Chap. 82.—An ACT to amend and re-enact section 4048 of the Code of Virginia,
as amended by act approved January 2, 1904, which is chapter 553 of acts of
the extra session of 1902-’03-’04, in relation to jurors in cases of misdemeanors.

Approved March 8, 1904.

1. Be it enacted by the general assembly of Virginia, That section
forty hundred and forty-eight of the Code of Virginia, as amended by
an act approved January two, nineteen hundred and four, which is chap-
ter five hundred and fifty-three, acts of extra session nineteen hundred
and two, nineteen hundred and three, and nineteen hundred and four, in
relation to juries in cases of misdemeanors, be amended and re-enacted
su as to read as follows:

§ 4048. Jurors in case of misdemeanor.—Jurors drawh 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 mis-
demeanor as to jurors and juries in civil cases. And sections thirty-one
hundred and thirty-nine, thirty-one hundred and forty, thirty-one hun-
dred and forty-one, thirty-one hundred and fifty-one, thirty-one hundred
and fifty-four, thirty-one hundred and fifty-five, thirty-one hundred 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 ac-
cused, and with the consent of the attorney for the Commonwealth, en-
tered 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 Com-
monwealth, both entered of record, the court, in its discretion, may hear
and determine 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. Jurors drawn
or summoned under chapter one hundred and ninety-seven may be used
as jurors for the trial of cases of misdemeanor, and of civil cases as well
as of cases of felony. Seven jurors shall constitute a jury in each case
of misdemeanor tried by a jury.

The same right of peremptory challenge shall exist in selecting juries
in cases of misdemeanor as is allowed in civil cases.

No officer shall be allowed more than one fee for executing writs of
venire facias on the same persons for the same term of a court.
_ 2. By reason of the new court system being now in operation an emer-
gency exists, therefore this act shall be in force thirty days after its
passage.