Chap. 175.—An ACT to amend and re-enact section 5992 of the Code of Vi--
ginia, in relation to providing juries for the trial of civil and misdemeanor
cases. [H B 103]

Approved March 13, 1936

1. Be it enacted by the General Assembly of Virginia, That sec-
tion fifty-nine hundred and ninety-two of the Code of Virginia be
amended and re-enacted so as to read as follows:

Section 5992. The clerk of each circuit, corporation, and city
court shall, at least ten days before any term of such court at which
a jury may be necessary, to be designated by the judge of such court,
proceed to draw the jury by lot from the ballots deposited in the said
box in the following manner, in the presence of the judge of such
court, if present; if not, then in the presence of a commissioner in
chancery of his own court, if there be one, and if none, of some other
court of his city, which commissioner shall have been previously
designated by the court in which the jury is to sit, upon an order en-
tered of record; provided, however, no such commissioner shall be
eligible to witness the drawing of a jury to be used in the trial of any
case in which he shall be interested as attorney or otherwise. In the
event of the absence, for good cause, of a commissioner in chancery
duly qualified to serve, 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 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 (without 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 city requiring him to summon
the persons thus drawn, whose names shall be stated in the writ, to-
gether with the day of the term and the court at which their attend-
ance 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 opening of such court.
If any person whose name is so drawn is known to be 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 or
his name has been stricken from the jury list, the ballot shall be de-
stroyed, and another juror shall be drawn in his stead.

In the event it shall become necessary to have a jury for the trial
of civil cases at any term of a court for which no such jury has
been drawn and summoned as above provided for, and there be not
then present any other regularly summoned jurors from whom such
a jury may be selected, the court may, by an order entered of record,
require a jury to be drawn and summoned in the manner above directed.
Such order shall specify the number of jurors to be drawn and sum-
moned, and the day upon which they are required to attend, and shall
direct a writ of venire facias for said jurors to be issued and executed
in the manner hereinabove specified; provided, however the court
may, in its discretion, direct more than nine such jurors to be drawn
and summoned, and shall require said venire facias to be executed
forthwith. The jurors so provided shall constitute a jury for the
trial of civil and misdemeanor cases at such term with like force and
effect as if they had been drawn and summoned as first herein directed,