suspicion of guilt falls on him, may pending the examination before him or upon committing such person for trial admit him to bail. If the offence be so punishable and there is good cause to believe such person guilty he shall not be let to bail by any justice, nor shall any person in jail under an order of commitment be admitted to bail by any justice except the one committing him nor in a less sum than was required by said order. But a court or the judge thereof in vacation in which any person is held and to be tried for a criminal offence may upon motion before said court or upon petition to the judge thereof in vacation hear testimony and admit such person to bail before conviction, and when such petition is filed before such judge in vacation he shall at once order the said person to be brought before him that he may hear the petition for bail; if bail be refused or excessive bail be required of said person by a county court or the judge thereof in vacation then upon petition by the said person to the circuit court of the county in which he is held for trial or to the judge thereof in vacation; the said circuit court or the judge thereof in vacation shall at once make an order requiring said person to be brought before said court or judge in order that a motion may be made to admit him to bail, and upon such motion the said court or judge shall hear testimony and admit him to bail or remand him to jail; if a circuit court or a judge thereof in vacation refuses to admit said person to bail or require excessive bail then the supreme court of appeals or any one judge thereof in vacation, upon petition of the said person, shall at once order him to be brought before said court or judge in order that a motion may be made to admit him to bail, and upon such motion the said supreme court of appeals or judge thereof in vacation shall hear testimony and admit him to bail or remand him to jail. If bail be refused or if excessive bail be required of such person by a corporation court or the judge thereof in vacation then the supreme court of appeals or any one judge thereof in vacation, upon the petition of said person, shall at once order him to be brought before said court or judge in vacation in order that a motion may be made to admit him to bail, and upon such motion the said court or judge in vacation shall hear testimony and admit him to bail or remand him to jail. No other court or judge shall admit a person accused of a criminal offence to bail otherwise than is herein before provided, except that such person may be admitted to bail under section thirty-nine hundred and sixty-one of the code of Virginia; and except also that when such person is held for trial in a county court and the said court is not in session and the judge thereof is sick or absent from his county then the proceedings to secure bail which would have been proper as herein before stated before such court or judge thereof in vacation shall be allowed before the county court or the judge thereof in vacation of any county adjoining the one in which said person is held for trial; and except also that when such person is held for trial in a corporation court and said court is not in session and the judge thereof is sick or absent from his city then the proceedings to secure bail which would have been proper as hereinbefore stated before such court or the judge thereof in vacation shall be allowed before the nearest corporation court or the judge thereof in vacation to the city in which such person is held for trial; and except also that when such person may be admitted to bail by a circuit court or the judge thereof in vacation as hereinbefore provided and said court be not in session and the judge thereof is sick or is absent from his circuit then the same proceedings to secure bail which would have been proper as hereinbefore provided before said circuit court or the judge thereof in vacation shall be allowed before the circuit court or the judge thereof in vacation of any circuit adjoining the one in which such person is held for trial. In either of the three last excepted cases the court or the judge thereof in vacation to whom petition is made shall at once order said person held for trial to be brought before said court or judge, and upon motion shall hear testimony and admit him to bail or remand him to jail. Sec. 3969. When the justice to discharge a person accused who is As Amended 1895-6, p. 935. before him for examination; what to do when there is sufficient cause to charge him with the offence.-The justice shall discharge the accused if he consider that there is not sufficient cause for charging him with the offence; if he consider that there is sufficient cause to charge the accused with a misdemeanor only, then he shall try the accused for said offence and convict him if he deem him guilty and pass judgment upon him in accordance with the provisions of section forty-one hundred and six of the code just as if the accused had first been brought before him on a warrant charging him with said misdemeanor; if he consider that there is just and sufficient cause for charging the accused with a felony, then he shall commit him to jail or let him to bail under section thirty-nine hundred and sixty. He shall require recognizance with or without sureties as he deems proper from all material witnesses against the accused and also for the accused if he desires it. CHAPTER CXCV. OF GRAND JURIES. Sec. 3976. When and how grand jurors to be selected by judges As Amended of county and corporation courts; lists to be delivered to clerk; 1889-90, p. 90. when and how jurors summoned.