Chap. 384.—An ACT to amend and re-enact section 3139 as amended by an act
of the general assembly, entitled “an act to amend and re-enact séction 3139
of the Code of 1887, in reference tu who liable to serve as jurors,” approved
July 28, 1902, and by an act approved May 5, 1903; section 3140, as amended
by an act. entitled “an act to amend and re-enact section 3140 of the Code of
Virginia, in relation to exemption from jury duty,” approved March 4, 1892,
and by an act approved February 20, 1894; section 3142, as amended by an act
entitled “an act to amend and re-enact section 3142 of the Code of Virginia,
in relation to judges of county and corporation courts to prepare annual lists
of jurors,” approved March 6, 1900; section 3143, section 3144, as amended by
an act entitled “an act to amend and re-enact section 3144 of the Code of Vir-
ginia, in relation to names of jurors to be written on separate ballots, ballots
to be filed and deposited in a secure box,” approved March 7, 1900; section
3145, section 3146, as amended by an act entitled “an act to amend and re-enact
sections 3146 and 3147 of the Code of Virginia, in relation to jurors,” approved
March 4, 1890, and by an act approved March 7, 1900; section 3147, as amended
by an act entitled “an act to amend and re-enact sections 3146 and 3147 of the
Code of Virginia, in relation to jurors,” approved March 4, 1890, and by an act
approved March 7, 1900, sections 3166 and section 3167 of the Code of Virginia.

Approved December 10, 1903.

1. Be it enacted by the general assembly of Virginia, That section
thirty-one hundred and thirty-nine, as amended by an act of the general
assembly, entitled “an act to amend and re-enact section thirty-one hun-
dred and thirty-nine of the Code of eighteen hundred and eighty-seven,
in reference to who liable to serve as jurors,” approved July twenty-
eighth, nineteen hundred and two, and by an act approved May fifth,
nineteen hundred and three; section thirty-one hundred and forty, as
amended by an act entitled “‘an act to amend and re-enact section thirty-
one hundred and forty of the Code of Virginia, in relation to exemp-
tion from jury duty,” approved March fourth, eighteen hundred and
ninety-two, and by an act approved February twenticth, eighteen hun-
dred and ninety-four; section thirty-one hundred and forty-two, as
amended by an act entitled “an act to amend and re-enact section thirty-
one hundred and forty-two of the Code of Virginia, in relation to judges
of county and corporation courts to prepare annual lists of jurors,” ap-
proved March sixth, ninetcen hundred; section thirty-one hundred and
forty-three, section thirty-one hundred and forty-four, as amended by an
act entitled “an act to amend and re-enact section thirty-one hundred and
forty-four of the Code of Virginia, in relation to names of jurors to be
written on separate ballots, ballots to be filed and deposited in a secure
box,” approved March seventh, nineteen hundred ; section thirty-one hun-
dred and forty-five, section thirty-one hundred and forty-six, as amended
by an act entitled “an act to amend and re-enact sections thirty-one hun-
dred and forty-six and thirty-one hundred and forty-seven of the Code
of Virginia, in relation to jurors,” approved March fourth, eighteen hun-
dred and ninety, and by an act approved March seventh, nineteen hun-
dred; section thirty-one hundred and forty-seven, as amended by an act
entitled “an act to amend and re-enact sections thirty-one hundred and
forty-six and thirty-one hundred and forty-seven of the Code of Virginia,
in relation to jurors,” approved March fourth, eighteen hundred and
ninety, and by an act approved March seventh, nineteen hundred; sec-
tions thirty-one hundred and sixty-six and thirty-one hundred and sixty-

76
seven of the Code of Virginia, be amended and re-enacted so as to read a:
follows :

§ 3139. Who liable to serve as jurors.—All male citizens over twenty-
one years of age who shall have been residents of this State two years,
and of the county, city, or town in which they reside one year next pre-
ceding their being summoned to serve as such, and competent in other r-
spects, except as hereinafter provided, shall remain and be liable to serve
as jurors: provided, that no officer, soldier, seaman, or marine of the
United States army or navy shall be considered a resident of this State
by reason of being stationed herein, nor shall an inmate of any charitable
institution be qualified to serve as juror: provided, also, that the fol-
lowing persons shall be disqualified from serving as jurors:

First, Idiots and lunatics ;

Second, Persons convicted of bribery, perjury, embezzlement of pub-
lie funds, treason, felony, or petit laceny:

Provided, also, that no male citizen over sixty years of age shall be com-
pelled to serve as a juror.

