ges. shall be amenable to the judges of such court, in like manner as the keeper of the public jail hath heretofore been to the judges of the general court. And the judges attending each district court shall have authority to superintend and regulate the district jail, in the same manner as the general court had to regulate and superintend the public jail. XCVII. The jailor, during his continuance in of His privile- fice, 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 thought reasonable. XCVIII. The keeper of the district jail shall conHis duty. stantly attend the said court, and execute the command of the said 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 execution in any civil suit, or for any contempt of the court, and him or them safely keep until thence discharged by due course of law, and may demand of every such prisoner the legal fees for diet and care; but where suck prisoner is so poor as not to be able to support him or herself in prison, the jailor shall be allowed by the public one shilling, per day, for the maintenance of every such poor prisoner, and no security shall be demanded of him, or her, nor shall he, or she, be detained for such prison fees. Guards. Diet of pri. soners. XCIX. 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. C. 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. CI. If a prisoner shall desire any witnesses to be Witnesses for summoned for him or her to appear, either at the exprisoners. 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 subpoenas 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 witnesses in civil cases. Records of criminal ca ses. CII. 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, immediately after the court holden for his or her examination, transmit to the attorney for the commonwealth in the district court, a copy of the warrant for his or her commitment, and of the depositions taken on the examination, and shall moreover issue a writ of venire facias to the sheriff of the county, commanding him to summon twelve good and lawful men, being freehold ers 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 bystanders, as will make up the number twelve, shall be a lawful jury for the trial of such prisoner. CIII. Every venire-man summoned and attending Allowance to the district court, shall have the same allowance for venire men. travelling and attendance, as is herein provided for witnesses, to be paid by the public. tend. CIV. If any person summoned as a venire-man, Failing to at shall fail to attend accordingly, not having a reasonable excuse, to be made at the time he should have appeared, or at the next district court, every such person may be fined by the court, not exceeding forty shillings, or four hundred pounds of tobacco, for the use of the commonwealth. Entering wit nesses allow. CV. 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 ances. 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. CVI. The sheriff for the time being of the county, Grand juries. in which the district court is holden, shall, before every meeting of the district court, summon twenty-four freeholders of the district, 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 Presentments. Failing to attend. Process on present `ments. Attornies for common. wealth. Prison rules. Costs of prosecution of, and present, all treasons, murders, felonies, or other misdemeanors whatever, which shall have been committed or done within the district; 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 immediately arraigned and tried by a petit jury, summoned as herein before directed; and he, she, 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 be allowed counsel; and that, when sentence shall be passed upon any prisoner, there shall be one calender month at least between the judgment and execution. Provided also, that in case of the sickness, death, or non-attendance of any grand juror or grand jurors, after he or they shall be sworn, it shall be lawful for the court to cause others to be sworn in his or their stead, CVII. No grand jury shall make any presentment of their own knowledge, upon information of fewer than two of their own body, nor where the penalty inflicted by law is less than twenty shillings or two hundred pounds of tobacco. CVIII. Every person summoned to appear on a 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. CIX. 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 so presented, to appear and answer such presentment at the next court, and thereupon hear and determine the same according to law. CX. It shall be the duty of the attorney general to nominate and appoint proper persons to prosecute for the commonwealth, in such courts as he cannot attend himself. CXI. Prison rules and bounds shall be assigned by the district courts. CXII. Where the prisoner shall be convicted, and hath estate sufficient to pay the charges of prosecution, the whole shall be paid out of such estate, and the puk lic only made chargeable where there is no estate, or not sufficient to be found. CXIII. If any criminals sent for trial to the general Criminals. court shall not have been tried at their session in December, one thousand seven hundred and eighty-eight; or if any criminals so sent from the county court, or shall hereafter be sent for trial to the general court, it shall be lawful for the executive, upon application of the attorney general, to cause such criminals to be sent to the district from whence they came. Provided always, that it shall be lawful for any judge of the gen. eral court to admit such criminals to bail for their appearance at the district court, in all cases bailable by law. CXIV. The several suits which shall be depending in the general court at the time of the commencement of this act (except appeals, writs of error, or supersedeas, and such others wherein there shall be a special verdict, case agreed, motion in arrest of judgment, or point of law reserved) shall be arranged by the clerk thereof to the districts of the counties wherein the original writs or process were respectively served, according to the directions of this act, and with the papers therein, and a state of the costs to that time in each, as well of plaintiff as defendant, delivered to the several clerks of the districts to which they respectivety belong, who shall docket the same according to the order of priority of commencement, those at issue, or in which writs of enquiry are to be executed on the court docket to be tried at the next district term, and all others on his rule-docket, to be proceeded in at the rules as is herein before directed for original suits, regarding the progress made therein at the time. Suits trans. mitted from district court. general to CXV. The sessions of the general court shall be Terms of ge holden at the capitol in the city of Richmond, and shall neral court. begin on the ninth day of June, and the ninth day of November, in each year, or when either of those days happen to be Sunday, then on the next day, and shal continue sixteen juridical days each, unless all the business before them be sooner dispatched. CXVI. Three judges shall constitute a general court, except in the case of impeachment, on which occasion, a majority of the whole number shall be ne Judges. cessary. Jurisdiction of general court. Common or ders. CXVII. The said general court shall continue to have jurisdiction over all causes depending therein at the commencement of this act, by appeal, writ of error, supersedeas, or mandamus, or scire facias on judgments therein, or in which there hath been a special verdict, case agreed, errors assigned in arrest of judgment, demurrer to evidence, or point of law reserved, but in none other of the suits so depending, which shall be sent to and tried in the respective district courts as is herein before directed: And that writs of scire facias may be issued from, and tried in the general court, upon all judgments which have been or shall be obtained therein, the said court may fine sheriffs, deputy sheriffs, or coroners, for not returning executions issued, or to be issued from the said court, and enter up judgments against the said officers for all money or tobacco for which they have made, or shall make themselves respectively liable by law to judgments upon such executions; may award executions upon replevy bonds, or bonds to have goods forthcoming at the day of sale. if by law such bond shall continue to be authorised; may quash executions as illegally or improvidently issued or executed, and award new ones; or finally may exercise full jurisdiction in every other legal mode necessary for carrying into complete execution all judgments heretofore given, or hereafter to be given, in the said court, in like manner as if this act had never been made. The said court shall also have power to isssue writs of mandamus to the district courts. But no original suit shall, after the commencement of this act, be brought into the said general court, nor shall the said court exercise any power, jurisdiction, or authority, in any causes, civil or criminal, except what is by this act, or may, by law, be expressly given to the said court, motions, suits, and other proceedings, now depending, or that may be hereafter brought by the solicitor against public debtors, and public defaulters of every denomination, for and on behalf of the commonwealth; and the cases of impeachment directed by the constitution or form of government to be tried in the general court. CXVIII. If at the commencement of the district courts, a common order shall have been confirmed, but shall not have been made final, it may be set aside on the usual terms, on the third day of the succeeding |