Copy of indictment and

panel.

Trial,counsel

panel of the jurors who are to try him, whensoever he Shall require it before trial or sentence. And when any of the panel shall be challenged by the attorney for the commonwealth, he shall assign the cause of his chal- Challenge lenge, which shall be enquired of according to law. When the grand jury shall have presented to the general court, any bit of indictment against one charged with treason or felony, the court shall cause the offender, if he be not forthcoming immediately, or so soon as may be, to be arraigned and tried the same term, unless they see good cause to adjourn the trial to the next, and shall allow him counsel to assist him at his trial, if he desire it. When any prisoner, committed for treason or felony, and applying to the general court by petition or motion, the first day of the term, shall desire to be brought to his trial before the end thereof, and shall not be indicted in that term, unless it appear by affidavit that the witnesses against him cannot be produced in time; the court shall set him at liberty, upon his giving bail in such penalty as they shall Bail, if not think reasonable, to appear before them at a day to be tried. appointed of the succeeding term, and he and every other person charged with such crime, who shall not be indicted before or at the second term after he shall have been committed, unless the attendance of the witnesses against him appears to have been prevented by himself, shall be discharged from his imprisonment, if he be detained for that cause only; and if he be not tried at or before the third term after his examination before the justices, shall be forever discharged of the crime. The clerk of the peace, when the justices of his county Witness for shall have determined that a prisoner ought to be tried prisoner. in the general court, shall deliver subpoenas for summoning his witnesses, to him or any person on his behalf, requiring them, returnable at the same time as the witnesses for the coinmonwealth shall be bound to appear, which subpoenas, the officers, to whom they shall be directed, shall obey; and the clerk of the general court shall cause subpoenas for the same purpose, and at the like request, to be delivered to the prisoner, or his agent, and the witnesses for the prisoner shall be examined upon oath, in the same manner as other witnesses. The keeper of the public jail, by warrant of any two justices of his county, may impress so many men to attend him for the safeguard of prisoners in

Guards

tried.

his custody, and during such time as shall be men tioned in the warrant, so as no one of them be compelled to attend more than one day in a week, the charge Present, whereof shall be defrayed by the public. In a prements, how sentment to the county court, if the penalty of the offence exceed not thirty shillings, or three hundred pounds of tobacco, or to the general court if the penalty exceed not five pounds of current money, or one thousand pounds of tobacco, no information thereupon shall be filed, but a summons shall be issued against the defendant to answer the presentment, and such summons having been served upon him, or a copy thereof having been left at the place of his usual abode, where the prosecution shall be in the county court, at least ten days before the return day, if he do not appear, judgment shall be entered against him for the penalty, and if he do appear, the court shall in a summary way, without a jury, hear and determine the matter of the presentment, in the form in which it shall have been made, and give judgment thereupon according to law and the very right of the cause, disregarding any exception that may or might be taken to the form of the presentment. Execution of a sentence of death shall not be done in less than thirty days after judgment shall have been given against the prisoner. Criminal All such expences as shall be incurred by the apprecharges, how hension, commitment, examination, and removal of paid.

offenders, triable in the general court only, shall be defrayed by the county wherein the matter shall have been transacted, and reimbursed by the public. The clerk of the general court shall enter in books, to be kept for that purpose, the names of jurors attending for the trials of prisoners, and the names of witnesses, appearing on behalf of the commonwealth, against them, with accounts of the days they shall have attended, and certify such entries to the board of audi

tors.

CHAP. LVIII.

An act directing the method of trying Slaves charged with treason or felony.

From Rev. Bills of 1779%, ch CIV.

Court for

trial of slaves.

1. BE it enacted by the General Assembly, That the justices of every county shall be justices of oyer and terminer for trying slaves charged with treason or felony: Which trials shall be by five at the least without juries upon legal evidence at such times as the sheriffs shall appoint, not being less than five nor more than ten days after the offenders shall have been committed to jail. No slave shall be condemned in any Must be unasuch case unless all of the justices sitting upon his or nimous, to her trial shall agree in opinion that the prisoner is convict. guilty. Provided always, That when judgment of death shall be passed upon any such offender there shall be thirty days at least between the time of passing judgment and the day of execution, except in cases of ecution. conspiracy, insurrection, or rebellion. The value of a slave condemned to die, who shall suffer accordingly, or before execution of the sentence perish, to be estimated by the justices triers, shall be paid by the public to the owner. One being detained in slavery, and Slave sning having commenced an action to assert his freedom, for freedom, shall be prosecuted and tried for any such crime in the how tried. same manner as a free man ought to be prosecuted and

tried.

