such wit nesses as he may think proper. See Mayo's Guide and Math. Cr. Dig., tit. Arrests, &c. † 5 Rand., 646, 711; 11 Leigh, 696; 2 Rob., 767; 3 Gratt., 82; 6 Id., 705. Bail-piece to be delivered to bail; its form. 501 77-8 ch. 204, §8, p. 1-66-7, ch. 204, § 8. In all cases in which recognizances, at the suit of the 1R. C., § 52, p. commonwealth, may have been, or shall hereafter be entered 1852, ch. 93, pp. into, it shall be the duty of the clerk of the court in which, Code of 1860, or in the clerk's office of which any recognizance may be 825 filed, to deliver to the bail, on his applying therefor, a bail- 8, p. 925 piece, in substance, as follows: "A. B. of the county (or cor- ch. 199, § 8. p. poration) of is delivered to bail, unto C. D. of the county (or corporation) of at the suit of the commonwealth. Given under my hand, this in the year.” day of Justice, when to adjourn case, and how to proceed thereupon. Code of 1873, 1233 130 ch. 204, § 8, p. Code of 1860, 825 9. A justice may adjourn an examination or trial pending 1847–8, § 10, p. before him, not exceeding ten days at one time, without the Code of 1849, consent of the accused, and to any place in the county or 782 corporation. In such case, if the accused be charged with ch. 204. § 9, p. an offence punishable with death, or confinement in the peni- 1866-7, § 9, p. 925 tentiary, unless it be a case in which only a light suspicion p. 440 of guilt exists, he shall be committed to jail; otherwise, he may be recognized for his appearance at the time appointed for such further examination or trial, or for want of bail be committed to jail.* Proceedings when accused fails to appear. 1871-2, ch. 345, Code of 1873, ch. 199, § 9, p. 1233 ch. 199, § 10 10. If a person recognized to appear before a justice do Code of 1873. not appear at the time so appointed, the said justice shall Supra, 59 certify the recognizance and the fact of such default, to the county 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.† How accused is committed. 199, 211 11. If the accused is committed, it shall be by an order of Code of 1873, ch. the justice, stating that he is committed for further exami Supra, § 9 nation on a day specified in the order, and on that day he may be brought before the justice, by his verbal order to the * 2 Va. Cas., 504; 3 Leigh, 561; 15 Gratt., 381-388; 28 Id., 905-6. † 2 Va. Cas., 351; 2 Rand., 1; 6 Id., 820; 7 Leigh, 640; 10 Id., 627; 14 Gratt., 318, 698; 24 1d., 31. Code of 1873, ch. 199, § 12 Supra, 9 Code of 1873, ch. 199, 13 Supra, § 9 Code of 1873, ch. 199, & 14 Supra, § 9 1 R. C., § 1, p. 598 Code of 1849, 763 officer by whom he was committed, or by a written order to a different person.* How justice to proceed in examination. 12. The justice before whom any person is brought for an offence, 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.† Witnesses may be separated during examination. 13. While a witness is under such examination, all other witnesses may, by order of the justice, be excluded from the place of examination, and kept separate from each other.‡ When testimony to be reduced to writing. 14. When the justice deems it proper, the testimony of the witnesses may be reduced to writing, and the same, if required by him, shall be signed by them respectively.§ When justice to discharge accused. 15. The justice shall discharge the accused if he consider that there is not sufficient cause for charging him with the ch. 204, $ 14, p. offence; and shall commit him to jail, if he consider that there is such cause, or let him to bail under the sixth section. He shall require recognizance, with or without sureties, as he deems proper, from all material witnesses against 199, 215, p. 1234 the accused.|| Code of 1860, ch. 204, § 15, pp. 924 Code of 1873, ch. Code of 1873, oh. 199, § 16 Supra, § 15 When sufficient cause to charge the accused. 16. When a justice so considers that there is sufficient cause for charging the accused with the offence, 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 jurisdiction of the offence, at such time as the case can be proceeded in before such court. The justice shall return to the clerk of such court, as soon as may be, a certificate of the nature of the offence, showing whether the accused was committed or recognized therefor; * 1 Rob., 744; 10 Gratt., 667; 19 Id., 528. † 6 Gratt., 685; 10 Id., 667. 6 Gratt., 685. 23 Gratt., 919. 12 Va. Cas., 504. |