venue is or shall be laid in either of the counties of Montgomery or Washington, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Washington court-house and Fort Chiswell, alternately; if the venue is or shall be laid in either of the counties of Norfolk, Isle of Wight, Princess Anne, Nansemond, or Southampton, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Suffolk; if the venue is or shall be laid infeither of the counties of Prince George, Sussex, Dinwiddie, or Amelia, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Petersburg; if the venue is or shall be laid in either of the counties of Brunswick, Greensville, Lunenburg, or Mecklenburg, the issues. shall be tried and the inquiry of damages be made at the said court of assize to be held at Brunswick courthouse; if the venue is or shall be laid in either of the counties of Prince Edward, Buckingham, Charlotte, Halifax, or Cumberland, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Prince Edward court-house; if the venue is or shall be laid in either of the counties of Bedford, Botetourt, Campbell, Pittsylvania, or Henry, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Bedford court-house; if the venue is or shall be laid in either of the counties of Accomack or Northampton, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Accomack court-house. Venue, in To avoid improper trials by the management of the transitory ac tions, where plaintiff, or the attorney for the plaintiff, the venue in transitory actions shall be laid in the county where the defendant is arrested, or where an attachment to force his appearance is levied, but may be changed by direction of the court upon good cause shewn. Previous to the holding the courts of assize, the court of appeals shall allot and regulate among themselves the court or courts of assize, at each of which two of the judges of the said court of appeals shall attend; which two judges, or in case of failure in either through sickness or other cause to attend, the other of them shall have full power to try all issues, and inquire of damages by a jury upon all records to be transmitted to them by the clerk of the general court, and therein to determine all ques

laid.

What judges

to attend as sizes, and how allotted.

Juries.

Verdicts cera

Judgment,

tions about the legality of evidence, and other matters of law which may arise. For which trials, they shall cause the sheriff of the county wherein the assize court is to be held, who shall attend them throughout their whole session, to empannel and returu jurors of the bystanders, qualified as the law directs, to be sworn of juries. They shall certify under their hands and seals, upon or with each record transmitted, the verdict that tified to genshall be given therein, together with such demurrers, eral court. exceptions to evidence, or exceptions to the opinion of the court, as they shall be desired by either party to certify, according to the truth of the case; which verdicts and other certificates, the clerks of assize shall in convenient time before the succeeding general court return to the clerks office in the general court. On the return of the postea, or certificate as aforesaid, to the clerk's on postea, office of the general court, in all such cases where a when entergeneral verdict shall be given for either party, and there ed. be no exceptions certified as aforesaid, and where no reasons are filed to stay judgment within fourteen days after the return of the postea as aforesaid, the general court at their next succeeding term, shall enter up jadgment upon such verdicts, and an execution may issue thereupon. And in all such cases wherein a special verdict shall be given, exceptions certified, or reasons filed in arrest of judgment, the clerk of the general court shall put them on a docket for argument at the following general court. The judges of the general court shall, nevertheless, for good cause shewn, have Trials at bar. power to order any issue, or writ of inquiry of damages in a suit depending before them, to be tried at their own bar. The judges of the court of appeals shall, and they are hereby authorized and empowered, to appoint Clerks of as a clerk for each assize court, who shall continue in of size, how appointed, tenfice during good behaviour, and shall keep bis office ure of office and reside in the county where the assize court is to be and duty. held, attend the said courts of assize during their sittings, and make due entries and certificates of all matters and things as he shall be directed by the said courts of assize; he shall issue subpoenas for witnesses for either party upon the records sent him, and shall do all other things which the duty of his office may require; for which he shall be allowed such fees as by law shall he established, and none other. The said clerk shall Dockets, D 3

risdiction.

therein.

also prepare a docket of all the causes so transmitted by the clerk of the general court, setting them down in the same order as they stand in the course of the proDepositions. ceedings. All depositions taken in any suit so sent to be tried at any of the assizes, shall be transmitted together with the record. All writs of habeas corpus Habeas Cor- which shall be sued out during the session of assize, pus. shall be returnable before the assize court of the circuit in which the prisoner is detained. And the said courts of assize shall have full power to hear and determine Criminal ju- all treasons, felonies, murders, and other crimes and misdemeanors, which shall be brought before them; for which purpose, whenever any county court shall order Proceedings a prisoner for further trial, they, or any one of the justices who sat in such court on the examination of the prisoner, shall, by warrant from under his or their hands and seals, direct the sheriff or his deputies to remove the prisoner and commit him to the gaol of that assize court at which the issues in civil causes for the county from whence he is removed are herein directed to be tried; which warrant the sheriff is bereby directed to obey, and may be furnished with powers to impress men for the safe-guard of such prisoners in like manner as is practiced in the removal of criminals to the public gaol. And the clerk of the county from whence such prisoner is removed, shall immediately after the court held for his county, upon the examination of such prisoner, issue a writ of venire facias to the sheriff of the county, commanding him to summon twelve good and lawful men, being freeholders of the county, to come before the court of assize where the prisoner is to be tried at its next session, and return a pannel of their names; which freeholders, or so many of them as shall appear, not being challenged, together with so many other good and lawful men of the bystanders, being freeholders of the assize district,, as will make up the number twelve, shall be a lawful jury for the trial of such prisoner. If a prisoner shall desire any witnesses to be summoned for him or her to appear on the trial at the assizes, the clerk of assize shall issue subpoenas for such witnessess. The keeper of the respective assize goals, by order of any two justices of the same county, may impress guards for the safe keeping of all prisoners in their custody, to be paid by the public. The sheriff of each of the counties wherein an assize court

