1792.

In the High Court of

Chancery.

In the District Courts.

98 IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH.

in question, eight dollars and thirty-three cents; in thofe where the title or bounds of lands, fhall or may come in queftion, fixteen dollars and fixty-fix cents; in any fuit in Chancery, the fee last mentioned; in any fuit in a District Court, where the title or bounds of land fhall or may come in question, five dollars; and in all other cafes two dollars and fifty cents, except in caufes transferred from the General Court, in which the fee fhall be the fame as in the General In the County Courts. Court. And Lawyers practising in the County Courts, or other Inferior Courts, for fervices to be by them done in fuch Courts, may demand for an opinion or advice, where no fuit is or fhall be brought or profecuted, or defended, by the Attorney giving fuch advice, but not otherwife, one dollar and fixtyfeven cents; and in any fuit at common Law, other than the actions hereafter mentioned, or by petition, two dollars and fifty cents; in all Chancery fuits, or real, mixed, or personal actions, where the title or bounds of lands, thall or may come in queftion, five dollars; on a petition for a small debt, one dollar and twenty-five cents; and any Lawyer for attending a furvey in the Country, for every day he shall attend, may demand three dollars and fifty-eight cents, which laft mentioned fee may be taxed in the bill of cotts. And every Lawyer exafting, taking, receiving, or demanding, any greater fee, or other reward, før any of the above fervices, before he has performed the faid fervices, or finished the faid fuits, shall forfeit and pay one hundred and fifty dollars for every of fence; one half to the Governor, for the time being, for the use of the Commonwealth, and the other half to the Informer, to be recovered by action of debt or information in any Court of Record within this Commonwealth. a

Not to recover more than the legal fees.

Lawyer's fees to be taxed in the bills of cofts.

Repealing claufe.

Commencement of this

Act.

XIII. NO Lawyer in any fuit to be brought for his fees or fervices, shall recover more than the fees above-mentioned, notwithstanding any agreement, contract, or obligation, made or entered into by the party against whom fuch fuit shall be brought. a

XIV. THE Clerks of the High Court of Chancery and General Court refpectively, shall tax in the bill of cofts on all decrees obtained in the former, and on all judgments in the latter, in any action wherein the title or bounds of land shall or may come in queftion, a fee of fixteen dollars and fixty-fix cents, and in all other cafes in the faid last mentioned Court, the Clerk shall tax a fee of eight dollars and thirty-three cents, where the party obtaining fuch decree or judgment employed a Lawyer, except againft Executors or Adminiftrators, or where the Plaintiff may not recover more colts than damages; and the Clerks of the respective District Courts, and County Courts, or other Inferior Courts, shall tax in the bill of cofts in all judgments in any action where the title or bounds of land shall or may come in queftion, and on all Decrees in Chancery, either when the Plaintiff shall recover or be non-fuited, or where his fuit shall be difmiffed, five dollars; and in all other actions or fuits, except fuch as are brought by petition in the County or other Inferior Courts, two dollars and fifty cents, for an Attorney's fee, if the party employed one, except against Executors or Administrators, or where the Plaintiff may not recover more coits than damages; and except alfo fuch fuits as have been transferred from the General Court to the District Courts, in which laft mentioned fuits the fame fees shall be taxed as if they had been determined in the General Court. And in all fuits by petition, the Clerks of the faid County Courts, and other Inferior Courts, shall tax in the bill of cofts, where an Attorney shall be employed, one dollar and twenty-five cents as an Attorney's fee, against the party who shall be caft, except against Executors or Adminiftrators. b

XV. ALL and every Act and Acts, claufe or claufes of Acts, containing any thing within the purview of this Act, shall be, and the fame are hereby repealed. Provided always, that nothing in this Act contained shall be conftrued to repeal any Act heretofore made, for fo much thereof as may relate to any offence committed or done before the commencement of this A&.

XVI. THIS A&t shall commence and be in force, from and after the pafing thereof.

(a) 1761, ch. 3, fec. 11, 12. (b) Tuken from 1764, ch. 15, fec 3.

CHAP. LXXII.

An A reducing into one A, the feveral Acts directing the Manner of Proceeds ing in Cafes of Impeachment.

[Paffed the 18th of October, 1792.]

