The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-12-02
LOCAL MATTERS.
The New Grand Jury Law.

S1o July Will thl CO GtIO
features-one giving the courts the right
to try all civil and criminal cases, cx-
ccpt felonies, without jury, unless one
was expressly demanded another abolish
ing the pay Of jurors, and third pre-
scribing that jurors shall be selected by
the court, Commonwealth's attorney, and
clerk. The bill with these distinctive
features passed both Houses few days be-
fore the adjournment, and was pocketed
by the Governor. 1t is not, therefore,
law.
The second bill was the criminal jury bill,
which was vetoed by the Governor.
The third was the Senate blu to pay
jurors, which passed the Senate, but not the
House. The fourth was the Senate jury
bill, embracing the main features Of the
general jury bill above described, and also
Of the Senate bill to pay jurors. This also
passed the Senate, but not the House. Nei-
ther Of the bills we have mentioned, there
fore, became the law, and there is no change
in the old law in regard to petit juries.
The fifth attempt at legislating on this
subject was more successful. Itculmnated
in "an act to amend and reenact chap
ter 206 of the Code of Virginia, edition of
1860 as to grand.iuries." This was approved
November 5, 1870, and is now the law Of
the land. AS it makes some material
changes in the old law, we publish a pretty
full abstract of its provisions.
Sec. prescribes that "there shall be
a grand jury at four Of the terms, in each
year, of the county and corporation courts,
| to be designated by the judge of such
courts and it shall be lawful for the said
| courts at any term thereof, or the judges of
said courts in vacation before such term,
whenever they shall deem it proper to do
so, to order grand jury to be summoned to
consider any offences against the laws.
Sec. 2. 1t shall be the duty of the
county or corporation court of each
| county or city Of the State, in the month
| OF January Of each year, or as soon there
| after as practicable, to select from the quail
| fed voters o.. each township Of such county
or ward Of such city, not less than tuenty
| nor more than one hundred persons of
honesty, intelligence, and good demeanor,
| and suitable in all respects to act us grand
jurors, and to furnish the clerk of such
court with list of the persons so selected,
made off by townships or wards, as the
case may be. 1t shall be the duty of
The clerk of such court thereupon to
write the names Of each of such persons
on separate slips of paper, placing the
names Of the residents of each township or
| ward together, and from these, in the pres
ence Of the Attorney for the Common
wealth, to select by lot as many persons us
may be necessary for the formation of the
grand juries of such county or city and
in drawing such persons to serve as grand
jurors, an equal number, rs near as may be,
and having reference to the populations OF
| the several townships or wards, shall be
drawn from the lists from each township OF
ward.
"!Sec. 8. 1t shall be the duty of the clerk
OF such court ut least twenty days before
each one of the four terms thereof, desig-
mated under the first section for the EN-.
panneling of 4 grand Jury and in other
| eases, forthwith, whenever SO ordered by
the judge of his court, to place i'll the bands
of the officer of such court lists of the grand
jurors selected by lot, as provided i'll the
previous section, made off 10y townships
| according to the place of residence OF the
several grand jurors, and embracing sIt
ficent number Of such persons to form such
grand jury. And it shall thereupon be the
duty of such officer to summon the persons
mentioned in such lists to attend on the
! first or such other day of said term rs the
| Judge may direct, to act as grand jurors.
"Sec. l. For four of the grand jurics in
each year, to be designated by such courts,
| there shall be summoned tWenty-tour citi-
| Zens of this State, Of the county or corpO-
ration in which the court is to be held, and
in other respects qualified jurors, and not
constables, ordinary keepers, oycrseers OF
roads, nor owners nor occupiers Of water
grist mills and when they are grand jurors
for a county court, not inhabitants OF q
| town having corporation court.
"The court in which grand jury is to be
empanneied for the four terms. as herein
| before provided, may, by direction to its
clerk, limit the number of persons to serve
thereon to not less than sixteen.
For grand juries, ordered for any other
term of such courts, there shall be sum-
moned ten citizens OF the State. with like
qualifications, and subject to the eXcep-
tlons hercinbctore stated; and the court
may, by direction to It's clerk, limit the
number of persons to serve thereon to not
less than six.
"Sec. 5. Any sixteen or more of such
persons summoned to the four regular
| terms, and any six or more OF such persons
| summoned to any other term, shall be 4
| competent grand Jury. If sufficient num-
ber do not attend, the said officer shall,
| from lists to be furnished him by the clerk
of such court, and compiled as herenDe-
fore provided, forthwith summon so many
! others as may be necessary.
"Sec. G. From among the persons SO sum-
moned, who attend, the court shall select Il
| foreman, who shall he sworn as follows:
'You shall diligently inquire and true pre-
| be gwen you in charge or come to your
knowledge touching the present SERVICE
You shall present no person through prcJu.
dice or ill-Wll, nor leave any unprescnted
through fear or favor but in all your pre-
sentiments 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 OBJ
serve and keep on your part. So help you
God.'
"Sec. I. The grand jury, after being
sworn, shall be charged by the Judge of
the court, and shall then be sent to their
room.
''Sec. S. The grand jury shall inquire of
and present all tclonies, msdemcanors, and
violations of penal laws committed within
the jurisdiction Of the respective courts
wherein they are sworn; except that no
presentment shall be made Of q matter for
which there is no corporal punishment,
but only fine, where the fine Is limited to
an amount not exceeding five dollars.
"Sec. 8. At least twelve OF the grand
jury ut the four regular terms, and at least
five of the grand jury at any other term,
must concur in finding or making an ln-
dictment or presentment. They may make
presentment upon the information of
two or more of their own body and when
q presentment is SO made, Or on the test
mony of witnesses called on by the grand
Jury, or sent to it by the court, the names
of the grand jurors giving the information,
or of the witnesses, shall be written at the
foot of the presentment.
"Sec.l0. Although bill OF indictment be
returned not true bill, another bill of in
dictment against the same person for the
cama offence may he sent to and acted OIL