Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1873-03-11
Bal for Holding Circuit Courts.
! SENATE BILL NO 144

courts vs. here, from any GAUGE. the Judge shall
fail to attend, or if in attendance, cannot
properly preside.
Be IL enacted Iy tie Legislature OF Vest
Iiryiniid:
That where from any cause, the Judge shall
fail to attend on the first day of the term of a
circuit court for any county, the attorneys at
law practicing in said court, or majority of
those 10 attendance, by writing under: their
hands, may appoint some discreet aud proper
person, learned in the law, to act as Judge of
the said cout FIR 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 he
will support the constitution of the United
States, and the constitution of this state: and
that he will faithfully discharge the duties Of
his said Office to the best of his skill and
judgment. The certificates of appointment
and the making said oath or affirmative shall
be entered in the proceedings of said court.f
That the person so appoi nted to hold the
term of said court shall possess all the powers,
while holding the same, as are conferred BY the
constitution and laws upon the judge of the
said court, and his acts, Judgment DEGREES
and proceedings shall be as binding and have
the same force and effect upon persons and
things as if 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 qualification, at the proper time. open the
term of said court aud proceed to transact all
the business therein that is required to be
transacted, and in all things to do and perform
the duties devolving upon the Judge of the
said court. if present and holding the same
that he shall cause the judgments, DEGREES.
arI fhnr, "a
entered on the proper books kept for the pur-
pose, and shall have read and signed each
days proceedings in the same nianuer as by
law to be signed by the judge Of the said court,
when present.
That if the judge of the said court during
the said term, shall appear to assume and dis
charge 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 Judge of circuit court in attend-
ance and holding the term in any county. can
not properly preside at the trial of any cause
pending therein, the parties 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 so appointed
shall take the oath prescribed by the first
section of this act. which shall he entered in
the proceedings Of the said court; and he
shall thereupen proceed with the trial of the
cause, and while so engaged in the trial
thereof shall possess 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 cause shall be entered in the
proper book of the said court and read and
signed by tie judge of the court among the
other proceedings of the said court and have
the same force and effect as other judgments.
DEGREES or proceedings of the said court
The person so presiding a, 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 judgments, DEGREES and
other proceedings under this act, in the same
manner and to the same extent as if such
judgments DEGREES we're rendered or prnceed-
1ngs 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 bc en-
titled to receive ten dollars per day, to he
paid out of the public treasury bns unless
the Judge of the circuit shall certify to the
anditor that his failure to attend the term IF
his court held by another, was in consequence
OF sickness, or other unavoidable cause, tho
compensation to the person hnGing such term
shall be deducted from his salary
The CLERKS Of the circuit courts shall. at
each term thereof make out, under the drec-
tons of the court, and enter in a book to be
kept for that purpose, list Of attorneys at
law practicing in the said courts; aid only
such attorneysas appear on such list shall be
authorized to appoint persons to hold terms
OF court under the provisions of the rst Sec
ton of this act
This act shall be in force from its passage
"WoE TO RUMsELLEKs THE bill con-
cernlngthe venting ofspiritous liquors. which
passed the Senate yesterday, and is now before
the lower house, will raise "Ned' in the
haunts OF the whsky>sellcrs throughout the
State. It does away with the screen and
frosted window business. and states in ex-
piiclt terms that wives and 'children'of drunk
ards shall be entitled to damages where their
interests are prejudiced by the neglect on the
part of the saloon>kecper of strict resu lation
which is laid down in the bill. This measure
has other good points also, and its passage in
the House is set down as certain Our law
in this respect, if the bill passes, will be sim>
liar to the excellent and very efficient one of
ohlo,-CAortesto" Courier, FEB. %.
SUDDEN pEATH.-Our community was
shocked tn hear of the sudden death of DR..
John e. Wilson. of this city, on Saturday
evening last. He had been ATTENDING. his
professional duties up to Within few hours
of his demise, aud seemed to be in his usual
health. He had been however "A we 1nGer