The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-03-07

An Act 10 Amend the 13th 18th, 10th and 42d
Sections Of Chapter 1S2 of the Code, and to
Repeal the 1lth, 12th, nth, 18th, 10Th and Goth
Sections of Said Chapter, i'll Relation to APP
peals and Writs of Error and SuperSedeas.-
Passed March 3, 1866
BE it enacted Jy the General assembly Of Fir-
ginia, That sections lS, 10, l6 and AZ of chapter
IS2 of the Code of Virginia, edition of 1860,
be amended and re enacted as follows:
"SRcrIoS IS. The petition shall be rejected
when it is for an appeal from an interlocutory
decree or order in a case which the court or
Judge to whom it is presented deems it most
proper should be proceeded In farther in the
court below before an appeal is allowed
therein. In a case wherein the court or
Judge to whom a petition Is duly pre-.
or order plainly right, and reject II on
that ground, if the order of rejection so state,
and the rejection be by the court in term, no
other petition shall afterwards he presented 10
the same purpose, TO an appeliate court
or Judge thereof, and founded upon the relec-
tion of the petition by the inferior tribunal. "
"SBcTIoS Is. Every appeal, writ OF error,
or supersedeas, shall, when it is to or from a
Judgment, decree, or order, of the courtof any
county or corporation, be docketed in the cir
cult court which has jurisdiction over such
county or corporation; when 1t is TO or from
Judgment, decree, or order, of any circuit court,
Ii shall be docke ted In the district court OF the
district in which such circuit court is; and
Supreme Court of Appeals. The clerk of the
court wherein 1t is docketed shall, in case In
which it is allowed on petition, issue sum-
mons against the parties interested other than
the petitioners, that they may be heard, and
also issue any supersedeas which may be
awarded.
"SEcrIoS l6. No appeal, writ of error, or
supersedeas, shall be allowed to or from a
! Judgment, decree, or order, Of district court,
in any case in which the judgment, decree, or
order, of the circuit court is wholly affrmed
as TO matters Of substance, unless the said dis
trict court shall enter of record, at the same
term at which the case is decided, that 1t in
yolyed questions of such novelty or difficulty
as to make it proper that ii should be finally
determined in the Supreme Court OF Appeals.
In any such case, and in any other case de-
cided in district court in which the supreme
Court Of Appeals Is not prohibited by the
Constitution from taking jurisdiction, an ap-
peal, writ of error, or supersedeas, SHAH lie TO
or from the Supreme Court of Appeals"
"i2 BY consent of the parties, or their
counsel, or for good cause shown, a pending
cause may be transferred from district TO
another district court, or from the Supreme
Court Of Appeals to district court"
9. That sections IL, u, IL, Is, ls, and 20, OF
the same chapter be, and the same are hereby,
repealed.
at their discretion, transfer the cases now
pending In said court, or any of them, TO the
several district courts in which they would
be seyerally docketed If new cases, according
10 the provisions of this act and OF chapter
ls2 OF the Code as herein amended, and when
any case is so transferred IL shall be subject 10
the said provisions In all respects as II 1t were
new case.