The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-01-27

he county, 80 that the whole nulaDeE VI
persons selected In the county shall amouns
it least to 100, and not exceeding 800:
fs5. The list so prepared shall be dehIerea
% the clerk Of the court, to be safely kepG
" him, subject only to the inspection OF inc
Judge, as hereinafter prescribed anu TO sucn
list The judge may add the names OF any pei
sons liable to serre, and to strike tnere'ron
,he name of any person who mas peen con,
Ticted Of any scandalous onence' VI peeiA
guilty of any gross immortality.
Go. When such list is made out the judge
,hall cause all the names thereon to be fair
Is written, each on a separate paper or pal
lot, and shall fold or roll up the ballots SO
hat the names written thereon shall not De
visible on the outside, and to resemble eacn
other as nearly as may be, and shall deposit
The ballots in d secure box, prepared LOT Inc
purpose, which shall be safely kept by tne
clerk. and shall be opened only by order OF
The Judge, as hereinafter prescribed.
"S, The clerk of every county or corpor-
alton 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 writ of uen1re fdcaas for
twentv.eieht Jurors, and shall therein re-
nuire the attendance Of the jurors on the
first day of the court, or at such otner gay
thereof as the said court shall order; but
whenever, in the opinion of the circuit,
county, or corporation court OF any couh-
ty or corporation, greater number OF lu-
rors than twentv-eight is necessary ior tne
dispatch of the business Of said court, such
opinion shall be entered of record, togetnef
with the number Of jurors deemed neces-
sarv by said court and if it be the clrcult
court, it shall be the duty OF the cierk OF
the circuit court thereafter TO nolh! Tue
clerk of the county or corporation coulI vi
such county,. IN writing, at ieast 5T te ~
DAYS before the jurors are requested 10 at
tend of the number of jurors so ordered,
and the time and place at which they are 10
attend" r.
"1O. It shall be the duty of the clerk OF
the county or corporation court, on Gay
not less than seven nor more than ten days
before the day on which the Jurors are re-
nuired. in the presence of the judge, IL
practicable if not. Of the Commonwcalth's
attorney, or one of the commissioners IN
chancery of the circuit court of the county
or corporation, to cause the proper num-
Der of Jurors to be drawn from the box.
and forthwith deliver the writ OF reWre
facias. already issued in pursuance of the
eighth section, to the proper of1cer or the
county or corporation, requiring MN 10
summon the persons thus drawn, whose
names shall be stated in the writ, toSether
with the term and the court ut whlch they
are required to attend. And it shall be the
d,lty of the officer, ut least three days be-
fore the time when the jurors are required
to attend, to summon each person who Is
drawn to attend the sitting OF the court at
the time and place mentioned in the writ,
and make a due return thereof at
the opening of the court in which
the attendance of the jurors is re-
uuired. If, in pursuance of the
eighth section Of this act more than tWen-
weight Jurors are required by the circuit,
county, or corporation 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 denomi-
mated class number one and class number
two. And it shall be the duty Of class num-
Der one to serve as jurors, 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 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, num-
Der one and number two, shall so on, alter
natcv, serve as jurors until the end of the
term to which they may have been sum-
moned rs Jurors.
eli. When jurors arc to be drawn as
aforesaid, the ballots in the lury-boX shall
be shaken and mixed together, and the
clerk, in the presence of the judge, if
if not, in the presence of the
Commemorative attorney or commissioner
in chancery of the circuit court OF the
or corporation, shall openly draw
therctrom rs many ballots without inspect
Ing the names written on any till the proper
number is drawn) as shall be equal to the
number of jurors required; and if any per-
son whose name is drawn is exempted by
law, or is unable, by reason Of sickness,
absence from home. or other cause, to at
tend as Juror, his name shall be returned
to the box; or il his name has been stricken
from the jury list, the ballot shall be de-
stroyed, and another shall be drawn in his
stead.
"12. When any person is drawn, and re-
turned to serve as juror rs aforesaid, the
Judge. if present, if not, the Common
wealth's attorney, or commissioner in
chancery, 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"
Oh. Nothing contained in the preceding
sections shall prevent any court from lssu-
ng writs of genire fdcads, in term time, for
additional jurors, or requiring other jurors
10 be summoned whenever it shall be found
necessary for the convenient dispatch of bu-
;iness, in which case the writ shall be served
md returned, and the jurors shall be re-
luired to attend on such days as the court
shall direct. All of said jurors shall be sum-
noned from Il list to be furnished the officer
by the Judge of the court"
"19. When, by reason of challenge or
a sufficient number of jurors,
luly drawn and summoned, cannot be Oh.
aimed for the trial of any case, the court
,hall cause the Jurors to be returned from
,le bystanders or from the county or cOrpo-
ration at large, and for that purpose may
direct ven1re focias to any tit person,
whose duty it shall be to execute and re-
turn the same according to the eNgency
thereof. All Of said jurors shall be sum-
moned from list to be furnished the OH
GER by the Judge unless The judge shall deem
it proper to dispense with said list"
"25. ANY court may allow Il special jury
in any case TO be formed in the following
viz: A panel shall be made Of
twenty qualified jurors, to be summoned
BY an order of the court for that purpose,
free from just cause of exception. from
which sixteen shall be chosen by lot; the
parties thereupon, beginning with the plain
titfs or COMMUNICATIVE attorney, where
the Commonwealth is a party, shall alter
nately strike off one until the number be
reduced to twelve, which number shall
compose the jury for the trial Of the case.
The said jurors shall be summoned from a
list to be furnished the officer by the judge
of the court"
"SS. In any case except case Of felony
or mlsdemeanor, unless one of the parties