The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-25
G.. IIEDRlCK,
Secretary OF State

Out LIS 'Pp4OfH"'
c. HEDRlCK,
Secretary Of State,
The third is IAN act TO provide for
holding circuit courts when from any
cause the judge shall fail 10 attend, or
i! in attendance, cannot proper pre-
side" The bill originated in the Sem
ate and has appended the same certifi-
cate of the Secretary OF State as the
next preceding act rot having been
signed by the Governor. 1t provides
that where the judge fails to attend on
the first day OF the circuit court for any
county, the attorneys at law practicing
n said court, or majority Of those in
attendance, by writing under their
hands, may appoint some discrete
person 10 act as judge, who shall
take the usual oaths OF Office.
1t clothes the judge, pro tenn, with all
the powers 80 are conferred upon
circuit judges, but the bench shall be
vacated by this temporary judge, if the
circuit judge appear and offer to dis
charge the duties OF his office. 1t also
provides that in cases where the judge
cannot properly preside, having inter
est in causes TO be tried before him,
the parties or their attorneys shall in
like manner as above appoint Judge
pro tan, 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 diem for every day he
sits.
The next act provides for CHE sale
of escheated, forfeited and unappropri.
ated lands for the bentit OF the school
fund" This is q very long bill
and in our restricted space
we could not well give an outline.
Tie next act is one authorizing the
Weston and Clarksburg Railroad Cons
pauy to change its route so as TO pass
by Buckhannon and Phillippi and ter
inmate in Taylor county, either on the
\. w. Va. Railroad or the Baltimore
and Ohio Railroad, at such point as
may be agreed upon, and TO repeal the
twelfth section OF the act Incorporating
the Weston and Clarksburg Railroad
Company" This caption to the bill
explains the nature OF the bill. 1t has
a similar certificate of Secretary OF
State attached, as the other bills not
approved by the Governor, and origin
ated in the Senate.
Another act amends and re"enacts
sections fifteen and seventeen OF chap
ter l40 OF the Code, concerning execu-
tons for specific property snd wrlts Of
fere tacias, and is approved by the
Governor. 1t amends the Code subject
10 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 exc
cution has not yet arrived; and may
sue out other executions at defendant
costs, where on a former execution
there ia q return by which it appears
that the writ has not been executed, o.
that, it or any part OF the amount thereo
is not levied: or that property levied OF
has been discharged by legal process
which does not prevent new execu'
ton on the judgment. In no case shal
there be more than one satisfaction 10
the came money or thing"
- motion TO quash an execution
may, after reasonable notice TO tn
adverse party, be heard and decided b.
the court whose clerk issued the execa
ton, or if in a circuit court, by tn
Judge thereof, in vacation, and suc'
court or Judge may,lwithout such notice
make an order staying proceedings OF
the execution until such motion can b
heard and determined. A copy of tn
order so made must be served upon To
officer in whose hands the executio
is"
There are several other laws passed
Of which we will publish a synopos
shortly,