The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-01-21
CHAPTER OXu.
ov TnR cIRouIr coURTs.


First-The judicial circuits as prescribed
by section thirteen, article eight Of the
Constitution oil this State as amended,
shall be and remain as 80 prescribed until
70 arranged by the Legislature in pursu'
anCe OF section fourteen oisaid article eight,
JuRlsDIcTIoN or CIRCUIT COURTS.
second-The Circuit Court shall have
the supervision and control Of all proceed.
iuVs before Justices and other inferior TIL.
bInals, by mandamuS, prohibition and Ger.
iiOrarl. They shall, except In Caaes con.
fined exclusively by the Constitution to
some other tribunal, have original and
general jurisdiction oil all maIters at law
where the amount IN controversy, ex'
elusive Of interest, exceeds hfty dollarsi Of
oil cases Of habeus cO0p,U, tlqndOtl1, quo
udrantO aud prohibition; and oil all cases
10 equity, aud Of all crimes and INSIDE
meanOrs. They shall have appellate juris'
diCtlon In all cases, civil and criminal,
where an appeal, writ Of error or SuperSeds.
"a may be allowed 10 the judgment or pro.
CeedlHgs OF any inferior tribunal. They
shall also have such other jurisdiction,
whether supervisory, original, appellate
or concurrent, as Is or may be prescribed
by law. ..... ...
REGULAR TRRMs-JUDoE or ONE CIRCUIT
COURT MAY HOLD COURT IN ANOTHER. B
Third-Thsre shall b. at least three
terms OF tho Circuit Court every year In
each county, commencing at such time "a
may be prescribed by law. A judge oil
one circuit may, by arrangement with the
Judge OF any other circuit, or when the
office OF Judge In any other circuit Is va
cant, hold the courts In any such circuit.
ADJOURNED TERMS.
Fourth.-If any term Of a Circuit Court
Is about to end without diSpatChipg all ltS
business, the Judge thereof may, by an
order entered Of record, adjourn The hold.
Ing OF such court 10 any future day on
which he Ia not required by law 10 hold q
court In some other county, and all causes
on the docket oil said court and not other.
wise disposed Of shall stand continued TO
such adjourned day. The court may, In
its discretion, require tho Jury summoned
to attend such term, to attend IA such on
the adjourned day, or may require
new jury to be drawn and
summoned In the manner required by
law; and all witnesses, summoned to at.
tend In causes 80 continued 10 such ed.
journed term, are required 10 attend said
term without being again summoned,
All judgements, orders and DEGREES, rem.
dered and made by such court before or
during the day on which said court I'D.
journs TO such future day as aforesaid,
shall have the same force and effect In all
respects as II said court had AuAlly ad.
journed on that day.
SPECIAL TERMS.
Fitth--1t any term Of such court has
ended without dispatchingall its business,
or II there be failure to hold any term,
the Judge Of the circuit may, by a warrant
directed to the clerk, appoint special
term thereof, and prescribe Ia such war.
rant whether grand or petit jury is to be
summoned TO attend such term. The
clerk shall enter the warrant In the order
book OF thec court, and inform the Prosecut.
Ing Attorney and Sheriff Of such appoint.
ment, post q copy o. the warrant at the
door oil the Court House, and issue all
proper process returnAble TO such special
term and the Sheriff shall execute such
process, and summon q grand or petit
Jury, or both, as may be prescribed In the
warrant.
Slxth-W Whenever any Judge Of the CIR.
cult Court shall have appointed special
term Of any Circuit Court Ia the manner
directed by the preceding section, and
shall have afterwards asCeFtained that he
cannot hold the said special term on the
day appointed for II, he may, by warrant
Under his hand, directed 10 the clerk OF
the court, adjourn 10 such other day % he
may deem proper. Such warrant Hhall be
transmitted by the Judge TO the clerk, who
shall Immediately enter the said warrant
In The order book OF the court, and as the
said special term thereafter 10 be held uh.
der the said continuance, proceed In all
other respects In the manner directed BY
the section Aforesaid.
Observation-Disclosures the situation OF A
prisoner confined In jail for trial In d Or.
cult Court makes II proper that his case
should be disposed OF before the next reg
ulat term thereof, the Judge Of such cntiit
may appoint a special term 10 be holden
for the trial Of the case, Ia the same man.
ner as II the same had stood for trial at
the next preceding term, and the court
lhu hulOuTutu WlluOut uppObluB tubTeUt1
Fighih-Any cause, Civi OF criminal,
and any motion or proceeding ready for
trial or hearing, may lie tried, heard and
determined atany such special term, the
same as II 1t we're regular term Of such
court Every such special term may be
held By the Judge Of the circuit, OF, II he
be dead or absent, by any other Circuit
Judge who may be present, and II may be
held, part Of lie session by one Judge and
part by another aud such special terms
may be adjourned from time 10 time dur.
Ing The intervals between the regular
terms az the Judge may deem necessary
for the dispatch Of the business Of the
Coutt,
RESIDENCE or JuDdfs.
Ninth-Each circuit Judge, during bic
continuance In office, shall reside In The
circuit for which he was elected.
ORDERS MADE IN VACATION, ETC.
Tenth-All orders and DEGREES made by
a Judge out oil courtin a cause pending In
court shall be certified BY him TO the clerk
Of the court in which the same iS pending,
and be entered by such clerk In the prop.
or order book, '7H u' ''
RtEoftcN OF JUDGES o. rHR BAR; WHEN
Eieyenth--when iot any cause the
udg6 Of 4 circuit court shall fall to attend