Chap. 167.—An ACT to amend and re-enact sections four, five and
nine of chapter two hundred and two of the Code of Virginia, edition
of eighteen hundred and seventy-three, as amended by an act ap-
proved January fifteenth, eighteen hundred and seventy-five, in re-
gard to juries in criminal cases.

Approved March 27, 1876.

1. Be it enacted by the general assembly of Virginia, That
sections four and nine of chapter two hundred and two of
the Code of Virginia, and section five of chapter two hun-
dred and two of the Code of Virginia, as amended by an act
approved January the fifteenth, eighteen hundred and seven-
ty-five, be amended and re-enacted so as to read as follows:

§4. The clerk of the court wherein the trial of persons
accused of felony is to be had, shall, as soon as may be, issue
a venire facias, directed to the proper officer of the court, re-
quiring him to summon jurors therefor.
§5. The writ shall command the officer charged with its
exccution, to summon thirty-six persons of his county or cor-
poration, to be drawn from the lists provided for in section
three of chapter one hundred and fifty-eight of the Code of
Virginia (edition of eighteen hundred and seventy-three), to
attend the court wherein any such trial is to be had, on the
first day of the next term of said court, or at such other
time as the court may direct; and from such list of jurors so
summoned and in attendance, a jury shall be empanneled for
the trial of any and every case ready for trial at that term
of the court: provided, that if there be only one felony case
on the docket at the time of issuing the writ, the writ shall
command the officer to summon only twenty-four persons:
and provided furtber, that the judge of any court may, if he
deem it expedient, direct the clerk of his court to issue a
separate venire facias for jurors as hereinbefore provided for,
each week during which the term of his court will, in his
Opinion, continue; and he may discharge any panel when-
ever, in his opinion, they have served a reasonable time. If
@ person summoned under a writ for the trial of any crimi-
nal case, fail to attend as required, without sufficient cause,
he shall be fined by the court not less than five dollars nor
more than twenty dollars.

§9. When any jurors summoned under a writ of venire
facias fail to attend, or are challenged for cause, the court
shall cause other jurors of like qualifications to be summoned
in the county or corporation, from a list to be furnished by
the judge presiding at the time; but if the whole array be
challenged, the court shall cause to be summoned thirty-six
other jurors of like qualifications, to be drawn from the list
mentioned in the fifth section of this chapter, until a panel
of sixteen jurors, free from exception, be completed. The
accused shall have a peremptory challenge as to four of the
panel, and the remaining twelve shall constitute the jury for
the trial of the case; but should the accused fail to strike
from the panel any, or less than four of the names thereon,
then the jury for the trial shall be composed of twelve of
those not so stricken off, to be selected by lot.

2. This act shall be in force from its passage.