86 Va. 661 | Va. | 1890
delivered the opinion of the court.
The date of the commission of the offense, as charged, was October, 1887. . Under the law in force at the time of the
At the time of the commission of the offense the law required that the prisoner should be sent before a justice of the peace to be examined. Acts 1885-6; Chahoon’s case, 20 Gratt., 764; Jackson’s case, 23 Gratt., 919; Butler v. Com., 81 Va., 161. But at the time of the trial, October, 1889, the present Code had gone into effect, and by section 4003 it is provided that, upon an indictment, the court shall award process, which shall be a capias, which was the method pursued in this case. And the sole question for us to determine in this case, is whether the proceedings of the court at the time should conform to the law at that time in existence or to the proceedings prescribed by the law in force when the crime was committed, in a case where the law, as to matters of form and procedure, has been changed between the period when the offence was committed and the period when the trial takes place.
By our constitution the legislature possesses all legislative power. It is the province of the legislature to enact laws, but upon well-settled principles, and by all known rules of interpretation, the general rule, as to its power, is prospective; it is endowed with power to enact laws. Laws are rules of civil conduct prescribed for, and attaching themselves to, the future actions of men. They must, from necessity and from their nature, be -prospective; otherwise they cannot be rules of civil conduct. Laws cannot attach themselves to conduct antecedent
In that case it was held that “ though at the time the felony charged was committed, and at the time of the arrest of the prisoner, the law in relation to called courts was unrepealed,
Judgment affirmed.