-The judge of the said courts shall annually in the month of August select from the qualified voters of their respective counties and cities forty-eight persons 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 for twelve months next thereafter. Such jurors shall be selected from the several magisterial districts of the counties and wards of the cities in proportion to the population thereof, and the judge making the selection shall at once furnish a list of those selected to the clerk of his court. 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 twelve of the persons selected as aforesaid 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. The clerk in issuing the venire facias shall apportion the grand jurors as nearly as may be ratably among the magisterial districts or wards: provided, that the county 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. Sec. 3977. Who are qualified; number of grand jury, regular and As Amended 1889-90, p. 91. special. A regular grand jury shall consist of not less than nine nor more 85 Va. 702. than twelve persons and a special grand jury of not less than six nor more than nine persons. Each grand juror shall be a citizen of this state and a resident of the county or corporation in which the court is to be held and As Amended 91 Va. 801. As Amended 1893-4, p. 476. in other respects a qualified juror, and not a constable, ordinary keeper, overseer of a road, and not the owner or occupier of a grist-mill, and when the grand juror is for a county court not an inhabitant of a city. Sec. 3978. [88 Va. 900.] Sec. 3982. [91 Va. 801.] Sec. 3984. How indictments found and presentments made. -At least seven of a regular grand jury and five of a 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, and when a presentment or indictment is so made or found on the testimony of witnesses called on by the grand jury or sent to it by the court the names of the grand jurors giving the information or of the witnesses shall be written at the foot of the presentment or indictment. Sec. 3988. Commissioners, sheriffs, constables, &c., to give information of violation of penal laws to attorney for the commonwealth. Every commissioner of the revenue, sheriff, constable, or other officer shall give information of the violation of any penal law to the attorney for the commonwealth, who shall forthwith institute and prosecute all necessary and proper proceedings in such case, whether in the name of the commonwealth or of a county or corporation, and may in such case issue or cause to be issued a summons for any witness he may deem material to give evidence before the court or grand jury. It shall, however, be unlawful for any attorney for the commonwealth to go before any grand jury during their deliberations except when duly sworn to testify as a witness, but he may advise the foreman of the grand jury or any member or members thereof in relation to the discharge of their duties. As Amended 1895-6, p. 35. 88 Va. 45. 91 Va. 801. As Amended 1897-8, p. 638. CHAPTER CXCVI. OF PRESENTMENTS, INDICTMENTS, AND INFORMATIONS, AND PROCESS THEREON. Sec. 3990. [87 Va. 94.] Sec. 3991. Name of prosecutor to be written on indictment, &c., for misdemeanor; when required to give security for costs.-In a prosecution for a misdemeanor the name of the prosecutor if there be one and the county or corporation of his residence shall be written at the foot of the presentment, indictment, or information when it is made, found, or filed, and in case the grand jury that brings in such presentment or indictment or the attorney for the commonwealth that files such information fail to write the name of a prosecutor at the foot of the presentment, indictment, or information, then the name of a prosecutor may be entered of record as such by the court on the motion of the defendant or the commonwealth's attorney at any time before the judgment. And for good cause the court may require a prosecuter to give security for the costs, and if he fails to do so dismiss the prosecution at his costs. Sec. 3993. [92 Va. 824.] Sec. 3994. In prosecution for embezzlement any number of offences may be charged if committed within six months; what description of money sufficient in prosecution for embezzlement; what for larceny. In a prosecution against a person accused of embezzling or fraudulently converting to his own use bullion, money, bank notes, or other security for money it shall be lawful in the same indictment or accusation to charge and thereon to proceed against the accused for any number of distinct acts of such embezzlements or fraudulent conversions which may have been committed by him within six months from the first to the last of such acts; and it shall be sufficient to allege the embezzlement or fraudu lent conversion to be of money without specifying any particular money, gold, silver, note, or security, and such allegation, so far as it regards the description of the property, shall be sustained if the accused be proved to have embezzled any bullion, money, bank note, or other security for money although the particular species be not proved. And