Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1888-05-11
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 peop'C
all over the state.
Mr.. Waddill was a born c'eIk
was reared to that business, his
father having filed the Office in
Charles City county for something
like half century. ltIs published
for general information, and com
mended because of the assurance
which can be given Of the correct
ness of the instruction it contains
OFFICE OF THE COUNTY CoURT)
OF llENRICO,
RICHMOND, VA, April Il, So
To the Justices Of the Peace Of tn
Coaatyof Henrico:
Important changes have been
made in the new Code concerning
your duties, and inasmuch as you
are required to make report to this
Office IN criminal cases, to facilitate
you in the performance of that du-
ty, | address you this communica-
ton.
Section No. rs requires you with
in 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. IT the witnesses claim their
attendance state the name of each
witness, the number Of days he at
tended, and the amount due him
for attendance, but do not issue any
certificate to the witness for such
attendance. See that the other
columns of 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 a 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,
upon 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 1925
tor clerks fees, and if the witnesses
have claimed their attendance, in
addition TO the amount due the
witnesses include the sum of thirty
cents for each witness 30 claiming
his attendance for the fee of the
clerk on certifying the attendance
for the witness.
If payment has been made TO you
under section 722,yOu are prohibited
by section 1886 from retaining out
of the costs your tees or disbnrsing
any part OF the costs. The whole
of the costs and the fine are re-
quired to be paid over to me and
by me to be paid into the Treas.
ury.
In matters Of inquest, if the de.
ceased he n stranger in the county,
and has not sufficient estate TO pay
the expenses, the cost of the in
quest ard burial are payable out of
the state Treasury. But il the de.
ceased was not u stranger, and has
not sufficient estate, &c, the costs
are payable ont ofthe county treas.
ury. A certificate to this effect
should be returned with the papers
Of the inquest. In making your
charges against the Common wealth
bear in mind that your services in
matters, In cases OF lunacy,
and of inquests must be stated on
separate accounts, otherwise the
accounts cannot be certified. This
applies to the charges Of cOnsta-
bles az well.
See section $3.50 and section 1881
for your tees and the ices Of con
stables in criminal cases.
See section HOG for your inris-
fiction in criminal cases.
On certifying case TO the grand
airy for indictment return the fol-
owing papers: % The warrant of
arrest; ~ certificate to the clerk,
showing the nature Of the offence
and whether the accused
has been balled OF committed TO
all l3) a recognizance of the wit.
Iesses and a. a recOgnizance of |
he accused if bailed, or mittimus
I committed to Jail. Blanks for |
his purpose will be furnished you |
IN application.
Respectfully,
SAMUEL Il. WADDILL.