Chap. 392.—An ACT to amend and re-enact section 4047 of the code of Virginia,
relating to the time within which an indictment for a felony must be tried or
accused be forever discharged.

Approved February 2, 1804.

1. Be it enacted by the general assembly of Virginia, That sec-
tion four thousand and forty-seven of the code of Virginia be,
and the same is hereby, amended and re-enacted so as to read as
follows:

§ 4047. Within what time an indictment for felony must be tried
or accused be forever discharged.—Every person against whom an
indictment 1s found charging a felony, and held in any court for
trial, shall be forever discharged from prosecution for the offence if
there be three regular terms of the circuit or four of the county, cor-
poration or hustings courts, in which the case is pending, after he is
so held without a trial, unless the failure to try him was caused by
his insanity or by the witnesses for the commonwealth being enticed
or kept away, or prevented from attending by sickness or inevitable
accident, or by continuance granted on the motion of the accused,
or by reason of his escaping from jail or failing to appear according
to his recognizance, or of the inability of the jury to agree in their
verdict, or where there be no court held at the regular term, or where
there is court held, and for any reason it would be injudicious, in
the opinion of the court, to have jurors and witnesses summoned to
that term, which reason. shall] be specially spread upon the records
of the court; but the time during the pendancy of any appeal in
any appellate court shall not be included as applying to the provi-
sions of this act.

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