and the clerk, as soon as may be, shall inform the attorney for the commonwealth in said court of such certificate.* Recognizances certified to clerk of the court. ch. 199, § 17 17. Every examination and recognizance taken under this Code of 1873, chapter, shall, by the judge or justice taking it, be certified to Supra, § 15 the clerk of the court before which the party charged is to appear, on or before the first day of its session. If he fail, he may be compelled to do so by attachment, as for a contempt. Justice may associate other justices with him. 199, 18 18. A justice to whom complaint is made, or before whom Code of 1873, ch. a prisoner is brought, may associate with him elf one or Supra, ? 15 more justices of the county or corporation, and they may together execute the powers and duties before mentioned. Party committed for misdemeanor in certain cases to be discharged; when accused may be witness. ch. 199, 19 19. If a person be in jail or under recognizance to answer Code of 1873, a charge of assault and battery or other misdemeanor, for Supra, § 15 which there is a remedy by civil action, unless the offence was committed by or upon a sheriff or other officer of justice, or riotously, or with intent to commit a felony, if the party injured appear before the judge or justice who made the commitment or took the recognizance, and acknowledge in writing that he has received satisfaction for the injury, such judge or justice, in his discretion, may, by an order under his hand, supersede the commitment or discharge the recognizance as to the accused and witnesses. Hereafter, in all prosecutions for assault and battery and unlawful trespass, the accused may be sworn and examined as a witness in his own behalf. When and to whom order discharging recognizance or superseding commitment to be returned. 20. Every order discharging a recognizance shall be filed Code of 1873, § 20, p. 1235 with the clerk before the session of the court at which the Supra, § 15 *2 Va. Cas. 504; 3 Leigh, 561; 1 Rob. 744; 10 Gratt., 667; 15 Id, 381; 18 Id., 969, 994; 28 Id., 891. party was to appear, and an order superseding a commitment shall be delivered to the jailor, who shall forthwith discharge the witnesses (if any) and the accused, and against him judg. ment shall be entered in the said court for the costs of the prosecution. Where accused is bailed, sufficient security to be taken. 21. In all cases where the accused is let to bail with security, the officer taking such bail shall require sufficient security. ch. 206, § 2, p. 766 1852-3, ch. 27, § 4, p. 43 1855-6, ch. 215, P. 146 Code of 1860, ch. 206, § 1, p. 829 Grand jury terms; how many and how designated. 1. There shall be a regular grand jury at two terms in each year, of the county, corporation, and hustings courts, to be designated by the judges of said courts, and as many 1869-70, ch. 91, p. special grand juries as may be ordered in the manner hereinafter provided. 1866-7, p. 857 111 Id., ch. 148, p. 190 Jurors, how selected; list to be furnished to officer; how jury is summoned. 2. The county, corporation, and hustings judges of each county, city, and town, shall, in the month of August of each year, select from the qualified voters of said counties, cities, and towns, 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 twelve months next thereafter; such jurors shall be selected from the several magisterial districts of the counties and wards of the cities and towns, in proportion to the population thereof, and a list of such jurors shall at once be furnished to the clerk of the court whose judge makes the selection. Whenever a grand jury is ordered by such court, the clerk shall as soon as may be, but not more than twenty days before the jury is wanted, issue a venire facias to the sheriff of the county, or sergeant of the city or town, comm nling him to summons of such persons so selected, who are to be named in the writ, the maximum number prescribed for the grand jury ordered to appear at the time directed by the judge or 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, rateably among the magisterial districts or wards.* Who are qualified, and the number to be summoned. Each 3. A regular grand jury shall consist of not less than sixteen nor more than twenty-four persons; and a special grand jury of not less than six nor more than nine persons. grand juror shall be a citizen of this state, and of the county or corporation in which the court is to be held, and 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 or town having a corporation or hustings court.