Page:Notes on the State of Virginia (1802).djvu/194

180 honeſt men gives ſtill a better chance of juſt deciſion, than the hazard of croſs and pile. Theſe judges execute their proceſs by the ſheriff or coroner of the county, or by conſtables of their own appointment. If any free perſon commit an offence againſt the commonwealth, if it be below the degree of felony, he is bound by a juſtice to appear before their court, to anſwer it on indictment or information. If it amount to felony, he is committed to jail, a court of theſe juſtices is called; if they on examination think him guilty, they ſend him to the jail of the general court, before which court he is to be tried firſt by a grand jury of 24, of whom 13 muſt concur in opinion: if they find him guilty, he is then tried by a jury of 12 men of the county where the offence was committed, and by their virdict, which muſt be unanimous, he is acquitted or condemned without appeal. If the criminal be a ſlave the trial by the county court is final. In every caſe however, except that of high treaſon, there reſides in the governor a power of pardon. In high treaſon, the pardon can only flow from the general aſſembly. In civil matters theſe juſtices have juriſdiction in all caſes of whatever value, not appertaining to the department of the admiralty. This juriſdiction is two-fold. If the matter in dispute be of leſs value than four dollars and one-ſixth, a ſingle member may try it at any time and place within his county, and may award execution on the goods of the party caſt. If it be of that or greater value, it is determinable before the county court, which conſiſts of four at the leaſt of thoſe juſtices, and aſſemblies at the court-houſe of the county on a certain day in every month. From their determination, if the matter be of the