Chap. 395.—An ACT to amend and re-enact sections 4851, 4852, 4853 and 4860 of
the Code of Virginia, section 4853 of which has heretofore been amended,
relating to regular and special terms of grand jurors. [S B 349]

Approved March 29, 1932

1. Be it enacted by the general assembly of Virginia, That sections
forty-eight hundred and fifty-one, forty-eight hundred and fifty-two,
forty-eight hundred and fifty-three and forty-eight hundred and sixty,
of the Code of Virginia, section forty-eight hundred and fifty-three of
which has heretofore been amended, be amended and re-enacted so as
to read as follows:

Section 4851. There may be a regular grand jury at one term in
each year of the circuit courts of the counties and of the corporation
or hustings courts of the corporations, to be designated by the judges of
said courts, respectively, and special grand juries whenever ordered,
as hereinafter provided. |

Section 4852. The judges of the said courts shall annually, in the
month of June, July, or August, select from the male citizens of each
county of their respective circuits and in their several cities forty-eight
persons twenty-one years of age and upwards, of honesty, intelligence
and good demeanor, and suitable in all respects to serve as grand
jurors who shall be the grand jurors for the county or city from which
they are selected for twelve months next thereafter. Such jurors shall
be selected in each county from the several magisterial districts of the
county, and in each city from the several wards of the cities in propor-
tion to the population thereof, and the judge making the selection shall
at once furnish to the clerk of his court in each county of his circuit
or in his city a list of those selected for that county or city. The clerk,
not more than twenty days before the commencement of each term of
his court, at which a regular grand jury is required, shall issue a venire
facias to the sheriff of his county or sergeant of his city, commanding
him to summon not less, than eight nor more than ten-of the persons
selected as aforesaid (the number to be designated by the judge of
the court by an order entered of record) to be named in the writ, to
appear on the first day of the court to serve as grand jurors. No such
person shall be required to appear more than once until all the others
have been summoned once, nor more than twice until the others have
been twice summoned, and so on; provided, that no male citizen over
sixty years of age shall be compelled to serve as a grand juror. The
clerk, in issuing the venire facias, shall apportion the grand jurors, as
nearly as may be, ratably among the magisterial districts or wards; but
the circuit court of James City county, or the judge thereof in vacation,
shall select the grand jurors for such court from said county and the
city of Williamsburg in such proportion from each as he may think
proper.

Section 4853. A regular grand jury shall cansist of not less than
five nor more than seven persons, and a special grand jury of not less
than five nor more than seven persons. Each grand juror shall be a
citizen of this State, twenty-one years of age, and shall have been a
resident of this State two years, and of the county or corporation in
which the court is to be held one year, and in other respects a qualified
juror, and not a constable, or overseer of a road, and, when the grand
juror is for a circuit court of a county, not an inhabitant of a city,
except in those cases where the circuit court of the county has jurisdic-
tion in the city, in which case the city shall be considered as a magis-
terial district, or the equivalent of a magisterial district, of the county
for the purpose of the jury lists.

Section 4860. At least four of a regular or special grand jury must
concur in finding or making an indictment or presentment. They may
make a presentment or find an indictment upon the information of two
or more of their own body, or on the testimony of witnesses called on
by the grand jury, or sent to it by the court. If only one of their
number can testify as to an offense, he shall be sworn as any other
witness. When a presentment or indictment is so made or found, the
names of the grand jurors giving the information, or of the witnesses,
shall be written at the foot of the presentment or indictment.