Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1882-04-25

attending shall be competent grand jury. If
sufficient number do not attend. the court
shall direct the sheriff to forthwith summons
as many others as may be necessary, whether
their names are in such list or not, but who
shall In other respects be qualified to act as
grand jurors
D. From among the persons so summoned,
who attend, the court shall select q foreman
who shall be sworn as follows. ..You shall
dilgenuy enquire and true presentment make
OF ell such matter as may be given you in
charge or come to your knowledge touching
the present service. You shall present no
person through malice, hatred or i'll will nor
leave any unprssented through fear. favor.
pastiality or affection but in all your present,
nents you shall present tho truth, the whole
truth, and nothing but the truth. So helm
you God" The other grand Jurors shall
afterwards be sworn as follows: .sThe same
oath that your foreman has taken on his part.
you and each of you shall observe and keen
on your part, so help you God"
6. Tho grand jury shall enquire of and
present all felonics, misdemeauers, and vi
olstions of penal laws, committed in the iu,
risdiction of the court wherein they are
sworn, except that no presentment shall be
made OF q matter for which there is NO inn
prisonment but only 6ue, where the fine is
limited to an amount not exceeding two dol>
lars. They shall appoint one of their nuns
her as clerk, who shall write down the names
of each witness examined by them, aud the
subsistence of tho evidence given by him. and
furnish the same to the prosecuting attorney.
8. AT least twelve of the grand jurors must
concur in finding or making an indic.ment
or presentment. They may make a present.,
ment or ind an indictment upon the informa>
+ tIou oil two or more of thsir own BODY. and
when presentment or indictment is so made
or on the testimony of witness called ON bv
the grand jury, or sent to it by tho court.
the names Of the grand jurors giving the in,
formation, or of the witnesses, shall be writ,
ten at the foot of tho presentment or indict-
mcnt.
9. Although bill of indictment be re>
turned not true bill, another bill of indict>
ment against tho same person for the samo
ofonse may be sent to and acted on by the
same or another grand jury.
10. 1T the foreman or any othor grand iu-
ror DO unable or fail 10 attend, after being
sworn, another may be sworn in his stead
And when one grand jury hos been dis>
charged, another may, by order of the court,
be summoned to attend at the same term.
IL. court whose officer shall fail, when
1T is his duty, to summon grand jury and
return list of their names, shall fuo him
twenty dollars. A person summoned, and
failing to attend court as grand juror, shall
be hued By said court ten dollars, unless after
being summoned to show cause against the
foe. he give a reasonable excuse for his
failure.
~. No prosentnent or indictment shall be
qrasbed or abated on account of the ipcom-
Petency or disqualification of sny one or more
of the grand jurors who found tho same.
13. The grand jury for any torn of the
circuit court of a county which shall COM
menco before the end of forty days after tho
adjournment of the next levy term OF tho
county court Of such county, shall be sum-
moncd according to the laws in force ON tho
day before this act takes effect.
All acts and parts of acts coming within
the purview of this act and inconsistent
herewith, are hereby repaaled.