Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1873-12-02
Spirit Of getflrsoll.
Charlestoun. Jeisrsos County. west VI.
TUEsDAT9M0RNING, DECEMsER ., 1873.
SOME OF TIE LAWSi iPAssED.l

Is ~ - - eeS'sSAS~Sss
4 [From the Charleston geurier.J
We give below q list and nature of the laws
passed BY the Legislature during its present
session, and which being already signed by
the Governor, have become laws. Besides
those wesenumerate, sthereare others now il
the hands of the Governor, awaiting his ii sig,
nature. The laws are as follows
'ssAns act giving the consent of the Legisla.
ture Of West Virgins to the purchase BY the
United States, of land within this State for
public purposes" The bill originated in the
Senate and gives consent TO the Federal Gov.
eminent to purchase and hold tracts of land
for the purpose of erecting thereon lights
houses, beaeons, works for improving nayiga-
tlon, postothces, custom houses, or any other
needfnl public structures whatever, ,, and that
the quantity of land shall not exceed at apy
place, five acres. The. friends Of the James
River and Kanawha Canal, willrejoioe to see
that every facility is thus being used by the
Legislature, to secure to us the appropriation
proposed to be made by Congress, at it's next
session, for grand canal from the Atlantic to
the Mississippi Valley.
The next is Can act requiring the executive
officers of this State to certify the election Of
the members of the 43d Congress of the
United States, from the several districts of
this State" The bill originated in the House
of Delegates, and at the head of the bill is
recited, "Whereas the duty of ascertainine
who we're elected to the House of Represen-
tatives of the Congress of the United States
from the several districts of the State of West
Virginia, has not been performed by the officer
upon whom it was devolved by law, by reason
whereof the said State will he without renre>
sentation in the House of Representatives, at
meeting of the 43d Congress, aud the in
terests of the people of the said State in said
body for a considerable length of time neg
lected and unattended to, for the remedy
whereof, be it enacted, &c. 1t provides that
the executive officers, or majority Of them.
ascertain who was elected and furnish cer>
tificates of election to those elected, at once.
At the bottom of this act is Suspended the FOL.
lowing, which speaks for itself:
OFFICE OF SECRETARY OF STATE.
Nov. 18th, 1873.
L certify that the foregoing act, having
been presented to the Governor, for his an
prova, and not having been returned by him
to the House of the Legislature in which it
originated, within the time prescribed by the
Constitution of the State, has become law
without his approval G. HEDR1cK.
Secretary of State.
The third is Can act to provide for holding
circuit courts when from any cause the judge
shall fail to attend, or if in attendance. cannot
properly preside" The bill originated in the
Senate aud has appended the same certificate
of the Secretary of Sr,te as the next preced-
ing act, not having been signed by the Gov
ernor. 1t provides that where the judge fails
to attend on the first day of the circuit court
for any county, the attorneys at law practic-
ing in said court, or majority of those in st.
tendance, by writing under their hands, may
appoint some discrete person to act as Judge,
who shall take the usual oaths of Office. 1t
clothes the judge. pro tenn, with all the pow
ers as are conferred upon circuit Judges, but
the bench shall be vacated by this temporary
judge, if the circnit judge appear aud offer to
discharge the duties of his Office. It also
provides that in cases where the Judge cannot
properly preside, having interest in causes to
be tried before him, the parties or their at
torneys shall in like manner as above appoint
judge pro tenn, to hear and try such cause
or causes and gives him the same power and
authority as circuit Judge. The salary of such
temporary judge is fixed at ten dollars per
dten, for every day he sits.
The next act provides for s'the sale of es-
cheated. forfeited and unappropriated lands
for the benefit of the school fund" This is
very long bill and in our restricted space We
.. y sf.. rrrs e-r
The next act is one authorizing the Wes-
ton and Clarksburg Railroad Company to
change its route SO as to pass by Buckhannon
and Phillippi aud terminate in Taylor county,
either on the N. w. Va. Railroad or the Bal
timore and Ohio Railroad, at such point as
may be agreed upon, and to repeal the twelfth
section OF the act Incorporating the Weston
and Clarksburs Railroad Company. This
caption to the bill ex plains the nature of the
bill. 1t has similar certificate of Secretary
of State attached, as the other bills not an.
proved by the Governor, and originated in
the Senate.
Another act amends and re>enacts sections
fifteen and seventeen of chapter 40 of the
Code, concerning executions for specific prop
erty and writs of fere tacias. and is approved
by the Governor. 1t amends the Code SUBJ
Ject to the Limitations prescribed by law. A
party obtaining an execution may sue out
other executions at his own costs. though the
return day of former execution has not vet
arrived and may sue out other executions at
defendants costs, where former execu-
ton there is return by which it appears that
the writ has not been executed, or that. il or
any part of the amount thereof is not levied
or that property levied on has been discharged
by legal process, which does not prevent
new execution on the Judgment. In no case
shall there be more than one satisfaction for
the same money or thing"
"a motion to quash an execution NAV.
alter reasonable notice to the adverse party.
be heard and decided by the court whose clerk
issued the execution, or if in circuit court,
by the judge thereof. in vacation, and such
court or. judge may; without such notice,
make an order staying proceedings on the ex.
ecution until such motion can be heard and
determined. A copy of the order SO made
must be served upon the officer in whose
hands the execution is.v
There are several other laws passed, of
which We will publish synopsis shortly.