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tions about the legality of evidence, and other matters of law which may arise For which trials, they shall cause the sheriff of the county wherein the assize court is to be held, who shall attend them throughout their whole session, to empannel and reture jurors of the bystanders,

qualified as the law directs, to be sworn of juriese se They shall certify under their havds and seals, upon or with each record transmitted, the verdict

that tified to gen

Verdicts cershall be given therein, together with such demurrers, eral court. exceptions to evidence, or exceptions to the opinion of the court, as they shall be desired hy either party to cere tily, according to the truth of the case; whicli verdicts and other certificates, the clerks of assize shall in convenient time before the succeeding general court return to the clerks office in the general court. On the return

Judgment, of the postea, or certificate as aforesaid, to the clerk's on povted, office of the general court, in all, such cases where a when enter. general verdict shall be given for either party, and there ed. be no exceptipis centified as aforesaid, and where no reasons are filed to stay judgment within fourteen days after the return of the postea as aforesaid, the general court at their next succeeding terun, shall enter up judge ment upon such verdiets, and an execution may issue thereupon. And in all such cases' wherein a special verdict shall be given, exceptions certified, or reasons sled in arrest of judgment, the clerk of the general court shall pat them on a docket for argument at the following general conrt. The judges of the general court shall, nevertheless, for good cause shewn, have Trials at bar. power to order any issae, or writ of inquiry of damages in a suit depending before them, to be tried at their own bar. The judges of the court of appeals shall, and they are hereby authorized and empowered, to appoint Clerks of as. a clerk for each assize court, who shall continue in of size, how apfice during good behaviour, and shall keep his office ure of office and reside in the county where the assize court is to be and duty. held, attend the said courts of assize during their site tags, and make due entries and certificates of all matfers and sking's as he shall be directed by the said courts of assize; he shall issue subpæpas for witnesses for either party upon the recneds sent him, and shall do all other things which the duty of his offioe may requires for wbich he shall be allowed such fees as by law shall he established, and none other. The said clerk sball Docketa


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also prepare a docket of all the causes so transmitted
by the clerk of the general court, setting them down in
the same order as they stand in the course of the

proDepositions, ceedings. All depositions taken in any suit so sent to

be tried at any of the assizes, shall be transmitted to

gether with the record. All writs of habeas corpus Habeas Cor- which shall be sued out during the session of assize, pus. shall be returnable before the assize court of the eircuit

in which the prisoner .
of assize shall have listed. And the said courts

Criminal ju- alt treasons, felonies, murders, and other crimes and

misdemeanors, which shall be brought before them; for

which purpose, whenever any county court shall order Proceedings a prisoner for farther trial, they, or any one of the juge therein. dices who sat in such court on the examination of the

prisoner, shall, by warrant from under his or their
hands and seals, direct the sheriff

' or his deputies to re-
move the prisoner and commit him to the gaol of that
assize court at which the issues in civil causes for the
coonty from whence he is removed are herein

directed to be tried, which warrant the sheriff is hereby directed to obey, and may be furnished with powers to impress men for the safe-guard of such prisoners in like manner as is practiced in the removal of criminals to the publie gaol. And the elerk of the county from whence suche prisoner is removed, shall immediately after the court held for his county, opon the examination of such

prisoner, issue a writ of vepire facias to the sheriff of ********* the county, commanding him to summon twelve good

and lawful meu, being freeholders of the county, to
come before the court of assize where the prisoner is to
be tried at 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 lawfiil men of the bystanders, being
*** freeholders of the assize district, as will make up the

number twelve, shall be a lawful jury for the trial of such
prisoner. If a prisoner sball desire any witnesses to be
summoned for him or her to appear on the trial at the
assizes, the clerk of assize shall issue subpoenas for
such witnessess. The keeper of the respective assize
goals, by order of any two justices of the same county,
may impress guards for the safe keeping of all priso-
ners in their custody, to be

paid by the public. The
sheriff of each of the counties wherein an assize court

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by this act is directed to be held, shall, before every meeting of the assize court in their respective counties, summon twenty four freeholders out of the counties assigned to the assize court for the distriet in which they never respectively reside, qualified as the law directs for grand ***** jurors, to appear af- the succeeding courts of assize; *** which twenty four men, or

any sixtees of them, shall be a grand jury, and shall inquire of, and present all treasons, murders, felonies, or other misdemeanors whatsoever, which shall have been committed within the jurisdiction of such assizs courts respectively. Upon any indietment for a capital offence being found by the grand jury to be true against any person or persons, the court of assize, before whom the indictment shall be found, shall cause such person or persons to be immediately arraigned, and tried by a petit jury summoned, as herein before is directed; and he, she, or they, being found guilty, to pass such judgment as the law

directs, and thereupon award execution; and if the prisoner shall be found not guilty, to acquit him or ber of 232 2.

the charge. Provided, That on all trials, the prisoner shall be allowed counsel upon petition; and when sentence of death shall be passed upon any prisoner, there shall be one calendar month at least between sentence and execution. Upon the trial of any prisoner for any offence punishable capitally, if a bill of exceptions for demurrer to evidence shall be offered on behalf of the prisoner, and a verdict

shall afterwards be found against him, and the court of assize, before whom the trial is had, shall be divided in opinion, or entertain doabts about the propriety of such exceptions or demurrers, or where only one judge shall attend or be present, then he shall not finally determine such exception or demur rer, but in all such cases the sentence shall, by order of such judges or judge, be suspended until the same shall be determined by the

general court, before whom such demurrer or bill of exceptions shall be laid on the first day of the next succeeding term; and if the judges of the general court shall be of opinion that no good cause

is shewn to the contrary, execution of the sentence shall forthwith take place, in the same manner as if such demarrer or bill of exeeptions had never been offered.

The judges of the general court may, upon good cause shewn, order any prisoner committed to the goal of a circait, to be removed by habeas corpus to be tried at

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assembly, coming within the purview and meaning of this act, shall be, and they are hereby repealed. This Commenceaet shall commence and be in force on the first day of ment of acts January, one thousand seven hundred and eighty-six.


• [Chap. XLT

in orginal] An act for keeping in repair the pass

at Rockfish Gap. WHEREAS it would greatly contribute to the ease and convenience of many counties to the westward of the Blue Ridge, that the pass through the same, at the place known by the name of Rockfish Gap, should be made as easy and accessible as possible: And whereas it would peculiarly contribute to the benefit of the

counties of Augusta and Rockbridge, that the great road leading through the said gap, should not only for the present be repaired, but also kept in repair; and as the said counties are willing to be at the expence thereof,

11 Be it enacted, That the magistrates for the coun- Provision for ties of Augusta and Rockbridge, at their respective keeping the courts to be held in the month of February vext, are road over hereby directed and required, to assess on each titha- in repair, ble in the said counties the sum of twelve pence, for the by the courts purpose of repairing the said road; and that, on ten of Augusta days after holding the said courts, a list of the titha, bridge. bles, with the tax' annexed to each, shall be delivered to the sheriffs of the respective counties, who shall collect the same, as other taxes are, and make return thereof to their respective courts within six months; for which they shall be allowed five per cent. to be paid out of the money by them collected.

III. And be it further enarred, Thai the said courts shall appointa commissioner, in whose hands the mos ney collected as above, shall be deposited, and shall pay out the same agreeable to the directions of the court of Augusta, who are hereby empowered, and di


Rockfish gap

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