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LXXII. The sherift for the time being of the county, in which the district court is held, shall before every meeting of the district court, summon twenty four freeholders 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, selonies, or other misdemeanors wbatever, which shall have been committed or done within this common. wealth; 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 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 yot guilty, to acquit him or her of the charge. Provided, That in all trials, ille defendant shall, on petition, be allowed counsel; aud that when sentence of death shall be passed upon any prisoner, there shall be one calender month at least between the judgment and execution. · LXXII. No grand jury shall make any presentment of their own knowledge, upon information oi 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.
LXXIV. 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.
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 presentinent 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 altend, 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 constantly 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 execution of 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 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 such 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 thought 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 constituting 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 bad 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 entitled to a reasonable allowance for his services, per diem, to be certified by the said court to the auditor for his warrant of payment.
LXXXV. The clerk's fees shall be the same with those in the county courts for similar services, and for all other services the same as those of the clerk of the general court, and shall be collected and accounted for in the same manner, and under the same penalties, as those of the clerk of the general court pow are.
LXXXVI. When any cause shall be finally determined, the clerk of the district court shall enter all the pleadings and papers filed as evidence therein, and the judgment thereupon, so as to make a complete record thereof; and those wherein the title of lands is determined, shall be entered in a separate book to be kept for that purpose.
LXXXVII. For preventing errors in entering up the judgments of said courts, the proceedings of every day shall be drawn at large by the clerk, against the next sitting of the court, when the same shall be read in open court, and such corrections as are necessary being made therein, they shall be signed by the presiding judge, and carefully preserved among the records.
LXXXVIII. On the last day of each court, the proceedings therein shall be drawn up, read, corrected, signed, and preserved as aforesaid.
LXXXIX. The attorney general shall provide deputies, to be approved by the executive, to act in those courts which he may not bimself altend.
XC. No writ of error or supersedeas shall be granted in any case, until a final judgment shall be given in the county or other inferior court
XCI. The party praying a writ of supersedeas, shall petition the district court for the same, pointing out the error he means to assign in the proceedings, and procure some attorney practising in the district court, io certify that, in his opinion, there is sufficient matter of error ior reversing the judgment; whereupon the court in their session, or any two judges of the court of appeals in vacation, inay order such writ to be issued, or reject the petition, as to them shall seem just; but no supersedeas shall be issued in any case, except such, as in respect to its value or nature, would have admitted of an appeal. Vol. XII.
XCII. Where any person or persons, body politic or corporate, shall think themselves aggrieved by the judgment or sentence of any county court, or court of hustings, in any action, suit or contest whatever, where the debt or damages, or other thing recovered or claimed in such suit, exclusive of the costs, shall be of the value of ten pounds, or two thousand pounds of tobacco, or where the title or bounds of land shall be drawn in question, or the context shall be concerning mills, roads, the probate of' wills, or certificates for obraining administration, such person or persons, body politic or corporate, may enter an appeal froin such judgment or sentence to the first day of the next court of the district in which such county is.
XCIII. Where the defendant in any personal action appeals, if the judgment be affirmed, the damages, besides costs, shall be ten per centum per annum upon the principal sum and costs recovered in the inferior court, in satisfaction of all damages or interest.
XCIV. In real or mixed actions the damages shall be ten pounds, or two thousand pounds of tobacco, besides costs; and where the plaintiff appeals in any ac. tion, if the judgment be affirmed, and in all controversies about mills, roads, probate of wills or certificates for administration, if the sentence of the inferior court be affirmed, the party appealing shall pay to the other all costs.
XCV. Writs of error shall not be sued out of the district courts to judgments of inferior courts, but with leave of the court, upon motion of the party desiring the same, and ten days previous notice thereof given in writing to the adverse party.
XCVI. Before the issuing of a writ or error or supersedeas, the party praying the same shall enter into bond, with sufficient security, in a penalty to be fixed by the discretion of the court, with condition to satisfy and pay the amount of the recovery in the county or other inferior couri, and all costs and damages awarded by the district court, in case the judgment or sentenre be affirmed.
XCVII. Is upon hearing any writ of error or supersedeas, the judgment of the inferior court be reversed, the district court shall enter such judgment thereupon as ought to have been entered in the inferior court.
XCVIII. If any person or persons shall desire to remove any suit depending in any inferior court into the district court, provided the same be originally cogni. zable therein, a certiorari for such removal may be granted by the district court, for good cause shewn upon motion, and ten days notice thereof given in writing to the adverse party; or in vacation, the party desiring such writ shall, by petition to the judges of the high court of appeals, set forth his or her reasons, and make oath before a magistrate to the truth of the allegations of such petition; whereupon any two judges of the said court may, under their hands, order the certiorari to issue, and direct the penalty of the bond to be taken previous thereto, or may reject such petition, as to them shall seem just; provided, that ten days previous notice of the time and place of applying for such writ be given in writing to the adverse party; upon which order of the judges, the clerk shall issue the certiorari.
XCIX. Bonds to be given in court for writs of error, supersedeas, certiorari, or any other cause, shall be valid and sufficient, if given by a responsible person, and security, although the party interested in the event of the suit be not an obligor.
C. On writs of scire facias, for renewal of judgmenis, no judgment shall be rendered on the return of two nihils, unless the defendant reside in the riuniit, or unless he be absent from the commonwealth and have no known attorney within the same. Provided, That the party shall enter into bond with sufficient security, fin the penalty so directed, with condition for satistying all money or tobacco, and costs, which shall be recovered against the party in such suit; but if any suit so removed by writ of certiorari shall be remanded to the inferior court by writ of procedendo or otherwise, such cause shall not afterwards be removed to the district court before judgment shall be given therein in the inferior court.
CI. The clerk of the district courts shall carefully preserve all such petitions for writs of certiorari, with the affidavits thereto, in the office; and if any person in such affidavit shall make a false oath, and be thereof convicted, upon a prosecution commenced within iwelve months afier the offence committed, such offend