CHAPTER CLI. GENERAL PROVISIONS RELATING TO COURTS. 1887, p. 291. Sec. 3111 a. Three judges may hold court of appeals; adjournments Extra Session of courts. The supreme and every special court of appeals may be held by any three or more of the judges of such court. Any such court or any other court may at any term, whether regular or special, adjourn from day to day until the business before it is dispatched or until the end of its term. The judge of the circuit court for the city of Richmond and the county of Henrico and the judge of the circuit court of the city of Petersburg and the judge of the circuit court of Lynchburg shall be and they are hereby authorized to adjourn the said courts during the terms thereof for a period not exceeding thirty days. Sec. 3114. [89 Va. 679; 91 Va. 796; 92 Va. 794.] 1893-4, p. 236. Amendment Sec. 3122. Provisions for opening a court or for its sitting where it As Amended fails to meet on day appointed or to which it is adjourned.—Though a Previous court be not held on the first day of a term it may nevertheless be opened 1891-2, p. 806. on any subsequent day if, in the case of a circuit, county, or corporation 91 Va. 741. court, the same be done before four o'clock in the afternoon of the third day. After a court is opened it shall during the term adjourn from day to day and not otherwise; and if it fail to sit on any day to which it is adjourned it may nevertheless sit on any subsequent day of the term: provided, in the case of a circuit, county, or corporation court there be not more than three consecutive days of such failure; but a circuit court after having been in session for six days may take a recess for a period not exceeding twenty days and a corporation court after having been in session for ten days may take a recess for a period not exceeding six days. Sec. 3123. [91 Va. 741.] Sec. 3124. [88 Va 591.] Sec. 3129. [93 Va. 226; 2 Va. L. R. 376.] Sec. 3129 a. What judges may practice law.-No one holding the 1887-8, p. 433. office of judge in this state shall practice law therein during his continuance in office except that it shall be lawful for a judge of a corporation or hustings court whose salary does not exceed sixteen hundred dollars and a judge of a county court if a licensed lawyer to appear as attorney at law in any case not pending in their respective courts or which cannot be carried into the same or has not been taken therefrom by appeal or otherwise. CHAPTER CLII. OF JURIES IN CIVIL CASES. Previous Amendment 1891-2, p. 1084. Sec. 3140. Who are exempt.-The governor and lieutenant-governor As Amended of the state, practicing attorneys, licensed practicing physicians, registered 1893-4, p. 380. pharmacist where at any pharmacy only one such pharmacist is employed, officers of any court, telegraph operators actually employed as such, all pilots licensed under the laws of the United States or of this state, active members of the fire department of a city or town and the active officers and active members of any fire company therein not exceeding one hundred members for any one company, the vice-president of the United States, 1887-8, p. 124. As Amended 1889-90, p. 143. the members of both houses of congress and their respective officers but only while such houses of congress are actually in session, all custom-house officers with their clerks, all postmasters, post-officers, post-riders, and stagedrivers, and all other persons employed in the care and conveyance of the mails of the United States, all mariners actually employed in the service of any citizen or merchant within the United States, the secretary of the commonwealth, the attorney-general, treasurer, the two auditors, register of the land office, railroad commissioner, commissioner of agriculture, and superintendent of public instruction and their respective clerks, the doorkeeper of the executive, the clerks of both houses of the general assembly, the judge of any court, all professors, tutors, and pupils of public seminaries while such public seminaries are actually in session, all ministers of the gospel licensed to preach according to the rules of their sect, keepers of the county and corporation jails, superintendents and servants of the public hospitals and lunatic asylums, superintendent of the penitentiary, his assistants and the persons composing the guard, one cashier and two tellers of the several banks established by law, the police in cities and towns, the tipstaff and crier of the court of appeals during its sitting, all millers actually employed in the mechanical operation of any grist-mill, all ferrymen necessarily and personally employed in or at any ferry established by law, the six lock-keepers of the dismal swamp canal company, and the active non-commissioned officers and the active members of the Virginia volunteers together with the contributing members of said volunteer companies shall be exempt from serving on juries in civil and criminal cases, and the citizens of Tangier, Syxas, and Chincoteague islands in the county of Accomac, and Hogg's and Cobb's islands in the county of Northampton shall be exempt from jury service except service on grand juries. But to entitle the active officers and active members of the Virginia volunteers as well as the contributing members of said volunteer companies or the active officers and active members of a fire department not exceeding one hundred members for any one company to this exemption the captain or chief officer of any company of the Virginia volunteers or of such department shall annually on the first day of May furnish to the clerk of the county or corporation court of the county or corporation wherein such company or department is a list containing the name of each active officer and active member of his company of Virginia volunteers or the name of each active officer and active member of his department, and where there are contributing members to his company the name of each contributing member shall be likewise furnished. Sec. 3140 a. To exempt undertakers from jury service.