The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1871-02-02
THE JURY LAW.

The following is the Jury Law, as passed by
the Legislature:
l. Be it enacted by the General Assembly,
That sections one, four, five, six, eight, ten, elev
en-, twelve, fourteen, nineteen, twenty five and
thirt y-eight, of chapter enc hundred and sixty
two of the Code of Virginia edition of eighteen
hundred and sixty,) be amended and re-enacted
so as TO read as follows:
Section l All male citizens, twenty one years
of age and not over sixty, who are entitled to
vote and hold office under the constitution and
laws of this State, shall be liable to as jul
rors, except as herein after provided.
JURIEs-How ORGANIZED AND SUMMONED.
Section 4. The judge of each county or cor
poration court shall, as soon after this act goes
into effect as may be, and thereafter annually at
the May OR June term of such court, prepare a
list of such inhabitants of the country or corpo-
ration, not exempt as aforesaid, as he shall think
well qualified to serve as jurors, being persons of
sound judgment and free from legal exception
Such list shall contain not less than one for every
one hundred Inhabitants of each township or
ward, having regard to the population of the
county, SO that the whole number of persons Sc
lected in the county shall amount at least to one
hundred and not exceeding three hundred.
Section S. The list SO prepared shall be deliv-
cred to the clerk of the court, to be safely kept
by him, subject only to the inspection of the
judge, hereinafter prescribed; and to such list
the judge may add the names of any persons liza
bic to serve, and to strike therefrom the name of
any person who has been convicted of any scand-
alous offence or been guilty of any gross i'm
morality.
Section 6. When such list is made out the
judge shall cause all the names thereon to be
fairly written, each on a separate paper or bal
lot, and shall fold or roll up the ballots that
the names written thereon shall not be visible on
the outside, and to resemble each olher as nearly
as may be, and shall deposit the ballots in Sc
cure box, prepared for the purpose, which shall
be safely kept by the clerk, and shall be opened
only by order of the judge, as hereinafter pre-
scribed.
Section 8. The clerk of every county or COR
poration court SHALL at least ten days before any
term of court at which jury may be wanted,
to be designated by the judge thereof, issue a
writ Of venire facias for twenty jurors, and
shall therein require the attendance of the jurors
on the first day of the court, at such other day
thereof as the said court shall order; but when
ever, in the opinion Of the circuit, county, or
corporation court ofany county or corporation,
a greater number of jurors than twenty
eight is necessary for the dispatch of the bust
ness Of said court, such opinion shall be entered
of record, together with the number of jurors
deemed necessary by said court; and if it be the
circuit court it shall be the duly Of the clerk Of
the circuit court thereafter to notify tAe clerk of
the county or corporation court of such county,
in writing at least twenty lays before the jurors
are requested to attend, or the number Of jurors
so ordered, and the time and place at which they
are to attend.
HOW DRAWN, &C.
Section 10. It shall be the duty of the clerk of
the county or corporation court. on day not
n,Or hun tan days before
the day which the jurors are required, in the
presence of the judge, if practicable, if not, of
the Commonwealths attorney, or of the
commissioners in chancery of the circuit court
of the county or corporation, to cause the proper
number of jurors to be drawn from the bex, and
forth with deliver the writ of yenlre facias al
ready issued in pursuance of the eighth section
to the proper officer of the county corporation,
requiring him to summon the persons thus drawn,
whose names shall be stated in the writ, together
with the term and the court at which they are
required to attend And it shall be the duty of
the officer, at least three days before the time
when the jurors are required to a tend to sum-
mon each person who is drawn to attend the sit
ting of the court al the time and place mentioned
in the writ, and make due return thereof at
the opening of the court i'll which the attendance
of the jurors is required. If in pursuance of the
eighth section Of this act more than twenty lght
jurors are required by the circuit, county or cor
poration court of any county or corporation. and
shall have been summoned, it shall be the duty of
the said court TO divide by lot the said number Of
jurors equally into two classes Of twenty-eight
Jurors each, which shall be denominated class
number one and class number two, And it shall
be the duty of class number one to serve as ju-
rors, to the exclusion and relief of class number
two, from the first to the sixth day Of the term
inclusive, at which time it shall be the DUTY OF
the jurors of the class number two to attend and
serve as jurors, except in those cases when any
of the jurors of class number one are actually
sworn in a cause, to the exclusion and relief OF
class number one, from the sixth to the twelfth
day of the term inclusive And the said classes
number one and number two, shall so on, alter
nately, serve as jurors until the end of the term
to which they may have been summoned as jurors.
Section H. When jurors are to be drawn as
aforesaid, the ballots in the jury boz shall be
shaken and mixed together, and the clerk, in the
presence of the judge, if present, if not. In the
presence of the Comm onwealth's attorney, or
commissioner in chancery of the circuit court of
the county or corporation, shall openly draw
therefrom as many ballots without inspecting
the names written any till the proper number
is DRAWN shall be equal to the number of jul
rors required and if any person whose name is
drawn is exempted by law, or is unable, by reason
of sickness, absence from home, or other cause,
to attend as juror, his name shall be returned
to the box; or if his name has been stricken from
the jury list, the ballot shall be destroyed, and
another shall be drawn In his stead,
Section IL. When any person is drawn, and
returned to serve as juror as aforesaid, the
judge, if present, if not, the Commonwealth at
torney, or commissioner in chaneery, shall cause
to be endorsed on the ballot containing his name
the word drawn and shall return it to the box,
and the date of the draft shall be entered on the
list Of jurors opposite his name
Section IA. Nothing contained in the proceed
ing sections shall prevent any court from issuing
writs of venire facias in term time, for addition
al jurors, or requiring other jurors to be sum
moned whenever it shall be found necessary for
the convenient dispatch of BUSINESS, in which
case the writ shall be served and returned, and
the jurors shall be required to attend, on such
days as the court shall direct, All ofsaid jurors
shall be summoned from list to be furnished
the officer by the judge of the court.
AS TO CHALLENGE, &C.
Section 10. When, by reason of challenge or
otherwise, sufficient number of jurors duly
drawn and summoned, cannot be obtained for
the trial of any case the Court shall cause the
Jurors to be returned from the by-standers, or
from the county or corporation at large; and for
that purpose may direct a venire facias to any fit
person, whose duty it shall be to execute and re-
turn the same according to the exigeney thereof.
All of said jurors shall be summoned from list