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LIV. The laws of costs shall not be interpreted as penal laws.
LV. The district courts shall possess the same power over costs as the general court now possesses.
LVI. Executions shall issue to any sheriff or coroner from the clerk of the district courts, and be returnable to the first day thereor.
LVII. The court shall hear and determine motions against sheriffs in all cases, and according to the rules prescribed by law.
LVINI. An execution, writ or other process, appearing to be duly served in other respects; shall not be deemed void, although it be not directed to any sheriff.
LIX. Notice on replevy-bonds shall be good if given to the party in person, or delivered in writing to any (rev person above the age of sixteen years, who shall be a member of the family of the obligor, aud shall be informed of the purpori of such notice, or lest at some public place at the dwelling house or other known place of residence of such obligor.
LX. If a replevy-bond be quashed as faulty, the sheriff taking the same shall be at all times liable for damages to the party injured, or his representatives.
LXI. If a distringas issue in detinue, the court for good cause shewn may direct it to be superseded so far as it respects the specific thing, and to be executed for the alternative price or value only, if fixed in the judgment, or to be fixed by a writ of enquiry.
LXII. Grand juries shall be summoped to appear on the first day of every court according to the quali. fications of the general court, and shall present offences committed within the district.
LXlll. The district court to be held as aforesaid shall have full power to hear and determine, all treasons, murders, felonies, and other crimes and misdemeanors which shall be brought before them.
LXIV. When any person, not being a slave, shall be charged before a justice of the peace with any criminal offence which, in the opinion of such justice, ought to be examined into by the county court, the said justice shall take the recognizance of all material witnesses to appear before such court, and immediately by his warrant commit the person so charged to the coun. ty jail, and moreover shall issue his warrant to the
sheriff of the county requiring him to summon the juslices of the county to meet at their court-house on a certain day, not less than five por more than ten days alter the date thereof, to hold a court for the examination of tbe fact; which court shall consider whether, as the case may appear to them, the prisoner may be discharged from further prosecution, may be tried in the county, or must be tried in the district court, and if they shall be of opinion that the fact may be tried in the county, the prisoner shall be bound over to the next grand jury to be held for that county for trial, or upon refusing to give sufficient bail, shall be remanded to the county jail, there to remain until such court, or until he or she shall be bailed; but if they shall be of opinion that the prisoner ought to be tried in the district court, they shall take the depositions of the witnesses, and bind such as they shall think proper by recognizance to appear and give evidence against such criminal at bis trial, and having remanded ine prisoner to jail, any two of the justices, one being of the quorum, by warrant under their hands and seals, shall direct the sheriff or his deputy to remove the prisoner and commit him or her to the district jail, there to be safely kept until he or she shall be discharged by due course of law; by virtue of which warrant the sherift, as soon as may be, shall remove the prisoner and deliver him or her with the warrant to the keeper of the distriot jail, who shall receive and safely keep him or her accordingly. And for enabling the sherifi safely to convey and deliver such prisoner, the said iu o justices by their warrant shall empower him, as well within his county as without, to impress such and so many men, horses, and boats as shall be necessary for the guard and sase conveyance of the prisoner, proceeding therein as the law may direct in cases of impressing on other occasions; and all persons are to pay due obedience to such warrant Provided. That if wich persons shall, in the opinion of the court be bailable by law, he or she shall not be removed within twenty days after the exainining court, but shall and may be admitted to bail before any justice of the same county within that time, or at any time afterwards before any judge of the general court.
LXVI. When any person shall be so removed to be tried for treason or felony, the clerk of the county
from whence the prisoner is removed shall, immediate ly alter the court held for his or her examination, iso sue a writ of venire facias to the sheriff of the county, commanding him to summon twelve good and lawful men, being freeholders of the county, residing as near as may be to the place where the fact is alledged to have been committed, to come before the district court on the first day of its next session, and return a pannel of their names; which freeholders, or so many of them as shall appear, not being challenged, together with so many other good and lawful freeholders of the by. standers as will make up the number twelve, shall be a lawful jury for the trial of such prisoner,
LXVI. Every'venire man summoned and attending the district couri, shall have the same allowance for travelling and attendance as is herein before provided for witnesses, to be paid by the public.
LXVI. If any person summoned as a venire man shall fail to attend accordingly, nat having a reasonable excuse, to be made at the time he should have appeared, or at the next district court, they may fine every such person, not exceeding forty shillings, or four hundred pounds of tobacco, for the use of the commonwealih.