I. DE it enacted by the General Affembly, That the procefs against any per- Procefs in impeach fon impeached by Refolution of the Houfe of Delegates, shall be fum- ments. mons, attachment, and diftrefs, bearing tefte, the firft of them, the day of emanation, and the others, the return day of the procefs preceding, and shall be iffued and figned by the Clerk of that Court where fuch impeachment is, by the Constitution, directed to be tried, as foon as fuch impeachment shall be notitied to him by the Attorney-General, or any other perfon or perfons ap pointed by the Houfe of Delegates to profecute the fame. a

II. A COPY of the articles of impeachment shall be delivered to the party accufed, whenfoever he shall require it, and the Court shall from time to time make fuch rules for compelling him to anfwer, and bring the matter to iffue fpeedily, as to them shall feem reasonable. a

be delivered to the patty accufed.

Copy of the articles to

The court may haften

the ifue and trial,

None to be found guilty but by a jury.j

III. NO perfon shall be found guilty on an impeachment, but by a Jury, for which purpose, as foon as any matter of fact shall be put in iffae, the Clerk of fuch Court shall iffue a venire facias to the Sheriffs of the Senatorial Diftrict, wherein the perfon accused refides, commanding them to fummon in their Counties to the first day of the next fucceeding Court, in proportions as nearly equal as posible, twenty-four Jurors qualified according to Law for the trial of other criminal cafes, which procefs may be repeated by order of the Court as Jury, how to be fumoften as it shall be neceffary. The profecutor for the Commonwealth, and the moned.

perfon accufed, shall in open Court, alternately ftrike one, until the number shall be reduced to twelve, which remaining twelve shall be a Jury, and shall try the impeachment, render a verdict, and proceed in the fame manner as is prefcribed in the cafe of an indictment in the District Courts. The Jurors shall have the fame allowance, and be fubject to like penalties as in the cafe of veniremen, attending District Courts. If twenty-four Jurors should not appear, byflanders may be fummoned to make up the deficiency. b

IV. THE party accufed may have one or more Counfel without petition. Party accufed may have ing the faid Court.

V. A PERSON impeached may for good caufe, challenge a Juror either before or after the names shall be ftruck. b

VI. NO impeach neat shall be tried during the Seffion of the General Affembly, unless the party accufed shall request it. b

VII. A PERSON found guilty on impeachment, shall be either for ever difabled to hold any office under Government, or removed from fuch office, pro tempore, or fubjected to fuch pains or penalties as any Act of the General Affembly may direct. ¿

counfel.

May challenge jurors..

No impeachment fhall

be tried during the Sef

fun of the Affembly. impeachments, how to Perfons found guilty on be punished.

VIII. ALL and every A&t, within the purview of this Act, shall be, and Repealing clause. the fame are hereby repealed.

IX. THIS A&t shall commence and be in force, from and after the pafs- Commencement of this ing thereof.

A&.

I.

CHAP. LXXIII.

An Act concerning Grand Juries, Petit Juries, and Venire-Men.

FOR

[Paffed the 29th of November, 1792.]

OR the more regular enquiry into breaches of penal Laws, and trials Grand Juries to be fum of matters of fact in the feveral Courts of Justice within this Common- monel to every Distric Court wealth, by Juries; Be it enacted by the General Assembly, That the Sheriff of each County, where a Diftri& Court is appointed to be holden, shall before every meeting of fuch Court, fummon twenty-four of the most discreet Freeholders of the District, not being Ordinary Keepers, Conftables, Surveyors of Highways, or Occupiers of Mills, to appear at the fucceeding Diftrict Court, on the firit

(a) Conftitution, art. 16, 17. 1788, ch. 67, fec. 128, 129, 130, ib, ch. 68, fec. 5, 6, 7. 1789, ch. 40. (b) 1788, ch. 68, fec. 5, 6, 7.. (c) Const, ari. 16. † See acts of 1795, ch. 10. By act of 195, pa, 16, fec. 3, Constablez enly disqualified in District and General Court,

1792.

Their duty.

By-standers may be fummoned if all the ju

tors do not attend.

Grand jurors to be fummoned to every quarterly feffion of the County Courts.

Their duty.

Oath to be administered to the foreman of every Grand Jury.

To the other jurors.

Inhabitants of a corpo

rate town not to act as grand jurymen of the County,

What offences may be prefented by grand ju

ries of county courts.

