Chap. 271.—An ACT to amend and re-enact sections 5, 8, 9, 10, and
11 of chapter 154 of the Code of 18738, in relation- to the Criminal
Jurisdiction of County Courts.

Approved March 29, 1875.

1. Be it enacted by the general assembly of Virginia, That
sections five, eight, nine, ten, and eleven of chapter one hun-
dred and fifty-four of the Code of cighteen hundred and sev-
raty three, be amended and re-enacted so as to read as fol-
OWS:

§ 5. The county court shall bave exclusive original jaris-
Qction, for the trial of all presentments, informations, and
indictments for offences committed within their respective
counties, and also of all informations, presentments, and in-
dictments now pending in said courts; except that a person
to be tried for arson, or any felony for which he may be pap-
ished with death, may, upon his arraignment in the county
court, demand to be tried in the cireuit court having juris-
diction over the county for which said county court is held.
But no such demand shall be allowed in a corporation court,
in which capital felonies may now be tried. Upon such de
mand, the accused shall be remanded for.trial in the said cir-
cuit court, and all the material witnesses desired, for the
prosecution or defence, shall be recognized for their attend-
ance at such trial. When a person is remanded, as afore-
said, by a county court, the clerk thereof shall certify and
transmit to the clerk of the court in which he is to be tried.
a record of the proceedings in the said county court, in re-
lation to the prosecution, and copies of the indictment, or
other accusation, and of all recognizances and other papers
connected with the case; such copies shall be used with the
same effect as the originals. The clerk of the court in which
the trial is to be had shall, as soon as may be, issue a venire
facias, directed to the officer of said court, requiring bim to
summon jurors for such trial.
§ 8. When an indictment is found, or other accusation
filed against a person for felony, in a court wherein he may
be tried, the accused, if in custody, or, if he appear accord-
ing to his recognizance, shall, unless good cause be shown
for a continuance, be arraigned and tried.at the same term.
When an indictment is found against a person for a felony,
in the circuit court, if it be for a felony for which the accused
has the right of election, under the fifth section of this act,
and if he be in custody, or, if he appear according to his
recognizance, he shall be arraigned i in said circuit court, and,
upon his arraignment, shall have the right of election, as pro-
vided in the fifth section of this act. And if the indictment
be for a felony for which the accused has no such right of
election, he shall be remanded for trial in the county court,
and all material witnessess desired for the prosecution or
defence, shall be recognized for their appearance at such
trial. If the accused is not in custody, or fails to appear ac-
cording to his recognizance, the judge of the court shall issue
a warrant to any sheriff sergeant, or constable, commanding
him to arrest such party, and carry him before a justice of
the county in which he ought to be tried, and summon the
witnessess for the prosecution to appear and testify before
the justice. The justice before whom such warrant is re-
turned shall proceed in the case as if the warrant had been
issued by himself.

§ 9. When the justice considers that there is sufficient cause
for charging the accused with the offence, he shall commit
him for trial, or bail him, if it be a case in which the party
is entitled to bail. The commitment for trial, or recogni-
zance for appearance, shall be to the next term of the court
for such county in which the trial may be had, and the jus-
tice shall return to the clerk of the court from which the
warrant issued a certificate, showing whether the accused
was committed, or recognized for trial, or wes discharged.

§ 10. When a person is remanded by a circuit court, or is
sent on for trial by a justice, the clerk of the circuit court
shall transmit to the clerk of the court in which he is to be
tried, the indictment, and all recognizances and other papers
connected with the case, and arccord of the proceedings had
therein in the circuit court. Such papers and record shall
be used with the same effect in the county court as they
might be in the circuit court, if the circuit court had juris-
diction to try- the offence. The clerk of the county court
shall, a3 soon as may be, issue a venire facias directed to the
pr oper officer of the court, requiring him to summon jurors
for such trial.

§ 11. If the accused has not been arraigned in the circuit
court, if in custody, or if he appear in the county court, ac-
cording to his recognizance, he shall, unless good cause be
shown for a continuance, be arraigned and ‘tried at the first
term of the court to which he is remanded, or sent on for trial.

2. All acts or parts of acts in conflict. with this act are
hereby repealed.