Chap. 16.—An ACT to prescribe the duties of the judges of circuit and corpora-
tion courts and to fix the compensation of attorneys for the Commonwealth
relative to violations of the law prohibiting the sale of adulterated and mis-

branded foods.
Approved February 10, 1904.

1. Be it enacted by the general assembly of Virginia, That for the pur-
pose of a more rigid enforcement of the law prohibiting the sale of adul-
terated and misbranded foods in the State of Virginia, it shall be the
accused, if in custody, or if he appear according to his recognizance, shall,
unless 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 of
persons to be summoned, and how selected.—The writ of venire facias,
in case of felony, shall command the officer to whom it is directed to sum-
mon sixteen persons of his county or corporation, to be taken from a list
furnished him by the clerk issuing the writ, who are qualified in all re-
spects to serve as jurors, to attend the court wherein the accused is to be
tried on the first day of 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 thereof otherwise direct ; and the
Jury so summoned may be used for the trial of all the cases which may be
‘tried at that term, both felonies and misdemeanors.

The list mentioned in this section shall contain the names of twenty
persons drawn for that purpose by the clerk of the court or his deputy
from the names and box provided for by sections thirty-one hundred and
forty-two and thirty-one hundred and forty-four of the Code of Vir-
ginia. Such drawing shall be in the presence of the judge of the court,
or in his absence of one of the commissioners in chancery provided for
by section thirty-one hundred and forty-six of the Code of Virginia, and
a reputable citizen not connected with the accused or the prosecutor; or,
in a case of homicide, with the deceased, who shall be called upon for
that purpose by the clerk conducting the drawing. If the presence of the
commissioner cannot be obtained, the drawing shall be in the presence
of two reputable citizens not connected as aforesaid and called upon bv
the clerk. The clerk shall notify the commissioner of the time his at-
tendance is desired, and it shall be his duty to attend at such time at the
clerk’s office. The drawing, except as herein otherwise provided, shall
conform as near as may be to the mode prescribed for drawing juries in
civil cases.

For good cause shown in any felony case the judge of the court, in term
time or vacation, may direct more than twenty names to be drawn and
placed in the list, and more than sixteen persons to be summoned. He
shall in such cases specify the number of names to be drawn and the num-
ber of persons to be summoned; the number drawn shall not be more
than four in excess of the number to be summoncd.

If there is drawn from the box the name of a person who has died, re-
moved from the county or corporation, or is related to the accused or to
the prosecutor, or in a case of homicide to the deceased, or who is known
to the clerk or other persons attending the drawing, if the case be in a
circuit court of a county, to live within three miles of the place where
the crime is charged to have been committed, such name shall not be
placed on the list, but all other names drawn from the box shall be placed
on the list as they are drawn, and when twenty names have been so placed
the drawing shall cease, and a copy of said list shall at once be made and
signed by the clerk and the persons attending the drawing, which copy
shall be filed in the clerk’s office.

No irregularity or error in drawing the names or in making out or
copying or signing or failing to sign the list or in summoning the persons
named on the list shall be cause for summoning a new panel or for set-
ting aside a verdict or granting a new trial, unless objection thereto was
made before the jury was sworn, and unless it appears that such irregu-
larity, error, or failure was intentional or is such as to probably cause in-
justice to the Commonwealth or to the accused.

2. Because of the necessity which exists for providing a suitable mode
of selecting jurors for felony cases before the circuit courts provided for
by the Constitution of Virginia begin their terms, or as soon thereafter
as possible, an emergency exists, and this act shall be in force from its

passage.