—All undertakers who pay license tax as merchants be exempt from jury service. NOTE-Does not the subsequent passage of the foregoing amendment (section 3140), which does not exempt undertakers, in effect repeal this act? Sec. 3146. When and how ballots drawn, and what number; when venire facias issued and persons drawn summoned; return by officer; when ballot drawn to be returned to box or destroyed and another juror drawn.-The clerk of every county and corporation court shall at least ten days before any term of a court at which a jury may be necessary, to be designated by the judge thereof, after shaking and mixing together the ballots in the said jury box in the presence of the judge of such court if present, if not in the presence of the commonwealth's attorney or a commissioner in chancery of the circuit court of the county or corporation, openly draw therefrom twelve ballots (without inspecting the names written on any until the proper number is drawn), and forthwith issue and deliver a writ of venire facias to the proper officer of the county or corporation requiring him to summon the persons thus drawn, whose names shall be stated in the writ, together with the day of the term and the court at which their attendance is required; and it shall be the duty of the officer at least three days before the time of such attendance to summon each person who is drawn to attend the court at the time and place mentioned in the writ and to make due return thereof at the opening of such court. If any person whose name is so drawn is unable by reason of sickness, absence from home, or other cause to attend as a juror his name shall be returned to the box, or if he is exempt by law or his name has been struck from the jury list the ballot shall be destroyed and another juror shall be drawn in his stead. Sec. 3147. When and how court or judge may order greater number As Amended 1889-90, p. 144. of jurors; duty of clerk of circuit court in such cases; issue of venire facias. Whenever in the opinion of the circuit or county court of the county or the circuit or corporation court of the corporation or the judge thereof in vacation a greater number of jurors than twelve is necessary for the dispatch of business of said court such opinion shall be entered of record, together with the number of jurors deemed necessary. If the order is made by a circuit court or the judge thereof in vacation it shall be the duty of the clerk of such court at least twenty days before the jurors are required to attend to notify in writing the clerk of the county or corporation court of the number of jurors so ordered and the time and place at which their attendance is required, and the clerk of such county or corporation court shall issue the venire facias accordingly. Sec. 3152. [89 Va. 441] Sec. 3153. [84 Va. 492.] Sec. 3155. [83 Va. 51; 89 Va. 265.] 86 Va. 652. 89 Va. 441. Sec. 3156. Irregularity cured by verdict.-No irregularity in any writ As Amended of venire facias or in the drawing, summoning, returning, or empanelling of 1893-4, p. 494. jurors shall be sufficient to set aside a verdict unless the party making the 87 Va. 63. objection was injured by the irregularity or unless the objection was 90 Va. 785. made before the swearing of the jury; and no judgment shall be reversed 92 Va. 794. for the failure of the record to show that there was a venire facias unless made a ground of exception in the trial court before the jury is sworn. This act shall apply to jurors and juries in all cases, criminal as well as civil. Sec. 3160. Pay and mileage of jurors.-Every person summoned as a As Amended juror shall be entitled to one dollar for each day of attendance upon the 1895-6, p. 827. court and at the rate of four cents per mile for each mile of travel by most direct route in going to and returning from court, such mileage, however, in no case to exceed one dollar per day, such pay and mileage to be paid out of the county or corporation levy. And when during the same day a person has served as a juror for which he is entitled to be paid out of the public treasury and has also served as a juror for which he is entitled to be paid out of the county or corporation levy the court shall divide the pay and mileage for such day between the state and the county or corporation; and it shall be the duty of the sheriff or sergeant of the county or corporation court at the term of the court during which an allowance is made or has been made under this section to furnish the clerk of such court with a statement showing the number and names of the jurors in attendance upon the court and the number of miles respectively of travel as aforesaid. In every case the claim of the juror for attendance and for As Amended 1895-6, p. 484. mileage as aforesaid shall be verified by his affidavit: provided, however, that in cities where the jurors are summoned to attend courts held in said cities such jurors shall only receive fifty cents for each day of attendance upon said court without serving upon a jury. Sec. 3164. To transmit to auditor list of allowances against the state made to jurors, and to deliver to jurors copies of allowances made them; treasurers to pay jurors; how reimbursed; when payment of such allowances barred.