Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1875-04-02
of County Courts
The New Law.


The following is the law in relation to
the Jurisdiction of the county courts as
passed by both houses of the General AS
sembly:
Be il enacted by the General Assembly
of Virginia, That sections ., 8, 8, 10, and
IL of chapter 154 of the Code of 1873 be
Iamended and re-enacted SO as to read as
follows:
SECTION 5. The county courts shall have
exclusive original Jurisdiction for the trial
Of all presentmentS, informations, and in
dictments for offences committed within
their respective counties, and also Of all
informations, presentments, and indict-
lnents now pending in said courts, except
that a person to be tried for arson or any
felony for which he may be punished with
death may. upon his arraignment i'll the
county court, demand to be tried in the
circuit court having jurisdiction over the
county for which said County court is held.
But no such demand shall be allowed in
q corporation court in which capital feloD-
les may now be tried. Upon such demand
the accused shall be remanded for trial in
the said circuit court, and all the material
witnesses desired for the defence or pro-
secution shall be recognized for their at
tendance at such trial. When person is
TclndIluSu, DIS tlOlCSdIu, NY d CUuuUy COuIU
the clerk thereof shall certify and transmit
to the clerk of the court in which he is to
be tried a record of the proceedings in said
county court in relation to the prosecution,
and copies of the Indictment OF other ac-
cusation, and of all recogniZanceS and
other papers connected with the case. such
copies shall be used with the same effect as
the originals. The clerk of the court in
which the trial is to be had shall, as soon
as may be, issue Uenaq'e focias, directed to
the officer of said court, requiring him to
summon Jurors for such trial.
SECTION s. When an Indictment is found,
or other accusation filed, against a person
for felony in court wherein he may be
tried. the accused, if in custody, or if he
appear according to his recognizance, shall,
unless good cause be shown for a continu-
ance, be arraigned and tried at the same
term. When an Indictment is found against
"a person for felony in the circuit court,
if it be for felony for which the accused
has the right Of election under the fifth
section Of this act, it he be in custody, or
il he appear according to his recognlzance,
he shall be arraigned in such circuit court,
and upon his arraignment shall have the
right of election. as provided for in the
fifth section of this act. And if the indict-
ment be for felony, for which the accused
has no such right of election, he shall be
remanded for trial in the county court, and
all material witnesses desired for the pro-
secution OF defence shall be recognized for
their appearance at such trial. Ii the ac
cused is not in custody, or fails to appear
according to his recognizance, the judge of
the court shall issue warrant to any sher
lift. sergeant. or constable, commanding
him to arrest such party and carry Him be-
fore justice of the county in which he
ought to be tried, and summon the wit
nesses for the prosecution to appear and
testify before the justice. The justice be-
fore whom such warrant was returned shall
proceed in the case as if the warrant had
been issued by himself.
SECTION 8. When the justice considers
that there is sufficient cause for charging
the accused with the offence he shall COM
nit him for trial, or bail him if it be d case
in which the party is entitled to bail. The
commitment for trial or recogniZance for
appearance shall be to the next term Of tie
court for such county in which the trial
may be had; and the justice shall return to
| the clerk OF the court from which the war
rant issued d certificate showing whether
| the accused was committed, Or recognized
| for trial, OF was discharged.
SECTION 10. When person is remanded
| by d circuit court, or is sent Oh for trial by
| Justice, the clerk of the. circuit court
| Snail TRANSMIT W lie Cielk Oh IU0 COUlt Ill
which he is to be tried the indictment and
all the recognzances and other papers con-
nected with the case, and q record of the
proceedings had therein in the circuit
court. Such papers and records shall be
used with the same effect i'll the county
DIS they might be in the circuit court if the
circuit court had Jurisdiction to Try the
offence. The clerk Of the county court
shall, as soon as may be, issue a vcndre f.
cias, directed to the proper officer of the
court, requiring him to summon jurors for
such trial.
!. SECTION H. IF the accused has not been
arraigned In the circuit court, if in Gus
tody, or if he appear in the county court
according to his recognizance, he shall,
unless good cause be shown for a continu-
ance, be arraigned and tried at the first
term Of the court to which he is renanded
or sent for trial.
g All acts or parts Of acts in conflict with
this act are hereby repealed.
This bill was approved by the Governor
Tuesday. BY the general law it goes into
effect July LIST.