Chap. 553.—An ACT to amend and re-enact section 4016 of the Code of Virginia,
as amended and re-enacted by an act approved February 12, 1894; section 4018
of the Code of Virginia, as amended by an act approved March 5, 1900; sec-
tions 4023, 4036, and 4039 of the Code of Virginia; section 4047 of the Code of
Virginia, as amended by an act approved February 24, 1894, and section 4048
of the Code of Virginia, as amended by an act approved January 18, 1888.

Approved January 2, 1904.

1. Be it enacted by the general-assembly of Virginia, That section
four thousand and sixteen of the Code of Virginia, as amended and re-
enacted by an act approved February twelfth, eighteen hundred and
ninety-four, and section four thousand and eighteen of the Code of Vir-
ginia, as amended and re-enacted by an act approved March fifth, nine-
teen hundred; sections four thousand and twenty-three, four thousand
and thirty-six, and four thousand and thirty-nine of the Code of Vir-
ginia, and section four thousand and forty-seven of the Uode of Vir-
ginia, as amended by an act approved February twenty-fourth, eighteen
hundred and ninety-four, and section four thousand and forty-eight of
the Code of Virginia, as amended by an act approved January eigh-
teenth, eighteen hundred and eighty-eight, be amended and re-enacted so
as to read as follows:

§ 4016. Criminal offenses committed in counties to be tried in circuit
courts; when and by whom venire facias issued in case of felony.—The
circuit courts, except where otherwise provided, shall have exclusive
original jurisdiction for the trial of all presentments, indictments, and
informations for offenses committed within the counties of their re-
spective circuits, and also of all presentments, indictments, and informa-
tions pending in the county courts on the first day of February, nineteen
hundred and four.

The clerk of the court in which the trial of a case of felony is to be
had shall, as soon as may be, issue a venire facias, directed to the officer
of said court, requiring him to summon jurors for such trial, from a list

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to be furnished him as provided in section four thousand and cighten.
When an indictment is found against. a person for felony, the accused. i?
in custody, or if he appear according to his recognizance, shall, unle-
good cause be shown for a continuance, be arraigned and tried at the same
term.

$4018. Venire facias in case of felony; what to command ; number «/
persons to be summoned, and how to be selected.—The writ of venir
facias, in case of felony, shall command the officer to whom it is directy .
to summon sixteen persons of his county or corporation, to be taker
from a list to be furnished him by the circuit court of the county or cor-
poration court of the corporation, or the judge thereof, residing remot:
from the place where the offense is charged to have been committed, an:
qualified in other respects to serve as jurors to attend the court where:n
the accused is to be tried on the first day of the next term thereof, or at
such other time as the court or judge may direct.

At one term of the court only one jury shall be summoned, unless the
court or judge otherwise direct; and the jury so summoned may be used
for the trial of all the cases.

§ 4023. How panel selected and jury constituted; how trial had upon
plea of guilty without a jury.—In every case of a felony there shall Le
selected, from the persons summoned as aforesaid, a panel of sixten
persons free from exception, from which panel the accused may strike
four, and the remaining twelve shall constitute the jury for the trial of
the accused; or if the accused does not strike off any, or strikes off les:
than four, twelve of the pancl or of those remaining thereon shal] be
selected by lot, who shall constitule the jury: provided, however, that
upon a plea of guilty, tendered in person by the accused, and with the
consent of the attorney for the Commonwealth, entered of record, the
court shall hear and determine the case without the intervention of a
jury. In sych cases the court shall have and exercise all the power.
privileges, and duties given to juries by sections three thousand eight
hundred and eighty-cight, three thousand nine hundred and three, four
thousand and forty, four thousand and forty-two, four thousand and
forty-three, four thousand and forty-four, or any other statute relating
to crimes and punishments. :

§ 4036. When and how the venue may be changed.—A circuit court
may, on the motion either of the accused or of the attorney for the Com-
monwealth, or, without such motion, for good cause, order the venue for
the trial of a criminal case in such court to be changed to some other
circuit or corporation court; and, in like manner, the court of a corpe-
ration may order the venue to be changed to another circuit or corpora-
tion court.

§ 4039. When judge cannot sit on trial; how another judge procured
to try the case.—When the judge of a circuit or city court, in which a
prosecution is pending, is connected with the accused or party injured.
or so situated. in respect to the case as in his opinion to render it unfit
that he should preside at the trial, he shall enter the fact. of record, and
thereupon the governor shall, as provided by section three thousand and
forty-nine, designate another judge of a circuit court or of a city court
of a city of the first class to try the case.
§ 4047. Within what time an indictment for felony: must be tried or
accused be forever discharged.—Every person against whom an indict-
ment is found charging a felony and held in any court for trial shall be
forever discharged from prosecution for the offense if there be three regu-
lar terms of the circuit or four of the corporation 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 mo-
tion 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 for
that term, which reason shall be specially spread upon the records of the
court; but the time during the pendency of any appeal in any appellate
court shall not be included as applying to the provisions of this act.

§ 4048. Jurors in case of misdemeanor.—Jurors drawn or summoned
under chapter one hundred and fifty-two shall be jurors as well for the
trial of cases of misdemeanor as of civil cases, and all the provisions of
that chapter except the provisions of sections thirty-one hundred and
sixty-two and thirty-one hundred and sixty-six, and that provision of
section thirty-one hundred and sixty which directs the compensation and
mileage of jurors to be paid out of the county or corporation levy (which
excepted provisions shall apply exclusively to jurors and juries in civil
cases) shall extend as well to jurors and juries in cases of misdemeanor
as to jurors and juries in civil cases. And: sections thirty-one hundred
and thirty-nine, thirty-one hundred and forty, thirty-one hundred and
forty-one, thirty-one hundred and fifty-one, thirty-one hundred and fifty-
four, thirty-one hundred and fifty-five, thirty-one hugdred and fifty-six,
thirty-one hundred and sixty-one, thirty-one hundred and sixty-three,
thirty-one hundred and sixty-four, thirty-one hundred and sixty-seven,
and thirty-one hundred and sixty-eight shall apply to jurors and juries
in all cases, criminal as well as civil: provided, however, that in all cases
of misdemeanor upon a plea of guilty, tendered in person by the accused,
and with the consent of the attorney for the Commonwealth, entered of
record, the court shall, and upon a plea of not guilty, with the consent of
the accused, given in person, and of the attorney for the Commonwealth,
both entered of record, the court, in its discretion, may hear and deter-
mine the case without the intervention of a jury. In all such cases the
court shall have and exercise all the powers and duties vested in juries
by any statute relating to crimes and punishments.

2. This act shall be in force on and after February first, nineteen
hundred and four.
884 ACTS OF ASSEMBLY.