Method of profecuting prefentments in the county and district

courts, where the penalties do not exceed

certain fums,

100 IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH,
day thereof, which the faid Sheriff is hereby empowered to do, as well without
his County as within the fame; and the faid twenty-four Freeholders, or any
fixteen of them, shall be a Grand Jury, who shall be fworn to enquire of and
prefent all Treafons, Murders, Felonies, or other Mifdemeanors whatsoever,
which shall have been committed or done within the District, for which they are
impannelled; and if a fufficient number of the faid Freeholders should not at.
tend on the first day of the Court, the Sheriff shall fummon from the by-stand-
ing Freeholders, qualified according to Law, a fufficient number to form toge-
ther with fuch of the first mentioned Freeholders as do attend, a Grand Jury. a
11. THE Sheriff of each County, and the Serjeants of the Cities of Willi
amsburg, Richmond, and Borough of Norfolk, and other Corporations within
this Commonwealth, shall before every Quarter Seffion of the County or Corpo-
ration Courts, refpe&tively fummon twenty four Freeholders of his County or
Corporation, not being Ordinary Keepers, Contables, Surveyors of Highways,
or Owners of Occupiers of a Mill, out of which number shall be impannelled
a Grand Jury of ixteen at the leaft, who shall be fworn to enquire into the
breach of penal Laws, and make prefentment of the offenders; but shall prefent
fuch offences and breaches only, as shall have been committed within the space
of twelve months before the time of fuch prefentment, unless the fame be other-
wife directed by Law; and fuch Grand Juries having prefented all fuch matters
as come to their knowledge, shall be discharged, always obferving that when
they make prefentment, to write the name and furname of the Profecutor or in-
former, and the Town or County in which he shall refide, with his title or pro-
feffion, under fuch prefentment, for the more effectual profecution thereof. b
III. AN oath in the following words, shall be adminiftered to the foreman
of a Grand Jury:

YOU, as foreman of this inqueft, shall diligently enquire into, and true prefentment
make of all fuch matters and things as fhall be given you in charge, or otherwife
come to your knowledge, touching the prefent fervice; you fball prefent no perfon
through malice, batred. or ill-will; nor jball you leave any unprefented through
fear favor, or affection, or for any reward, hope or promise thereof, but in all your
prefentments, you all prejent the truth, the whole truth, and nothing but the truth,
according to the best of your skill and understanding. So help you GOD. c
The fo lowing Oath shall be adminiftered to the other Jurors:

THE fame ob that A. B your foreman, bath row taken before you on his part,
you and each of you. ball well and truly cbferve and keep on your respective parts.
So help you GOD.

IV. PROVIDED, That the Inhabitants of any Corporate Town, shall not be Grand Jurymen for the County in which fuch Corporate Town shall be.

V. EVERY fuch Grand Jury for a County or Corporation, shall and may prefent all offences made penal by the Laws of this Commonwealth, although the recovery of the fines for fuch offences shall be otherwife directed by the Laws inflicting the fame; and although the forfeiture or penalty thereby inflict- · ed, shall not amount to five dollars, or two hundred pounds of tobacco.

VI. IN a prefentment to the County or Corporation Court, if the penalty of the offence exceed not five dollars, or three hundred pounds of tobacco, or to the District Court, if the penalty exceed not twenty dollars, or one thousand pounds of tobacco, no information thereupon shall be filed, but a fummons shall be iffed against the Defendant to answer the prefentment, and fuch fummons having been ferved upon him, or a copy thereof having been left at the place of his ufual abode, where the profecution shall be in the County or Corporation Court, at least ten days before the return day, if he do not appear, judgment shall be entered against him for the penalty, and if he do appear, the Court shall in a summary way, without a Jury, hear and determine the matter of the prefentment, in the form in which it shall have been made, and give judgment thereupon according to Law, and the very right of the caufe, difregarding any exception that may or might be taken to the form of the prefentment. d

VII. EVERY Freeholder fummoned to appear on a Grand Jury as aforefaid, and failing to attend, not having a reafonable excufe, shall be fined by the Courts rofpectively, not exceeding eight dollars, unless good caufe be shewn to the contrary, at or before the next Court, to the ufe of the Commonwealth. e VIII. GRAND JURORS shall be privileged from arrefts in all cafes, except Treafon, Felony, and breaches of the Peace during their attendance at

(a) 22d George 2d, ch. 7, fec. 1. 1788, ch. 67, fec. 106. (b) 1790, ch. 64. 1785, ch. 8. (c) Oath of foreman altered by this act. (d) From 57 ch. of 1785. (e) Enacted from 22, Geo. 2, ch. 1, fec. 1, and 1788, ch. 67, sec. 108.