by this act is directed to be held, shall, before every meeting of the assize court in their respective counties, summon twenty four freeholders out of the counties assigned to the assize court for the district in which they respectively reside, qualified as the law directs for grand jurors, to appear at the succeeding court of assize; which twenty four men, or any sixteen of them, shall be a grand jury, and shall inquire of, and present all treasons, murders, felonies, or other misdemeanors whatsoever, which shall have been committed within the jurisdiction of such assize courts respectively. Upon any indictment for a capital offence being found by the grand jury to be true against any person or persons, the court of assize, before whom the indictment shall be found, shall cause such person or persons to be immediately arraigned, and tried by a petit jury summoned, as herein before is directed; and he, she, or they, being found guilty, to pass such judgment as the law directs, and thereupon award execution; and if the prisoner shall be found not guilty, to acquit him or her of the charge. Provided, That on all trials, the prisoner shall be allowed counsel upon petition; and when sentence of death shall be passed upon any prisoner, there shall be one calendar mouth at least between sentence and execution. Upon the trial of any prisoner for any offence punishable capitally, if a bill of exceptions or demurrer to evidence shall be offered on behalf of the prisoner, and a verdict shall afterwards be found against him, and the court of assize, before whom the trial is had, shall be divided in opinion, or entertain doubts about the propriety of such exceptions or demurrers, or where only one judge shall attend or be present, then he shall not finally determine such exception or demurrer, but in all such cases the sentence shall, by order of such judges or judge, be suspended until the same shall be determined by the general court, before whom such demurrer or bill of exceptions shall be laid on the first day of the next succeeding term; and if the judges of the general court shall be of opinion that no good cause is shewn to the contrary, execution of the sentence shall forthwith take place, in the same manner as if such demurrer or bill of exceptions had never been offered. The judges of the general court may, upon good cause shewn, order any prisoner committed to the goal of a circuit, to be removed by habeas corpus to be tried at

1

Present ments, proceedings on.

common. wealth.

their bar; and in that case a jury shall be summoned from the vicinage to try such offender, in like manner as is directed for the summoning of a petit jury to attend an assize court. Where the grand jury in any court of assize shall present a person for an offence not capital, the court shall and may order the clerk to issue a summons or other process commanding the person to appear at the next court of assize to answer such presentment, and thereupou shall hear and determine the same as is now done upon such like occasions in the general court. And if the grand jury shall present any person for a criminal offence, who has not before been committed or examined by a county court for the saine, the court of assize shall order the clerk to issue a capias against such person, directed to all sheriffs and constables within this state, commanding them to take such person wherever found, and carry him before a magistrate of the county wherein he shall be apprehended, who shall proceed therein in the manner directed by Attornies for law for examination of criminals. The attorney general for the commonwealth, or some other to be appoint ed by the general court, and commissioned by the gov ernor, to continue in office during good behaviour, shall attend each of the said assize courts on behalf of the commonwealth. The goaler for the county in which an assize court is hereby directed to be held, shall constantly attend the said court of assize, and execute the commands of the said court from time to time with regard to the duties of his office. Every person summonWitnesses & ed as a witness or juryman, and failing to appear, may jurors failing be fined by the assize court to which he was summoned in the same manner as a witness or juryman might be fined by the general court for such offences. And for the greater ease and convenience of suitors, the clerk of the general court shall from time to time, fure nish each clerk of assize with a sufficient number of blank writs, which may by the respective clerks of as-i size be filled up and issued, as they shall be required, but which shall be made returnable to the clerk's office of the general court on the respective return days established by law. And each clerk of assize to prevent mistakes and errors, shall transmit a list of all writs by bim issued; on or before the last return day in each session of the general court, to the end that the same may be dock sted and proceeded on, All and every act or acts of

to attend.