Verdicts cer

ed.

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 return jurors of the bystanders, qualified as the law directs, to be sworn of ju ries. They shall certify under their hands and seals, upon or with each record transmitted, the verdict that tified to genshall 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 by either party to cer tify, according to the truth of the case; which 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 of the posten, or certificate as aforesaid, to the clerk's on posted, Judgment, office of the general court, in all such cases where a when entergeneral verdict shall be given for either party, and there be no exceptions certified 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 term, shall enter up judg ment upon such verdicts, and an execution may issue thereupon. And in all such cases wherein a special verdict shall be given, exceptions certified, or reasons filed in arrest of judgment, the clerk of the general court shall put them on a docket for argument at the following general court. The judges of the general court shall, nevertheless, for good cause shewn, have Trials at bar. power to order any issue, 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 asa clerk for each assize court, who shall continue in of size, how appointed, tenfice 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 tings, and make due entries and certificates of all mat tens and things as he shall be directed by the said courts of assize; he shall issue subpoenas for witnesses for either party upon the records sent him, and shall do all other things which the duty of his office may requires for which be shall be allowed such fees as by law shall be established, and none other. The said clerk shall Dockets D.3

N

20

risdiction.

therein.

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 together with the record. All writs of habeas corpus Habeas Cor- which shall be sued out during the session of assize, pus. s.shall be returnable before the assize court of the circuit Bets in which the prisoner is detained. And, the said courts of assize shall have full power to hear and determine Criminal ju- all 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 further trial, they, or any one of the justices 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 remove the prisoner and commit him to the gaol of that assize court at which the issues in civil causes for the county 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 public gaol. And the clerk of the county from whence such prisoner is removed, shall immediately after the court held for his county, upon the examination of such prisoner, issue 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, 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 Sa appear, not being challenged, together with so many other good and lawful 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 shall 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 prisoThe ners in their custody, to be paid by the public. sheriff of each of the counties wherein an assize court

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 district in which they respectively reside, qualified as the law directs for grand **** jurors, to appear at the succeeding court of assize; which twenty four men, or any sixteen 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 assize courts respectively. Upon any indictment 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 her ofna. the charge. Provided, That on all trials, the prisoner shall be allowed counsel upon petition; and when sen tence 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 or 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 doubts 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 demurrer, 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 demurrer or bill of exceptions had never been offered. The judges of the general court may, upon good cause shewn, order any prisoner committed to the goal of a circuit, to be removed by habeas corpus to be tried at

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 act January, one thousand seven hundred and eighty-six.

CHAP. II.

An act for keeping in repair the pass at Rockfish Gap.

WHEREAS it would greatly contribute to the case 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,

H. Be it

[Chap. XLI in original.]

ties of Anacted, That the magistrates for the coun- Provision for

and Rock

ties of Augusta and Rockbridge, at their respective keeping the courts to be held in the month of February next, are road over Rockfish gap 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.

II. And be it further enacted, That the said courts shall appoint a commissioner, in whose hands the money 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