The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-01-10
coDIFICATIoN OF the STATUTES.

COMPLICATION OF THE STATUTES.
When the present constitution was
adopted, much legislation became necessa-
ry within limited time to conform the
statutes to the new fundamental law. It
is not surprising therefore, in view OF the
large amount OF labor thus deyolved up
on the Legislature, that many OF the bills
were not carefully revised before they
were enacted, that many OF the laws are
OF doubtful and difficult construction, and
others inharmonious and conflicting, The
thorough revision and codification OF the
statutes should not be longer deferred, and
to render apparent the necessity OF this
work, | refer to certain statutes Of the Acts
OF 1928. l.I7
Chapter 10; section II, provides that, s'if
at any time there be on the docket Of tho
Supreme Court Of Appeals, at either place
OF session, q case in respect to which o
majority Of tho judges OF said Court arc so
situated as to make II improper for them
to sit on the hearing thereof, that fact
shall be entered OF record" No provision,
however, Is made for the disposition Of
such a case. -.
Chapter II, Section II, provides that
when petition for an appeal, writ OF error
or supersedeas has been rejected by Cir
cult Court or Circuit Judge, the petition
and order OF rejection with the transcript
Of the record may be presented to Judge
was re.enacted in Chapter "A Of the Acts
OF 1877 in such way as 10 prohibit the
presentation Of the petition TO q Judge Of
the Court Of Appeals, after it has been re-
jected by q Circuit Judge, or a Circuit
Court. The law Is in disregard OF that
provision OF the Constitution which de-
fines the APPELLATE jurisdiction Of the Court
Of Appeals, and which should be render
ed etfectual by appropriate legislation.
J Acts Of 1928, chapter II, section 10, Is
Of very doubtful construction. "
Chapter 10, section 8, requires the Clerk
Of the Court Of Appeals TO give bond in
the penalty OF two thousand dollars, while
chapter 49, section l2, without repeating
this law, requires this officer 10 give bond
in the penalty OF not less than three thou
sand, nor more than ten thousand dollars.
Chapter l0l, section Q, relating to forth:
coming bonds, Is without meaning, unless
after the word property" the words
| bllhll 10 hIb llltSEpulAl6us .||. H.H.... D.
| Chapter 81, section 5, prescribing the
duties OF prosecuting attorneys, provides
that, "Itshall be the duty OF every prose-
cutting attorney IN this State to attend to
the criminal business OF the State in civil
cases, when required by and under the di.
rection Of the Auditor, In the Circuit Court
and County Court Of the county in which
he was elected, under the direction OF the
court
Chapter ITO, section 8, amends section s
Of chapter SO OF the Code, which requires
sir weeks notice, and chapter 200 amends
the same section aud requires only f6iv
weeks notice, and does not repeal chapter
ll9. Thus two repugnant statutes are Ia
force. t5.F liFt n
Chapter 299, section 80, provides thai
every wiz, or AUTHENTICATED copy thereof
admitted 10 probate under the provision o.
this chapter, shall be recorded; yet thstt
Is no provision made in the chapter The
admission TO probate Of copies oil wills
iCode. page 4Sa). Opinion Of Judge Hay
mond In 6NiptY, HpHafRA 10 West Va. K.
lr. aCa. 4 Na a
These statutes were noticed In the Act
OF single session, and theyserve 10 SHOW
tho condition Of our laws-a condition b.
\ ne means eFpaItahle IA, Tie State I'll!
work oi revision should DO entrusted
4 either Ia q committee or to o commission
!, ot reyisorG, fort creation Of which 20,
can provide, and who should be require,
TO report 10 the next Legislature, l.ni
!, H. would not advise al attempt 10 codif
al the laws, for the experience Of 'othe
lstatessaas s9un1aantly Demonstrated tha