in a prosecution for the larceny of United States currency or for obtaining United States currency by a false pretence or token, or for receiving United States currency knowing the same to have been stolen, it shall be sufficient if the accused be proved guilty of the larceny of national bank notes or United States treasury notes, certificates for either gold or silver coin, fractional coin, currency, or any other form of money issued by the United States government, or of obtaining the same by false pretence or token, or of receiving the same knowing it to have been stolen although the particular species be not proved. Sec. 3999. [89 Va. 450; 90 Va. 386; 93 Va. 765.] Sec. 4000. [83 Va. 51.] Sec. 4001. [84 Va. 492; 86 Va. 382; 91 Va. 718.] Sec. 4003. [86 Va. 661.] Sec. 4010. [86 Va. 573.] Sec. 4011. [86 Va. 573.] Sec. 4012. [90 Va. 386.] CHAPTER CXCVII. OF TRIAL AND ITS INCIDENTS. 84 Va. 77. 90 Va. 328. Sec. 4016. Criminal offences committed in counties to be tried in As Amended county courts; when and by whom venire facias issued in case of 1893-4, p. 270. felony. The county courts except where otherwise provided shall have 85 Va. 128. 86 Va. 523, 817, exclusive original jurisdiction for the trial of all presentments, indict- 921. ments, and informations for offences committed within their respective 89 Va. 529, 826 counties and also of all presentments, indictments, and informations now 91 Va, 741. pending in the said courts. The clerk of any court in which the trial of the case of felony is to be had shall as soon as may be issue a venire facias directed to the officer of said court requiring him to summon jurors for such trial from a list to be furnished him as provided in section four thousand and eighteen. When an indictment is found against a person for felony in a court wherein he may be tried 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. Sec. 4016 a. To require prisoners charged with a capital offence and on trial in a county court to elect in which court he shall be tried before making a motion for a continuance.-A prisoner charged with a capital offence on trial in a county court shall make his election whether he will be tried in the said court or the circuit court before making a motion for a continuance. Sec. 4017. [83 Va. 581; 87 Va. 589; 89 Va. 450.] 1891-2, p. 973. Sec. 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 summon sixteen persons of his county or corporation, to be taken from a list to be furnished him by the court of such county or corporation or the judge thereof residing remote from the place where the offence is charged to have been committed and qualified in other respects to serve as jurors, to attend the court wherein the accused is to be tried on the first day of the next term thereof or at such other time as the court or judge may direct. If more than two cases are to be tried at one term of the court only two juries shall be summoned unless the court or judge otherwise direct, and the juries so summoned may be used for the trial of all the cases. Sec. 4019. [85 Va. 607; 90 Va. 96.] Sec. 4020. [86 Va. 666.] Sec. 4023. [92 Va. 794.] Sec. 4025. When jury not to be kept together; when so kept to be boarded; rate of board; how paid.-In any case of felony where the punishment cannot be death or confinement in the penitentiary for more than ten years the jury shall not be kept together unless the court shall otherwise direct. When the jury are so kept together the court shall direct its officers to furnish them with suitable board and lodging when so confined, the expenses thereof not exceeding the rate of one dollar per entire day for each juror, to be paid out of the treasury when allowed by the court. Sec. 4029. [92 Va. 794.] Sec. 4029 a. To allow counsel for the commonwealth and the pris= oner on the trial of all cases of felony and misdemeanor to make an opening statement.-On the trial of any case of felony or misdemeanor and before any evidence is submitted on either side counsel for the commonwealth and for the prisoner, respectively, shall have the right to make an opening statement of their case to the jury. Sec. 4030. [82 Va. 863; 89 Va. 118.] Sec. 4032. [92 Va. 780.] Sec. 4040. [90 Va. 550; 91 Va. 782; 2 Va. L. R. 697.] Sec. 4047. Within what time an indictment for felony must be tried or accused be forever discharged.-Every person against whom an indictment is found charging a felony and held in any court for trial shall be forever discharged from prosecution for the offence if there be three regular terms of the circuit or four of the county, corporation, or hustings courts in which the case is pending after he is so held without a trial unless the failure to try him was caused by his insanity or by the witnesses for the commonwealth being enticed or kept away or prevented from attending by sickness or inevitable accident, or by continuance granted on the motion of the accused, or by reason of his escaping from jail or failing to appear according to his recognizance, or of the inability of the jury to agree in their verdict, or where there be no court held at the regular term, or where there is court held and for any reason it would be injudicious in the opinion of the court to have jurors and witnesses summoned for that term, which reason shall be specially spread upon the records of the court; but the time during the pendency of |