Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1871-01-31
The jury Bill.

Be at enacted By the General assembly, That
sections one, four, five, six, eight, ten, eleven,
twelve, fourteen, nineteen, twenty-five, and
thirty eight of chapter 1872 of the Code Of Vir-
ginia edition l860) be amended and re-enacted
SC as to read as follows
VI. Ali 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 20 serve as jurors,
except as hereinafter provided.
JURIES; HOW ORGANIZED AND SUMMONED.
Il. The judge of each county or corporation
court SHALL as soon after this act goes into eff
feet as may be, and thereafter annually, at the
May or June term Of such court, prepare list
of such inhabitants of the county or corpora
ton, not exempt as aforesaid. as he shall think
we'll qualified to serve as jurors, being persons
Of sound judgment and free from legal ex-
ception. Such list shall contain not less than
one for every 100 inhabitants of each township
or ward, having regard to the population of
the county, so that the whole number of per-
sons selected in the county shall amount at
least to 100, and not exceeding 800.
rs. The list SO prepared shall be delivered
to the clerk of the court, to be safely kept by
him, subject only to the inspection of the Judge,
as hereinafter prescribed and to such list the
judge may add the names Of any persons liable
any person who has been convicted of any scan
dalous offence, or been guilty Of any gross i'm
morality
IS. When such list is made out, the judge
shall cause all the names thereon to be fairly
written, each on a separate paper or ballot, and
shall fold or roll up the ballots so that the
names written thereon shall not be visible on
the outside, and to resemble each other as near
y as may be, and shall deposit the ballots in
secure box, prepared for the purpose, which
shall be safely kept by the clerk, and shall be
opened only by order of the judge, as herein
after prescribed
IS The clerk of every county or corporation
court shall, at least ten days before any term Of
court at which a jury may be wanted, to be
designated by the judge thereof, issue writ of
cenare fdclds Tor twenty-eight jurors, and shall
therein require the attendance of the Jurors on
the first day of the court, or at such other day
thereof as the said court shall order; but
whenever, in the opinion of the circuit, county,
or corporation court Of any county or corpora
ton, greater number of jurors than twenty
eight is necessary for the dispatch Of the bust
ness of said court, such opinion shall be en-
tered of record together with the number of
jurors deemed necessary by said court; and if
it be the circuit court, it shall be the duty Of
the clerk of the circuit court thereafter 10 noti
fy the clerk of the county or corporation court
OF such county, In wiring, at least twenty days
before the Jurors are requisite to attend, Of the
number OF Jurors so ordeied, and the tine and
place at which they are to attend"
40. 1t shall be the duty of the clerk of the
county or corporation court, On day not less
than seven nor more than ten days before the
day on which the jurors are required, 10 the
presence Of the judge, if practicable; if not,
of the Commonwealth S attorney, or one of the
aov mis- Ohio ,oft bo
OF the county or corporation to cause the
proper number of Jurors to be drawn from the
box. and forthwith deliver the writ of venire
faclas, already issued 10 pursuance OF the
eighth section to the proper officer Of the coun-
ty or corporation, requiring him to summon
the persons thus drawn, whose names shall be
stated ia 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 ale
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 due return thereof at the opening
Of the court in which the attendance of the ju-
rors is required. Ii, in pursuance of the eighth
section OF this act more than tWenty-eight ju-
rors are required by the circuit, county, or cor
poratlon 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 de-
nominated class number one and class number
two. And it shall be the duty of class number
one to serve as jurors, to the exclusion and re-
lief 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, ex-
cept 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, number one
and number two Shall SO on, alternately serve
as Jurors until the end of the, term TO which
they may have been summoned as jurors.
I'll. When jurors are to be drawn as afore-
said, the ballots in the juryb box shall be shaken
and mixed together, and the clerk, in the pres.
ence of the judge, if present, if not, in the
presence of the Commonwealth 5 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 on any till the proper num-
Der is drawn as shall be equal to the number
of jurors required and if any person whose
name is drawn is exempted by law, or is ana
BILE, by reason OF SICK ness. absence from home,
or other cause, to attend a. a juror, his name
shall be returned to the box; or if his name
has been stricken from the jury lit, the ballot
shall be destroyed, and another shall be drawn
in bis stead.
~. When any person IS drawn, and re-
turned TO serve as a Jaror as aforesaid, the
Judge, if present, if nor, the CONFERENCE.-The
attorney. or commissioner in chaucery shall
cause to be endor ed on the ballot containing
his name the word drawn, and shall return it
to the box. ard the date of the draft shall be
entered On the list Of jurors opposite his
name
s IA Nothing contained in the preceding sec
tions shall prevent any court from Issuing writs
of centre ttci0s, in term time, for additional
jurors. or requiring other jurors to be sum-
moned whenever it shall be found necessary fer
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 of said ju-
rers shall be summoned from list to be fur
nished the officer by the judge of the court :"
'sI9 When, by reason of challenge or other
wise, sufficient number, of jurors, duly draw n
and summoned, cannot be obtained for the trial
of any case, the court shall cause the jurors to
be returned from the bystanders or from the
county or corporation at large and for that pur-
pose may direct Ueaire facids to any fit person,
whose duty it shall be to execute and return
the same according to the exigency thereof
All of said jurors shall be summoned from a
list to be furnished the officer by the judge un-
less the judge shall deem it proper to dispense
with said list.
''25. Any court may allow special jury in
any case to be formed In the following manner,
viz: A panel shall be made Of twenty quail
court for that purpose, free from just cause OF
from which civ shall he chosen