Chap. 81.—An ACT to amend sections 3146 and 3147 of the Code of Virginia, a
amended and re-enacted by act approved December 10, 1903, which is chapte
384 of acts of the extra session of 1902-’03-’04, relating to juries.

Approved March 8, 1904.

1. Be it enacted by the general assembly of Virginia, That section
thirty-one hundred and forty-six and thirty-one hundred and forty
seven of the Code of Virginia, as amended and re-enacted by an act ap
proved December tenth, nineteen hundred and three, which is chapter
three hundred and eighty-four of the acts of the extra session of nineteen
hundred and two, ninefeen hundred and three, and nineteen hundred
ane four, relating to juries, be amended and re-enacted so as to read as
ollows: |

§ 3146. When and how ballots drawn, and what number; when venire
facias issued and persons drawn summoned ; return by officer; when bal-
lot drawn to be returned to box or destroyed and another juror drawn.—
The clerk of any such court shall, at least ten days before any term of a
court at which a jury may be necessary, to be designated by the judge
thereof, proceed to draw the jury by lot, from the ballots deposited in
said box, in the following manner, in the presence of the judge of such
court, if present; if not, then in the presence of the Commonwealth’s
attorney or a commissioner in chancery of the circuit court of the county
or corporation or other court of the corporation, who shall be present,
the said commissioner in chancery to be designated by the judge of such
court by an order entered of record: provided, that in corporations where
there is no circuit court, the judge of the corporation court shall desig-
nate said commissioner in chancery as above provided, except that in the
city of Richmond the judge of each court established therein shall desig-
nate some commissioner in chancery, who shall perform the duties herein
prescribed for his court, and the judge of the law and chancery court for
the city of Norfolk shall designate such commissioner for his court. In
the event of the absence, for good cause, of the Commonwealth’s attor-
ney, or the said commissioner in chancery, or both of them, the clerk
shall call upon one or two citizens, as the case may be, to witness the
drawing of the ballots from the Jury box. The clerk of each court shall
give reasonable notice, in writing, to the Commonwealth’s attorney and
said commissioner in chancery of the time and place of drawing the jury,
and shall openly draw from said jury box in the clerk’s office. After
shaking and mixing together the ballots in said box, nine ballots (with-
out inspecting the names written on any until the proper number is
drawn) shall be drawn and listed by the clerk, and he shall forthwith
issue and deliver a writ of venire facias to the proper officer of the county
or corporation requiring him to summon. the persons thus drawn, whose
names shall be stated in the writ, together with the day of the term and
the court at which their attendance is required; and it shall be the duty
of the officer, at least three-days before the time of such attendance, to
summon each person who is drawn to attend the court at the time and
place mentioned in the writ, and to make due return thereof at the open-
ing of such court. If any person whose name is so drawn is unable, by
reason. of sickness, absence from home, or other cause, to attend as a
juror, his name shall be returned to the box, or if he is exempt by law o1
his name has been stricken from the jury list, the ballot shall be de-
stroyed, and another juror shall be drawn in his stead. ;

§ 3147. When and how court or judge may order greater number of!
jurors; duty of clerk in such case; issue of venire facias.—Whenever, in
the opinion of any such court, or the judge thereof in vacation, a greate1
number of jurors than nine is necessary for the dispatch of the busines:
of such court, such opinion shall be entered of record, together with the
number of jurors deemed necessary, and upon such order it shall be the
duty of the clerk of said court to notify the Commonwealth’s attorney
and the said commissioner in chancery, as provided by law, and draw
from the jury box of his court the number of names designated by the
court or judge, as the case may be, and the clerk of said court shall issue
a venire facias accordingly.

2. By reason of the new court system being now in operation an emer-
gency exists, therefore this act shall be in force thirty days after its
passage. :