Time be. tween sentence and ex

Value, how

estimated and paid.

No person having interest in a slave shall sit Who may sit upon the trial of such slave.

on trial.

CHAP. LIX.

An act for reforming the method of proceeding in writs of right.

1. BE it enacted by the General Assembly, That for trial of disputed titles to lands in a more simple mode than that which hath most commonly been used VOL. XII.

T 2

From Rev Bills of 1779, ch. CV.

Writs of right

mode of pro ceeding in.

Praecipe.

Count.

Plea.

of late, the claimant or demandant of an estate in fee
simple may sue forth against the possessor or tenant a
writ of præcipe quad reddat; which issuing from the
general court shall be in this form or to this effect:-
"The commonwealth of Virginia to the sheriff of E,
greeting, command C. D. that he justly and without
delay, render unto A. B.
tenement contain-
of land, with the appurtenances in the
county of E, which he claimeth to be his right, and
whereof he complaineth that the aforesaid C. D. doth
withhold the possession. And unless he shall do so
then summon the said C. D. that he appear before the
justices of our general court at

ing

on the
day of the next court, to shew wherefore he hath not
done it. And have you then there this writ. Witness
chief justice of our said court at
in the year

day of

the
And issuing from the court of a county, city, or bo-
rough in the like form with necessary alterations; and
shall be directed to the sheriff of that county, or the
proper officer of that city or borough wherein the ten-
ant resideth, or that wherein was his last place of a-
bode. Upon which writ the court shall be in this
form or to this effect: "E to wit: A. B. by F. G. his
attorney, demands against C. D.

tenement,

containing
of land with the appurtenances in
the county of E and bounded by
And where-
upon the said A. B. saith that he hath right to have
the tenement aforesaid, with the appurtenances, and
offereth proof that such is his right." If several tene-
ments be demanded in the same count, the contents,
situations and boundaries of each shall be inserted
therein. To which count the tenant may plead in this
form or to this effect: "And the aforesaid C. D. by
H. I. his attorney cometh and defendeth the right of
the said A. B. when and where it behoveth him and all
that concerneth it, and whatsoever he ought to defend,
and chiefly the tenement aforesaid with the appurte-
nauces, as of right namely
tenement contain-
of land in the county of E, and bounded
and putteth himself upon the assize, and
prayeth recognition to be made, whether he hath great-

ing

by

* So in original, but it should be count, as in Revised bills of 1779, ch 105.

Charge to

jury.

er right to hold the tenement aforesaid with the appurtenances, as he now holdeth it (or them) or the said A. B. to have it as he now demandeth it (or them.") And to such plea the replication shall be in this form or to this effect: "And the aforesaid A. B. Replication. in like manner putteth himself upon the assize, and prayeth recognition to be made whether he hath greater right to hold the tenement aforesaid as he demandeth, or the said C. D. as he holdeth it (or them.") Whereupon twelve good and lawful men, qualified as jurors. are required to be, shall be elected, tried, and charged, as the manner is, to make recognition of the assize; which charge shall be in this form or to this effect: "You shall say the truth whether C. D. hath more right to hold the tenement which A. B. demandeth against him, by his writ of right, or A. B. to have it (or them) as he demandeth." And at the trial, any mat- Evidence. ter may be given in evidence which might have been specially pleaded. And upon the verdict, or in the case of a demurrer, the like judgment shall be given, and upon such judgment, the like execution awarded, as in case of a writ of right; and the party, for whom judgment shall be given, shall recover his costs of suit; and the demandant, if he recover his seisin, may also recover damages to be assessed by the recognitors of assize, for the tenants withholding possession of the tenement demanded. Where the præcipe quad reddat shall issue from the general court, if return thereof be made that the tenant is not found in the bailiwick of the officer to whom it was directed, the demandant may sue forth a writ of exigi facias in this form or to this effect: "The commonwealth of Virginia to the Exigi factaa. sheriff of E, greeting. We command you that you cause C. D. to be required, from county court to county court, until five courts be passed, if he doth not appear, and if he doth appear, then summon him that he be before the justices of our general court, at

on the

he hath not taining

county of E. Witness

at

day of the next court, to shew wherefore rendered unto A. B.

the

tenement con

of land, with the appurtenances in the
And have you then there this writ.-
chief justice of our said, court
in the year

day of
And when the residence or last place of

abode of the tenant shall be out of the county, in which

Verd.ct