† Special grand jury; how ordered, and the number summoned. Code of 1873, ch. 200, § 4 ch. 200, §§ 4, 5, 4. A spe ial grand jury may be ordered at any time by a Code of 1873, county, corporation, or hustings court, or the judge thereof pp. 1236-7 in vacation; and where a grand jury, regular or special, has been discharged, the court, during the same term, may impannel another and special grand jury. Where a special grand jury is ordered in vacation, the judge shall notify the clerk of his court of the time at which such jury is required; and thereupon said clerk shall issue a venire facias, as hereinbefore prescribed. *26 Gratt., 976. † 1 Va. Cas., 186; 2 Id., 20, 29, 318; 2 Leigh, 739; 5 Id., 743; 9 Id., 639. 651; 6 Gratt., 711, 747; 16 Id., 519, 527; Const. Va., art. III, §§ 1, 3. 26 Gratt., 976. Code of 1873, ch. 200, § 5 1 R. C., § 3, p. 265 1237 Supra, § 1 1870, ch. 397, §8, p. 552 Code of 1873, $7, p. 1237 Supra, § 1 1870, § 8, p. 552 Code of 1873, § 8, p. 1237 Supra, § 1 Vacancies in grand jury, or its foreman, by failure to attend; how supplied. 5. If, at any time before or after a grand jury is sworn, a sufficient number of grand jurors, selected as heretofore prescribed, do not appear, the court may direct the vacancies to be supplied from the bystanders, or from a list to be furnished by the judge to the sheriff or sergeant. If at any time the foreman of a grand jury fail to attend, or cannot serve, the court may select and swear another juror as foreman.* How grand juries are sworn. 6. From among the persons so summoned who attend, the court shall select a foreman, who shall be sworn as follows: "You shall diligently enquire, and true presentments make, of all such matters as may be given you in charge, or come to your knowledge, touching the present service. You shall present no person through prejudice or ill-will, nor leave any unpresented through fear or favor, but in all your presentments you shall present the truth, the whole truth, and nothing but the truth. So help you God." The other grand jurors shall afterwards be sworn as follows: "The same oath t at your foreman has taken on his part, you and each of you shall observe and keep on your part. So help you God." Grand jury to be charged. 7. The grand jury, after being sworn, shall be charged by the judge of the court, and shall then be sent to their room. Duty of grand jury. 8. The grand jury shall enquire of and present all felonies, misdemeanors, and violations of penal laws, committed within the jurisdiction of the respective courts wherein they are sworn; except that no presentment shall be made of a matter for which there is no corporeal punishment, but only a fine, where the fine is limited to an amount not exceeding five dollars.t *4 Leigh, 645. + 2 Va. Cas., 171; Davis' Gr. L., 425. How indictments found and presentments made. 29. p. 1237 9. At least twelve of a regular grand jury, and five of a Code of 1873, special grand jury, must concur in finding or making an supra, § 1 indictment or presentment. They may make a presentment upon the information of two or more of their own body, and when a presentment is so made 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.* Indictments ignored, may be sent to another grand jury. § 10, p. 1237 10. Although a bill of indictment be returned not a true Code of 1873, bill, another bill of indictment against the same person, for supra, § 1 the same offence, may be sent to, and acted on, by the same or another grand jury. No irregularity in the time or manner of selecting the jurors, or in the writ of venire facias, or in the manner of executing the same, shall vitiate any presentment, indictment, or finding of a grand jury. Penalties on officers and jurors for failing to perform duties. 200, 12, p. 1238 supra, § 1 11. A court whose officer shall fail, when it is his duty to Code of 1873, ch. summon a grand jury and return a list of their names, shall fine him twenty dollars. A person summoned, and failing to attend a court as a grand juror, shall be fined by said court not less than five dollars, unless, after being summoned to show cause against the fine, he give a reasonable excuse for his failure. Compensation allowed grand jurors. ch. 162, § 27 12. Every person who shall serve upon a grand jury shall Code of 1873, be entitled to receive one dollar for each day's service on such jury, to be paid out of the county or corporation levy. * 2 Va. Cas., 483, 527; 8 Leigh, 722; 10 Id., 719; 5 Gratt., 702; 21 Id., 854. |