The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-03-03
Senate Bill No. IN,

n
Court where, from any cause, the Judge
shall fail to attend or il in attendance,
cannot properly preside.
Be ii enacted Jg the Legislature Of West
Virginia;
That where, from any cause, the
Judge shall tail to attend on the first
day of the term Of Circuit Court tor
any county, the attorneys at Law prsc-
ticlng in said court, or a majority OF
those in attendance, by writing under
their hands, may appoint some discreet
and proper person, learned in the law,
to act as judge OF the said court for the
term, who shall, before some person
authorized to administer an oath, before
proceeding to discharge the duties Of
the office make oath or affirmation
that be will support the constitution OF
the United States, and the constitution
of tn State and that he will faithful
" discharge the duties ofhis said office
to the best OF his skill aud Judgment
The certificates OF appointment and the
making OF said oath or affirmation
shall be entered in the proceedings OF
said court.
That the person 30 appointed to hold
the term of said court shall possess all
the powers, while holding the same, a.
are con Inferred by the constitution aud
laws upon the Judge Of the said court,
and his acts, judgment, decrees and pro
ceedings shall be rs binding and have
the same force and effect upon persons
and things as il done, rendered and
performed by the judge OF the said court.
That the person so appointed to hold
the term OF SAID court shall, after his
appointment and quail. fcation, at the
proper time, open the term o. said court
and proceed to transact all the business
therein that is required to be transacted,
and in all things 10 do and perform the
duties devolving upon the judge Of the
said card court, II present and holding
the same; that he shall couse the judg-
ments, DEGREES, and other proceedings
OF the said court to be entered on the
proper books kept for the purpose, and
shall have read and signed each DAYS
proceedings in the same manner as by
law to be signed by the judge OF the
said court when present.
That il the Judge of the said court
during the said term, shall appear TO
assume and discharge the duties of his
Office, the bench shall be vacated by
the person so holding the term, and his
powers and duties from that time shall,
cease.
That if a Judge of a circuit court 10
attendance and holding the term in any
county cannot properlypreside al the tri-
al OF any cause pending therein, the par
ties or their attorneys, by writing under
their hands may appoint some discreet
and proper person learned in the law, to
act as Judge and preside at the trial Of
said cause. The person go appointed
shall take the'oath prescribed bv the first
section of this act, which shall be en-
tered in the proceedings of the said
court; and he shall thereupon proceed
with the trial Of the cause, and while so
engaged in the trial thereof shall pos
sess the same powers and authority that
are conferred upon the judge OF the
said court by the constitution and laws.
The judgment. decree or proceedings in
the trial OF said ,csuse shall be entered
in the proper book of the said court and
read and signed by the judge of the
court among the other proceedings OF
said court aud have the same force and
effect as other judgments, DEGREES or
proceedings OF the said court The
person so presiding at the said trial
shall have the same power to grant new
trials and sign bills of exceptions to his
rulings as are conferred upon the judge
OF the said court.
That appeals may be taken to the
supreme court OF appeals from Judg-
ments, DEGREES and other proceedings
under this act, in the same manner and
to the same extent as il such judgments
and DEGREES were rendered, or proceed
ings had in the circuit courts held by
the judges thereof.
That any person presiding or acting
as Judge under the provisions Of this
act, shall be entitled to receive ten dol
lars per day. to be paid out Of the pub
lie treasury; but, unless the judge OF