-It shall be the duty of such clerk immediately after the adjournment of the court to transmit to the auditor of public accounts and also to the treasurer of the county or corporation a list of all orders under the preceding section making allowances against the commonwealth, with a certificate to the correctness of the list and the aggregate amount thereof signed by the judge of the court and himself annexed thereto, and also to deliver to each juror certified copies of any orders making an allowance to him, whether the same be payable by the commonwealth or by the county or corporation; and the treasurer of such county or corporation shall upon demand pay to such juror the amount allowed him, which shall be repaid to the said treasurer out of the public treasury or out of the county or corporation levy, as the case may be, upon the production of satisfactory proof that the same has been actually paid by him, but the said treasurer shall not be repaid any allowance made against the commonwealth unless it appears on the list herein directed to be sent to the auditor of public accounts; no such allowance shall be paid unless presented within two years from the time of rendering the service. Sec. 3166. [82 Va. 550, 553.] Sec. 3168. [87 Va. 130.] Sec. 3168 a. [Act of March 6, 1890, relating to trials by jury in cases where the commonwealth is defendant, repealed. Acts 1893-'94, page 126.] TITLE 47. CLERKS AND ATTORNEYS. As Amended 1891-2, p. 83. CHAPTER CLIII. OF CLERKS OF COURTS. Sec. 3174. Examination of clerk's office.-Before any vacancy existing or to occur in the office of clerk shall be filled the court or the judge thereof in vacation shall and at any other time may appoint two or more persons to examine the clerk's office. They shall examine the fee books and the condition of the records and papers in the office and report whether the clerk has faithfully discharged his duties. The court may allow to each person making such examination not exceeding five dollars a day, which if the examination be of the clerk's office of a county or corporation court shall be chargeable on such county or corporation, and in other cases shall be paid out of the treasury. Sec. 3184. Courts may have general index made to deed books, will As Amended 1891-2, p. 772. books, &c.; how deeds, wills, &c., when recorded to be indexed.— The court of every county and corporation wherein a general index to the deed books, will books, bond books, judgment lien docket books, minute books, and records of fiduciary accounts on file in the clerk's office of such county or corporation has not been provided, or wherein such general index has been provided and has become so defaced as to render another general index necessary and proper, or wherein the index does not show the Christian names or the initials of the grantor, grantee, or testator, may in its discretion appoint a suitable person whose duty it shall be to make a general index to such deed books in the full names of the grantor and grantee and a general index to the will books, bond books, judgment lien docket books, minute books, and records of fiduciary accounts, and the said court shall certify a proper allowance to the person so appointed as compensation for services performed under such order and direct warrant therefor payable out of the treasury of such county or corporation, and the board of supervisors of the county or the council of the corporation shall make sufficient levy for same. It shall be the duty of the clerk of every county and corporation court to index all recorded deeds, wills, bonds, docketed judgments, and fiduciary accounts as well as in the general index as in the deed books, will books, bond books, judgment lien docket books, minute books, and records of fiduciary accounts. CHAPTER CLIV. OF ATTORNEYS AT LAW GENERALLY. Previous Sec. 3191. How a person is licensed to practice law; certain licenses As Amended validated.—Any three or more judges of the supreme court of appeals act- 1895-6, p. 49. ing together may under such rules and regulations and upon such exami- Amendment nation both as to learning and character as may be prescribed by the said 1891-2, p. 209. court grant to any male citizen over the age of twenty-one years who has resided in this state six months preceding his application a license in writing to practice law in the courts of this state. And it shall be the duty of the supreme court of appeals as soon as practicable after the passage of this act to make and promulgate said rules and regulations.* All licenses granted or signed by any judge of the supreme court of appeals of this state since the fourteenth day of January, eighteen hundred and sixty-four, and all licenses heretofore legally granted shall be as valid as if granted under this act: provided, the attorney at law holding the same has already commenced the practice of his profession or shall commence the practice thereof within two years from the date of the granting of said license, otherwise the said attorney shall not practice in this state without first obtaining a license as provided by this act. As Amended Sec. 3192. Who may practice law in this state.-Any person duly authorized and practicing as counsel or attorney at law in any state or 1897-8, p. 400. territory of the United States or in the District of Columbia may practice as such in the courts of this state, but if such person shall reside or vote in the state of Virginia he shall pay the license prescribed by law in this state before being permitted to practice law therein. Sec. 3199. Certain officers, &c., forbidden to practice law in par- As Amended ticular courts. If any clerk, sheriff, or sergeant, or any deputy of either, 1893-4, p. 424. or any person interested in the profits of any such office shall act as attor *For rules and regulations licensing persons to practice law see 93 Va. page 5, and 2 Va. L. R. 910. For form of application, recommendation, and certificate see 3 Va. L. R. page 153. in front. |