CHAPTER 45

An Act to amend and reenact §§ 8-188, 8-189 and 8-190 of the Code of
Virginia, relating to summonsing of juries for the trial of civil and
misdemeanor cases.

[H 45]

Approved February 25, 1954

Be it enacted by the General Assembly of Virginia:

1. That §§ 8-188, 8-189 and 8-190 of the Code of Virginia be amended
and reenacted as follows:
§ 8-188. The clerk shall openly draw from such jury box in the
clerk’s office. After shaking and mixing together the ballots in such box,
* in any case in which the jury shall consist of five persons eleven ballots
shall be drawn and in all other cases thirteen ballots shall be drawn with-
out inspecting the names written on any until the proper number is
drawn and thereupon the names shall be 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.

§ 8-189. 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 provided in the preceding
section, 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 (1) specify the number of jurors to be drawn
and summoned, and the day upon which they are required to attend,
(2) direct a writ of venire facies for such jurors to be issued and executed
in the manner hereinabove specified, except that the court may, in its
discretion, direct more than * thirteen such jurors to be drawn and sum-
moned, and (3) require such venire facias to be executed forthwith. The
jurors so provided shall constitute a jury for the trial of civil and mis-
demeanor cases at such term with like force and effect as if they had
been drawn and summoned as directed in the two preceding sections.

§ 8-190. Whenever, in the opinion of any such court, or the judge
thereof in vacation, a greater number of jurors than * thirteen is neces-
sary for the dispatch of the business of such court, such opinion shall be
entered of record together with the number of jurors deemed necessary,
and upon such order it shall be the duty of the clerk of such court to
notify the commissioner in chancery, as provided by law, and draw from
the jury box of his court the number of names designated by the court
or judge, as the case may be, and the clerk of such court shall issue a
venire facias accordingly.