Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1888-05-09
New Code Matters.

The following circular issued by the Clerk
of Henrico Court to the Justices OF that
county will be of value to the magistrate
and people all over the State.
Mr.. Waddill was born clerk, was
reared to that business, his father having
filled the office in Charles City county for
something like half century. 1t is pub
lished for general information, and COM
mended because of the assurance which can
be given of the correctness of the instruc-
ton it contains.
OFFICE OF THE COUNTY COURT OF
HENRICO,
RICHMOND, Va, April II, 1888.
To the Justices Of The Peace of The County
of Henrico:
Important changes have been made in the
new Code concerning your duties, and mas.
much as you are required to make report to
this office in criminal cases, to facilitate you
in the performance of that duty, I address
you this communication.
section No. 718 requires you within thirty
DAYS after every trial, whether the accused
was convicted or discharged, to make report
of the case, with statement of the costs.
Blanks will be furnished you on application
on which to make the report. Should you
give Judgment against the prosecutor for
the costs embrace in the report the name OF
the prosecutor and the amount of the costs
against him. If the witnesses claim their
attendance state the name of each witness,
the number of days he attended, and the
amount due him for attendance, but do no,
issue any certificate to the witness for such
attendance. See that the other columns o.
costs are properly filled.
Section No. III empowers you to commit
the defendant to Jail until the fine and costs
are paid, or until the costs are paid where
no fine is imposed, and there is judgment
for the costs. In no case should you ISSUE
execution for the fine and costs that issues
from this Office.
Section No. 722 authorizes you, upor
committing the defendant to Jail, to receive
the fine and costs if the same be rendered
Where such payment is made to you, in
clude in the costs the sum of $1.25 fo
clerks fees, and if the witnesses hav'
claimed their attendance, in addition to thu
amount due the witnesses include the sun
of thirty days for each witness so claiming
his attendance for the fee of the clerk OIL
certifying the attendance of the witness.
If payment has been made to you unde
section 1872, you are prohibited by section
1886 from retaining out of the costs you
fees or disbursing any part of the costs
The whole of the costs aud the fiue are re
euired to be paid over to me and by me tt
be paid into the Treasury.
In matters of inquest, if the deceased b.
a stranger in the county, and has not sui
ficient estate to pay the expenses, the cos
of the inquest and burial are payable out
the State Treasury. But if the deceased
was not a stranger, and has not sutilclen
estate, &c., the costs are payable out of tn
county treasury. A certificate to this effec
should be returned with the papers of tn
inquest. In making your charges agains
the Commonwealth bear in mind that you
services in criminal matters, in cases o
lunacy, and of inquests must be stated OF
separate accounts, otherwise the account
cannot be certified. This applies to tn
charges of constables as we'll.
See section $3.50 and section 1858 for you
fees and the fees of copStables in crimina
cases.
See section 4106 for your jurisdiction il
criminal cases.
On certifying case to the grand jury 70
Indictment return the following papers: Il
The warrant of arrest; ~ certificate to tn
clerk, showing the nature of the offenc
charged, and whether the accused has beef
bailed or committed to jail; (3) recogni
zanos of the witnesses; and az recogni
zance of the accused if bailed, or miJtimu
if committed to jail Blanks for this pur
pose will be furnished you on application.
Respectfully,
SAMUEL P. WADDILL.