The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-06-03
VOL. XXXII.

counterfeit money; or for felony which
may be punishable with death; may, upon
his arraignment in the county or corpora
| tion court, demand to be tried in the cir
cult court having jurisdiction Of the said
county or corporation; but no such de-
mand shall be allowed in any corporation
or hustings court held by a judge, and in
which, by especial statute, capital felonieS
may now be tried. Upon such demand
the accused shall be remanded for trial
| in the said circuit court, and all the mate
rial witnesses desired for the prosecu-
| tion or the defence shall be recognized
| for their attendance at such trial. When
person is remanded as aforesaid by
county or corporation court the clerk
thereof shall certify and transmit to the
clerk of the court in which he is to be
tried record of the proceedings had in
the said county or corporation court in re-
lation to the prosecution, and copies Of the
indictment or other accusation, and Of all
recognizances and other papers connected
with the case; such copies shall be used
with the same effect as the originals. If
the accused be remanded for trial in a court
whose Jail is not the Jail of the court re-
manding him, the latter court, by its order,
or, if it fail, any two justices of the county
or corporation, by their warrant, shall di-
rect the officer of such court to land he
shall) remove the prisoner to the Jail of the
court in which he is to be tried, and the
iailor thereof shall receive and keep him
safely until discharged by law. The clerk
of the county or corporation court shall,
as soon as may he, issue Ue1ire tdcidS di-
rected to the officer of the court in which
the trial is to be, requiring him to summon
jurors for such trial"
| S2. After the word "found "'the words
cor other accusation filed" are inserted.
And further on, after the word "indct-
ment," the words cor accusation are
added.
IS. (Changed to read y "The clerk of
a county or corporation court in which a
person accused Of felony is held or recog-
nized for trial, shall, as soon as practicable
after such person is committed or recog-
nized, issue uentre tdciaS for his trial,
returnable to the first day of the next term,
or to such other day as the attorney for
the Commonwealth may direct. And if
person charged with felony be not tried at
| any term of the court in which he is to be
tried. the clerk of such court shall, at least
five days before any subsequent term that
the case remains pending, issue venire
facias for his trial, returnable as above re-
quired.'
Sc. The word superior" is omitted.
Is. Changed to read y "Where seve-
raj persons are jointly charged and held to
be tried for felony, the clerk by whom
venire facas is required to be issued shall
! issue a writ for single venire for the trial
of all of them.
Sl7. Changed to read y "If court
in which person is held for trial see rea-
sonable ground to doubt his sanity at the
time at which but for such doubt he would
be tried, it shall suspend" ETC., [all the
rest of the section as in the Code.l
S22. At the end, the following words are
added: " And the court Of q county or cor
poration may in like manner order the
venue to be changed to another county or
/ corporation"
20. Changed to read): When the
venue is so changed, the court making the
order may admit the accused to bail, and
| shall recognize the witnesses and the ac-
cused If admitted to bail and the bail be
civen) to appear on some certain day be-
: fore the court to which the case is removed.
! If the accused be not admitted to bail, or
/ the bail required be not given,' lrest as in
! the Code
S26. Changed to read): Thereupon
the Judge may change the venue as here
inbetore provided, or may, with the con
sent of the accused, remand him for trial
in the county or corporation court in which
the prosecution was begun, and cause the
record and proceedings to be certified to
such court, which shall proceed to try the
/ ha1 removed
therefrom."
s 80 is omitted altogether.
81 (35 in Code) reads: Every per-
son charged with felony and held in any
court for trial shall be forever discharged
! from prosecution for the offence If there
! be three regular terms of such court after
! he is so held without trial." trest as In
! Code.
IN CHAPTER CCIX.
| S |. Last sentence omitted.
5 2. At the end of first sentence the
words "and county or corporation
| court shall in like manner suspend its
Judgment for the same purpose" are
added.
| 8. The words when the case is against
free person for misdemeanor are
omitted.
4. The words against a. free person
are omitted.
5. Now reads }: "When in any case
within this chapter writ of error lies from
| a circuit court, it may, in vacation of such
court, be awarded by any circuit Judge;
and when it lies from the court of appeals,
il may, in the vacation Of said court, be
awarded by any judge thereof"
S2l. New section "No capias to hear
Judgment shall be necessary in any prose-
cution for misdemeanor, but the court
NAV proceed to judgment in the absence OF
the accused; and if such judgment re-
ouires an infamous or corporal punishment,
the court may make such order as may be
necessary for the arrest of the person
against whom such judgment is, and for the
execution of the judgment. The proceed
ings upon such order shall conform as
nearly as may be to those upon capiaS to
hear Judgment, and all officers charged
with its execution shall have the same
movers and duties, and be subject to the
same RESPONSIBILITIES, as provided by law In
the case of capias to hear Judgment.
IN CHAPTER CCX.
81. The word "circuit is omitted.
IN CHAPTER cCxI.
81 The words " other than negro" are
omitted.
S4. Changed to read:) "Recognizances
in criminal cases shall be payable 10 the
Commonwealth of Virginia. Every re-
cognizance under any chapter of this title
shall be in such sum as the court or officer