Chap. 397.—An ACT to Amend and Re-enact Chapter 206 of the Code of
Virginia (edition of 1860), as to Grand Juries.

Approved November 5, 1870.

1. Be it enacted by the general assembly, That chapter two
hundred and six of the Code of Virginia (edition of eighteen
hundred and sixty), as amended and re-enacted by the act to
revise and amend the crjmiual procedure, passed April twenty-
seventh, eighteen hundred and sixty-seven, be amended and
re-enacted so as to read as follows:
“CHAPTER CCVI.
“Of grand juries.

*§ 1. There shall be a grand jury at four of the terms, in
each year, of the county and corporation courts, to be desig-
nated by the judge of such courts. And it shall be lawful for
the said courts, at any term thereof, or the judges of said
courts in vacation before such term, whenever they shall deem
it proper to do so, to order a grand jury to be summoned to
consider any offences against the laws.

Ҥ 2. It shall be the duty of the judge of the county or cor-
poration court of each county and city of the state, in the
month of January in each year, or as soon thereafter as practica-
ble, to select from the qualified voters of each township of such
county, or ward of such city, not less than twenty nor more’
than one hundred persons, of honesty, intelligence, and good
demeanor, and suitable in all respects to act as grand jurors,
and to furnish the clerk of such court with a list of the persons
so selected, made off by townships or wards, as the case may
be. It shall be the duty of the clerk of such court thereupon
to write the names of each of such persons on separate slips of
paper, placing the names of the residents of each township or
ward together, and from these, in the presence of the attorney
for the commonwealth, to select, by lot, as many persons as
may be necessary for the formation of the grand juries of such
county orcity. And in drawing such persons to serve as grand
jurors, an equal number, as near as may be, and having refer-
ence to the populations of the several townships or. wards,
shall be drawn from the lists from each township or ward.

Ҥ 3. It shall be the duty of the clerk of such court, at least
twenty days before each one of the four terms thereof designated
under the first section for the empanneling of a grand jury,
and in other cases, forthwith, whenever so ordered by the judge
of his court, to place in the hands of the officer of such
court, lists of the grand jurors selected by lot as provided in
the previous section, made off by townships according to the
place of residence of the several grand jurors, and embracing
a sufficient number of such persons to form such grand jury.
And it shall thereupon be the duty of such officer to summon
the persons mentioned in such lists, to attend on the first or
such other day of said term as the judge may direct, to act as
grand jurors.

“ 4. For four of the grand juries in each year, to be desig-
nated by such courts, there shall be summoned twenty-four
citizens of this state, of the county or corporation in which the
court is to be held, and in other respects qualified jurors, and
not constables, ordinary keepers, overseers of roads, nor own-
ers nor occupiers of water grist mills; and when they are grand
jurors for a county court, not inhabitants of a town having a
corporation court.
“The court in which a grand jary is to be empanneled for
the four terms, as hereinbefore provided, may, by direction to
its clerk, limit the number of persons to serve thereon to not
less than sixteen.

“For grand juries, ordered for any other term of such courts,
there shall be summoned ten citizens of the state, with like
qualifications, and subject to the exceptions hereinbefore stated ;
and the court may, by direction to its clerk, limit the number
of persons to serve thereon to not less than six.

Ҥ 5. Any sixteen or more of such persons summoned to the
four regular terms, and any six or more of such persons sum-
moned to any other term, shall be a competent grand jury. If
a sufficient number do not attend, the said officer shall, from
lists to be furnished him by the clerk of such court, and com-
piled as hereinbefore provided, forthwith summon so many
others as may be necessary.

Ҥ6. From among the persons so summoned, who attend,
the court shall select a foreman, who shall be sworn aa follows:
You shall diligently inquire and true presentments make of all
such matters as may be given you in charge or come to your
knowledge touching the present service. You shall present
no person through prejudice or ill-will, nor leave any unpre-
sented through fear or favor; but in all your presentments,
you shall present the truth, the whole truth, and nothing but
the truth. So help you God. The other grand jurors shall
afterwards be sworn as follows: The same oath that your fore-
man has taken on his part, you and each of you shall observe
and keep on your part. So help you God.

Ҥ 7. The grand jury, after being sworn, shall be charged
by the judge of the court, and shall then be sent to their room.

Ҥ 8. The grand jury shall inquire of and present all felo-
pies, misdemeauors, and violations of penal laws, committed
within the jurisdiction of the respective courts wherein they
are sworn, except that no presentment shall be made of a mat-
ter for which there is no corporal punishment, but only a fine,
where the fine is limited to an amount not exceeding five dol-
lars.

Ҥ 9. At least twelve of the grand jury, at the four regular
terms, and at least five of the grand jury at any other term,
must concur in finding or making an indictment or present-
ment. They may make a presentment upon the information
of two or more of their own body; and when a presentment
is so made, or on the testimony of witnesses called on by the
grand jury, or sent to it by the court, the names of the grand
jurors giving the information, or of the witnesses, shall be
written at the foot of the presentment.

Ҥ 10. Although a bill of indictment be returned not a true
bill, another bill of indictment against the same person for the
same offence may be sent to and acted on by the same or an-
other grand jury.

“$11. If the foreman or any grand juror be unable or fail
to attend, after being sworn, another may be sworn in his
stead; and when one grand jury has been discharged, another
may, by order of the court, be summoned to attend at the
same term.

Ҥ 12. A court, whose officer shall fail, when it is his duty to
summon a grand jury, and return a list of their names, shall
fine him twenty dollars.

‘A person snmmoned, and failing to attend a court asa
grand juror, shall be fined by said court not Jess than five dol-
lars, unless, after being summoned to show cause against the
fine, he give a reasonable excuse for his failure.

Ҥ 13. This act shall be in force from and after the first day
of December, Auno Domini one thousand eight hundred and
seventy.”