101 1792. IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. Court, coming to and returning from thence, allowing one day for every twenty miles from their places of abode, and all fuch arrefts shall be void. IX. NO Grand Jury shall make prefentment of their own knowledge, upon Rules in making preinformation of fewer than two of their own body, nor in the District Courts fentments. where the penalty inflicted by Law is lefs than five dollars, or two hundred pounds of tobacco. a X. IN cafe of the ficknefs, death, or non-attendance of any Grand Juror or Grand Jurors, after he or they shall be fworn, it shall be lawful for the Court to caufe others to be fworn in his or their ftead. b Others may be fworn in they are fworn. XI. FOR the trial of all caufes in the District Courts, and in the County and other Inferior Courts where a Jury may be neceffary, the Sheriff or other rors at every court. Officer attending fuch Courts refpectively, shall every day the Court fits, fummon a fufficient number of by-tanders, or others qualified as herein after is directed, to attend the Court that day, that out of them may be impannelled fufficient Juries for the trial of caufes depending in fuch Courts; and if any per fon fo fummoned, shall fail to attend the Court accordingly, he shall be fined Fine, if they fail to ateight dollars, to the ufe of the Commonwealth. c tend. XII. NO perfon shall be capable to be of a Petit-Jury, for the trial of Qualifications of jurors. Treafon, Felony, breach of the Peace, mifprifion of Treafon, breach of a penal Law, or any other pleas of the Commonwealth, or of any eftaté of freehold, or eftate or title in or to lands, tenements, or hereditaments, in any Court of In the Superior Courts Record in this Commonwealth, or to be a Juror in any cause whatsoever, de pending in the District or any other of the Superior Courts of the Common wealth, unlefs fuch perfon be a freeholder, and possessed of a vifible eftate, real In county courts. or perfonal, of the value of three hundred dollars at the leaft. No perfon fhall be capable to be of a Jury for the trial of any caufe whatsoever, in any Coun- Infants not to serve as ty Court or other Inferior Court, unless he be poffeffed of a visible eftate, real jurors. or perfonal, of the value of one hundred and fifty dollars at the leaft. No perfon under the age of twenty-one years, fhall ferve as a Juror. No Sheriff Jurors fhall not be chalor other Officer fhall, at any time, fummon or return any Juror, not qualified as leaged after they are. this Act directs. Provided always, that no exceptions against any Juror, on account of his eftate or age, or any other legal difability, fhall be allowed after he is fworn. c (worn. XIII. JURIES de medietate lingua may be directed by the Courts refpec- Juries de medietate lin tively. d XIV. JURORS knowing any thing relative to the point in iffue fhall difclofe the fame in open Court. d XV. ANY Juror guilty of a contempt to the Court, may be fined by fuch Court in any fum not exceeding thirty dollars. d XVI. NO Sheriff fhall converfe with a Juror, but by order of the Court, after the Jury have retired from the bar. d XVII. IF any Sheriff fhall fail to fummon a Grand Jury, and return a pannel of their names as herein directed, he shall forfeit and pay twenty dollars, for the use of the Commonwealth. e When the fheriff may converfe with them. Penalty on fheriff for failing to fummun a grand jury. XVIII. EVERY venire-man fummoned and attending the District Court Allowance to venirefor the trial of any perfon charged with a criminal offence, fhall have the fame men allowance for travelling and attendance, as is provided in the cafe of witnefles attending the faid Courts, to be paid by the Public. If any perfon fo fummon ed as a venire-man, fhall fail to attend accordingly, not having a reasonable Penalty on them for excufe, to be made at the time he thould have appeared, or at the next Dif- failing to attend. trict Court, every fuch perfon may be fined by the Court, not exceeding fix dollars, to the ufe of the Commonwealth. ƒ XIX. JF any Juror upon any inqueft whatsoever, shall take any thing by his verdict. himfelf, or another, to give his verdict, and fhall be thereof convicted, fuch Penalty on a juror tak Juror fhall not thereafter be put on any Jury, and hall pay ten times as much, ing any thing for giving as he fhall have taken; whereof one half fhall go to him who will fue for the fame, and the other half to the Commonwealth. g XX. THE Sheriff of the County of James City for the time being, and his Under-Sheriffs and Deputies, and every of them, thall be, and are hereby empowered and authorised, to fummon Jurors of the inhabitants of James City County, in all and every part of the City of Williamsburg, as well in that part (a) 22 Geo. zd, ch. 7, fec. 4. 