Proceedings in Criminal Cases

June 3, 1867


In the most recent legislature meeting for Richmond, the government changed the Code for the laws of Richmond.Words such as white and slave have been omitted in order to create more equality under the law.


Proceedings in Criminal Cases. We have referred heretofore to the fact it the last Legislature materially changed the law of the State in regard to proceedings in criminal cases. The changes made in the Code are as follows: In Chapter CCI. 8. The word "white" is stricken out. 9. Changed so as to make no distinction between whites and blacks. Both are required to give recognizances. 10. The word "free" omitted in the first line, and the words "at which a grand jury may be impannelled" in the ninth line. 15. The last seven lines are omitted, and the following substituted: "And they shall be authorized to search for stolen property at any time upon the application of any one who will make affidavit before the captain, or any member of such police, or a justice of the peace, that he has lost property of a certain description, and that he has reason to suspect that it is concealed in the house or on the premises of a certain named person or persons." In Chapter CCII. 7. The words "examination or" omitted. 9. Changed so as to make no difference between whites and blacks. In Chapter CCIII. 2. The "fifthly" and "sixthly" omitted. 3. Changed so as to authorize the search of any place either in the day or night upon a search-warrant issued by a single justice. 4. The words relative to slaves are omitted. In Chapter CCIV. 6. First sentence changed so as to allow a justice to bail parties, the words "county or corporation court" and "in vacation" being omitted. Second sentence, the words "or justice in or out of court " omitted. Third sentence changed so as to allow county court, or hustings court, or any judge of a circuit court, to bail before conviction. 15. The words "and when he is not trying him under chapter 212" omitted. 16. All words referring to an examining court are omitted. The word "bailed" changed to "recognize." In Chapter CCV. This whole chapter is stricken out of the Code, so that there are to be no examining courts after the 1st of July. IN CHAPTER CCV. We copy the entire first section: "1. There shall be a grand jury at each regular term of a circuit court, and at only two of the quarterly terms of the courts of any county or corporation (to be designated by such court) except the corporation of Richmond, and at the terms of the corporation court of Richmond in February, May, August, and November, and at each of the quarterly terms of the corporation courts of Norfolk, Alexandria, and Lynchburg. But it shall be competent for the court of any county or corporation - all the justices of such county or corporation having been summoned for the purpose, and a majority of those present to provide that there shall be a grand jury at more than two quarterly terms of said court: Provided, however, said court may at any time, and in like manner, after the adoption of the said provision, dispense with the additional grand jury or grand juries herein provided for. But it shall be lawful for a circuit court, at a special term thereof, whenever it shall deem it proper to do so, to order a grand jury to be summoned to consider any offences against the laws." 7. The words "in a circuit court" omitted. Also, all the section after the words "five dollars " is omitted.
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“Proceedings in Criminal Cases,” Reconstructing Virginia, accessed December 11, 2018,