Chap. 22.—An ACT to amend and re-enact Section 5992 of the Code of Virginia,

as heretofore amended, relating to jurors for the trial of civil and misdemeanor
cases. [S B 52]
Approved February 12, 1942

1. Beit enacted by the General Assembly of Virginia, That section
fifty-nine hundred and ninety-two of the Code of Virginia, as heretofore
amended, be amended and re-enacted, as follows:

Section 5992. The clerk of each circuit, corporation, and city court
shall, at least ten days before any term of such court at which a jury may
be necessary, to be designated by the judge of such court, proceed to draw
the jury by lot from the ballots deposited in the said box in the following
manner, in the presence of the judge of such court, if present ; if not, then
in the presence of a commissioner in chancery of his own court, if there
be one, and if none, of some other court of his city, which commission
shall have been previously designated by the court in which the jury is to
sit, upon an order entered of record; provided, however, no such com-
cus. 22, 23] ACTS OF ASSEMBLY 23

missioner shall be eligible to witness the drawing of a jury to be used in
the trial of any case in which he shall be interested as attorney or other-
wise. In the event of the absence, for good cause, of a commissioner in
chancery duly qualified to serve, the clerk shall call upon one or two
citizens, as the case may be, to witness the drawing of the ballots from
the jury box. The clerk of each court shall give reasonable notice, in
writing, to the said commissioner in chancery of the time and place of
drawing the jury, and shall openly draw from said jury box in the clerk’s
office. After shaking and mixing together the ballots in said box, nine
ballots (without inspecting the names written on any until the proper
number is drawn) shall be drawn and listed by the clerk, and he shall
forthwith issue and deliver a writ of venire facias to the proper officer of
the county or city requiring him to summon the persons thus drawn,
whose names shall be stated in the writ, together with the day of the term
and the court at which their attendance is required ; and it shall be the duty
of the officer, at least three days before the time of such attendance, to
summon each person who is drawn to attend the court at the time and
place mentioned in the writ, and to make due return thereof at the opening
of such court. If any person whose name is so drawn is known to be
unable by reason of sickness, absence from home or other cause to attend
as a juror, his name shall be returned to the box, or if he is exempt by
law or his name has been stricken from the jury list, the ballot shall be
destroyed, and another juror shall be drawn in his stead.

In the event it shall become necessary to have a jury for the trial of
civil or misdemeanor cases at any term of a court for which no such jury
has been drawn and summoned as above provided for, and there be not
then present any other regularly summoned jurors from whom such a
jury may be selected, the court may, by an order entered of record, require
a jury to be drawn and summoned in the manner above directed. Such
order shall specify the number of jurors to be drawn and summoned, and
the day upon which they are required to attend, and shall direct a writ of
venire facias for said jurors to be issued and executed in the manner
hereinabove specified ; provided, however, the court may, in its discretion,
direct more than nine such jurors to be drawn and summoned, and shall
require said venire facias to be executed forthwith. The jurors so provided
shall constitute a jury for the trial of civil and misdemeanor cases at such
term with like force and effect as if they had been drawn and summoned
as first herein directed.