LXVIH. If a prisoner shall desire any witnesses to be suminaned for him or her to appear either at the exa amining court, or on the trial at the district court, the clerk of the said court, or of the county court as the case may be, shall issue subpænas for such witnesses. who being summoned and attending, shall have the like allowance for travelling and attendance, and be subject to the same penalty for failing to attend, as is provided for witneses in civil causes.
LXIX. The keeper of the district jail by order of any two justices of his county, may impress guards for the safe keeping of all prisoners in his custody, to be paid by the public
LXX. The fee to the sheriff of the county and to the district jailor for keeping and dieting any such prisoner, shall be one shilling per day, and no more.
LXXI. Where the priso:ier shall be convicted, and bath estate sufficient to pay the charges of prosecution, the whole shall be paid out of such estate, and the public only made chargeable where there is no such estate, or not suficient to be found.
LXXI. The sheriff for the time being of the county: in which the districi court is held, shall before every meeting of the district court, summon twenty four freeholdiers of this commonwealth, qualified as the laws require, for grand jurors, to appear at the succeeding district court on the first day thereof, which the said sheriff is hereby empowered to do, as well without his county as within the same; and the said twenty four men, or any sixteen of them, shall be a grand jury; and shall enquire of, and present, all treasons, murders, felonies, or other misdemeanors whatever, which shall have been committed or done within this commonwealthi; and upon any indictment for a capital offence; being found by a grand jury to be true, against any person or persons, the judges shall cause such person or persons to be inmediately arraigned aud tried by a petit jury, summoned as herein before directed, and he or they being found guilty, pass judgment as the laws direct, and thereupon award execution; and if the prisoner shall be found not guilty, to acquit him or her of the charge. Provided, That in all trials, the defendant shall, on petition, be allowed counsel; and that when sentence of death shall be passed upon any prisoner, there shall be one calender month at least between the judgment and execution.
LXXIII. No grand jury shall make any present: ment of their own knowledge; upon information of fewer than two of their own body, nor where the penalıy inflicted by law is less than twenty shillings, or two hundred pounds of tobacco.
LXXIV. Every person summoned to appear on grand jury, and failing to attend, not having a reasonable excuse, shall be fined by the court, not exceeding four hundred pounds of tobacco, to the use of the commonwealth.
LXXV. Upon presentment made by the grand jury of an offence not capital, the court shall order the clerk to issue a summons, or other proper process; against the person or persons presented, to appear and answer such presentment at the next court; and thereupon hear and determine the same according to law.
LXXVI. The clerk of the district court shall, in a book by him kept for that purpose, enter the names of all the venire men and witnesses who attend for the trial of criminals at such court, the number of days
each shall attend, the ferries they shall have crossed, and the distances they shall have travelled on that occasion, and shall give certificates for the same, which shall be paid in the manner directed by law.
LXXVII. The keeper of the district jail shall con. stantly attend the said court, and execute the command of the court from time to time, and take or receive into his custody all persons by the court to him committed on original or mesne process, or in execu. tion of any civil suit, or for any contempt of the court, and bim or them safely keep, until thence discharged by due course of law; and may demand and receive of every such prisoner the legal fees for diet and care; but where such prisoner is so poor as not to be able to subsist him or herself in prison, the jailor shall be allowed by the public one shilling per day for the maintainance of every sueh poor prisoner ; and no security shall be demanded of him or her, nor shall he or she be detained for such prison-fees.
LXXVIII. And the jailor, during his continuance in office, shall be exempted from serving in the militia and on juries, and shall have such allowance over and above the fees, as by the general assembly shall be ihonght reasonable.
LXXIX. The court may adjourn any matter of law to the court of appeals, or any party thinking himself aggrieved by the judgment of the district court, may appeal thereupon as of right, or obtain a writ of error thereto from the court of appeals, not of right, but at the discretion of the court.
LXXX. Bonds shall be required according to the act coostituting the court of appeals, except when it may be just to dispense with the same.
LXXXI. Bond and sufficient security given by any party, where there are several obtaining the writ of error or appeal, shall be sufficient.
LXXXII. On an adjournment of a question or writ of error, the same proceedings shall be had as in cases heretofore going from the general court.
LXXXIII. The sheriff of the county in which the court sits shall be an officer thereof, and as such perform the duties now performed by the sheriff of Henrico in and concerning the general court.
LXXXIV. The court may appoint a cryer, who shall hold his office during good behaviour, and be