§ 3140. Who are exempt.—The governor and licutenant-governor of the
State; practicing attorneys; licensed practicing physicians; registered
pharmacists, where at any pharmacy only one such pharmacist is employed:
officers of any court; telegraph operators actually employed as such: all
pilots licensed under the laws of the United States or of this State; active
members of the fire department of a city or town, and the active officers and
active members of any fire company therein, not exceeding one hundre!
members in any one company; the Vice-President of the United States:
the members of both houses of congre-s and their respective officers, but
only while such houses of congress are actually in scssion; all custom-
house officers, with their clerks; all postmasters, postoflicers, post-rider.
and stage-drivers, and all other persons employed in the care and convey-
ance of the mails of the United States; all mariners actually employed in
the service of any citizen or merchant within the United States; the sec-
retary of the Commonwealth; the attorney-gencral; the treasurer; the
two auditors; register of the land office; members, officers, and clerks of
the State corporation commission, the commissioner of agriculture and
superintendent of public instruction, and their respective clerks; the
doorkeeper of the executive; the clerks of both houses of the general as-
sembly ; the judge of any court; all professors, tutors, and pupils of pub-
lic seminaries, while such public seminarics are actually in session; all
ministers of the gospel licensed to preach according to the rules of their
sect; keepers of the county and corporation jails; superintendents and
servants of the public hospitals and lunatic asylums; superintendent of
the penitentiary, his assistants, and the persons composing the guard;
one cashier and two tellers of the several hanks established by law; the
police in cities and towns; the tipstaff and crier of the court of appeals
during its sitting; all millers actually cmploved in the mechanical opera-
tion of any grist mill; all ferrymen necessarily and personally emploved
in or at anv ferrv established hy law: the six lock-keepers of the Dismal
Swamp Canal Company; and the active non-commissioned officers and
the active members of the Virginia voluntecrs, together with the con-
tributing members of said volunteer companies, who have contributed not
less than twenty-five dollars per annum, shall be exempt from serving on
juries in civil and criminal cases; and the citizens of Tangier, Syxas, and
Chincoteague islands, in the county of Accomac, and Hogg’s and Cobb’s
islands, in the county of Northampton, shall be exempt froin jury service,
except service on grand juries. But to entitle the active officers and
active members of the Virginia volunteers, as well as such contributing
members of said volunteer companies, or the active officers and members
of a fire department, not excceding one hundred members for any one
company, to this exemption, the captain or chief officer of any company
of the Virginia volunteers, or of such department, shall annually, on the
first day of May, furnish to the clerk of the circuit court of the county or
corporation court of the corporation wherein such company or department
is, a list containing the name of cach active officer and active member of
his company of Virginia volunteers, or the name of each active officer
and active member of his department, and, where there are contributing
members to his company, the name of each contributing member who has
for the preceding year contributed not less than twenty-five dollars shall
be likewise furnished.

§ 3142. Judges of circuit and corporation courts to prepare annual
lists of jurors.—The judge of the circuit court of each county and the
judge of the circuit court of cach city of the first class, and the judge of
each city court shall annually, between the first day of January and the
first day of July, prepare a list of such inhabitants in each county or
corporation where their respective courts are to be held, as are not ex-
cluded or exempt by section thirty-one hundred and forty, as are well
qualified to serve as Jurors. Such list shall contain one for every one hun-
dred inhabitants of cach magisterial district or ward, having regard to the
population of the county or corporation, but the whole number of persons
selected in the county or corporation shall not be less than one hundred
nor more than three hundred, except in the courts for the cities of Rich-
mond and Norfolk the number shall not exceed six hundred.

$ 3143. Lists to be delivered to clerks, and by them safely kept.—The
list so prepared shall be delivered to the clerk of the court, to be safely
kept by him, subject only to the inspection of the judge, as hereinafter
provided ; and to such list the judge may, from time to time, add the
names of any persons liable to serve, and strike therefrom the names of
any who have become disqualified or excmpt from such service: provided,
that the number on the list shall not at any time exceed three hundred,
except in the cities of Richmond and Norfolk, and in said cities shall not
exceed six hundred.

$ 3144. Names of jurors to be written on separate ballots; ballots to
be folded and deposited with list in a box.—When such list is made out,
the judge shall cause all the names thereon to be fairly written, each on a
separate paper or ballot, and shall so fold or roll up the ballots that they
will resemble each other as nearly as may be, and the names written
thereon not be visible on the outside, and shall deposit the ballots with the
said list in a secure box prepared for that purpose, and the said box shall
be locked and safely kept by the clerk of such court and opened only by
order of the judge thereof, as hereinafter provided.