1788, ch. 67, fec. 107. (b) 1788, ch. 67, fec. 106. (c) Enacted from 22 Geo. 2, cb. 7, jec. 5, 6. (d) 1789, ch. 67, sec. 44, 5,6, 45,45, 48. (e) 22, Geo. 2, ch. 7, fec. 1. (f) 1783, ch. 67, fec. 103, 104. (g) 1789, ch. 26, fec. 3. ed as jurors in James Who may be fummonCity county. Repealing claufe. Commencement of this A&. lying in the County of York, as James City, to ferve on Juries on the days appointed for holding Courts in the faid County of James City. a XXI. ALL and every Act and Acts, claufes and parts of Acts, containing any thing within the purview of this Act, fhall be, and the fame are hereby repealed. XXII. THIS Act fhall commence in force, from and after the paffing thereof. CHAP. LXXIV. An Act directing the Method of proceeding against free Perfons charged with cer I. [Paffed the 13th of November, 1792.] BB it enacted by the General Alfembly, That when any perfon, not being a flave, shall be charged before a Juftice of the Peace, with any criminal offence, which in the opinion of fuch Juftice ought to be examined into by the County or Corporation Court, the faid Juftice shall take the recognizance of all material witneffes to appear before fuch County or Corporation Court, and immediately by his warrant commit the perfon fo charged to the County or Corporation Jail, and moreover shall iffue his warrant to the Sheriff of the County or Serjeant of the Corporation, requiring him to fummon the Juftices. of the County or Corporation, to meet at their Court-houfe on a certain day, not less than five, nor more than ten days after the date thereof, to hold a Court for the examination of the fact, which Court shall confider, whether, as the cafe may appear to them, the prifoner may be difcharged from further profecution, may be tried in the County or Corporation, or must be tried in the Dif trict Court. If they shall be of opinion, that the fact may be tried in the County or Corporation, the prifoner shall be bound over to the next GrandJury, to be held for that County or Corporation, then to be tried, or, upon refusing to give fuflicient bail, shall be remanded to the County or Corporation Jail, there to remain until fuch Court, or until he or she shall be bailed. If they shall be of opinion that the prifoner ought to be tried in the District Court, they shall take the depofitions of witneffes, and bind fuch as they shall think proper, by recognizance to appear and give evidence against fuch criminal at his or her trial, and having remanded the prifoner to Jail, any two of the Juftices by warrant under their hands and feals, shall direct the Sheriff or his Deputy, or Serjeant, to remove the prifoner, and commit him or her to the District Jail, there to be safely kept until he or she shall be discharged by due course of Law; by virtue of which warrant, the Sheriff or his Deputy, or Serjeant, as foon as may be, shall remove the prifoner, and deliver him or her with the warrant to the Keeper of the District Jail, who shall receive and keep him accordingly. And for enabling the Sheriff or his Deputy, or Serjeant, fafely to convey and deliver fuch prifoner, the faid two Juftices, by their warrant, shall empower him, as well within his County as without, to imprefs fuch and so many men, horfes, and boats, as shall be neceffary for the guard and fafe conveyance of the prifoner, proceeding therein as the Law may direct in cafes of impreffing on other occafions; and all perfons are to pay due obedience to fuch warrant. b II. IF fuch prifoner shall in the opinion of the Court be bailable by Law, they shall enter that opinion in their proceedings, and alfo the fums of money in which he and his bail ought to be bound, and he or she shall not be removed within twenty days after the examining Court, but shall and may be admitted to bail, before any Juftice of the fame County or Corporation within that time, or at any time afterwards before any Judge of the General Court. When any prifoner fhall be thus admitted to bail by any Judge of the General Court, the Judge fhall tranfmit the recognizance to the Clerk of the District Court, and give a warrant for the deliverance of the prifoner; and the warrant being put into the hands of the Officer in whofe cuftody the prifoner fhall be, he fhall thereupon be delivered, if he be detained for no other caufe. < (a) From 1748, ch. 6, fec. 18. *By act of 1799, ch.58, an alteration mads in manner of holding called Courts. (b) 1788, cb.67, fec. 95. (c) 1,786 ch.57 |