§ 3145. Jurors to be selected by drawing ballots from box.—All jurors
requircd for the trial of civil cases in any circuit or city court shal.
selected by drawing ballots from the said box in the manner prescr:
in this chapter: aud the persons whose names are written on the ba!
so drawn shall be returned to serve as jurors; the said jurors for
county to be paid out of the county levy, and those for the corporatict
be paid by the council out of the revenues of the city. ‘The sheriff of
county in which is situated a city of the second class may summon
inhabitants of the said county in any part of the said city to serv
jurors for the said county.

$3146. When and how ballots drawn, and what number: when ver
facias issued and persons drawn summoned ; return by officer; when i
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 «
court at which a jury may be necessary, to be designated by the ju
thereof, proceed to draw the jury by lot, from the ballots deposited
said box, in the following manner, in the presence of the judge of sv
court, if present; if not, then in the presence of the Commonwealt
attorney or a commissioner in chancery of the circuit court of the cou
or corporation or other court of the corporation, who shall be present, 1
said commissioner in chancery to be designated by the judge of si
court by an order entered of record: provided, that in corporations wh:
there is no circuit court, the judge of the corporation court shall des
nate said commissioner in chancery as above provided, except that in 1
city of Richmond the judge of each court established therein shall des
nate some commissioner in chancery, who shall perform the duties her
prescribed for his court, and the judge of the law and chancery court
the city of Norfolk shall designate such commissioner for his court.
the event of the absence, for good cause, of the Commonwealth’s att
ney, or the said commissioner in chancery, or both of them, the clerk sh
call upon one or two citizens, as the ease may be, to witness the draw:
of the ballots from the jury box. The clerk of each court shall give r
sonable notice, in writing, to the Commonwealth’s attorney and s:
commissioner in chancery of the time and place of drawing the jury, a
shall openly draw from said jury box in the clerk’s office. After shak:
and mixing together the ballots in said box, seven ballots (without
specting the names written on any until the proper number is draw
shall be drawn and listed by the clerk, and he shall forthwith issue a
deliver a writ of venire facias to the proper officer of the county or c
poration requiring him to summon the persons thus drawn, whose nan
shall be stated in the writ, together with the day of the term and -
court at which their attendance is required ; and it shall be the duty of ;
oflicer, at least three days before the time of such atiendance, to summ
each person who is drawn to attend the court at the time and place ny
tioned in the writ, and to make due return thereof at the opening of sz
court. Lf any person whose name is so drawn is unable, by reason of si
ness. absence from home, or other cause, to attend as a juror, his na
shall be returned to the box, or if he is exempt by law or his name |
been stricken from the jury list, the ballot shall be destroyed, and anot!
juror shall be drawn in his stead.

§ 3147. When and how court or judge may order greater number
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 greater
number of jurors than seven is necessary for the dispatch of the busincss
»f 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
iluty 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 he, and the clerk of said court shall issue
a venire facias accordingly.

$3166. Waiver of trial by jury; number of jurors for trial of civil
cases.—In any case, unless one of the parties demand that the case be
tried by a jury, the whole matter of law and of fact may be heard and
determined, and judgment given by the court. In civil cases the jury
shall consist of five persons in cases now cognizable by justices of the
peace, and of seven in cases not so cognizable. And in any case in which
the consint of the plaintiff and defendant shall be entered of record it
shall he lawful for the plaintiff to select one person, who is cligible as a
juror, and for the defendant to select another, and for the two so selected
to select a third of like qualifications, and the three so selected shall con-
sutute a jury in the case. They shall take the oath required of jurors,
and hear and determine the issue, and any two concurring shall render a
verdict in like manner and with like effect as a jury of seven: provided,
this section shall not be so construed as to effect in any way the em-
panelling of special juries as provided in section thirty-one hundred and
fifty-eight.

$3167. Views by jurics.—The jury may, in any case, civil or criminal,
at the request of either party, he taken to view the premises or place in
question, or any property, matter or thing, relating to the controversy
between the partics, when it shall appear to the court that such view is
necessary toa just decision: provided, that in a civil case the party making
the motion shall advance a sum sufficient to defray the expenses of the
jury. and the officers who attend them in taking the view, which expenses
shall be afterwards taxed like other legal costs.

2. This act shall be in force on and after the first day of February,
nineteen hundred and four.