The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-01-17

CIFeuII Lawyers IN RegaFd 70 Them.
= Below We give the proceedings Of the
members oil the Bar OF the First Judicial
CIcuit. The following members were
present: Hon. John A. Campbell, Han.
cock County; II. w, OIisWell, Marshall
County; besides the members Of the Ohio
County Bar. Attorney. General White
presided, and Alfred RheinstIom acted as
clerk:
The committee appointed to report to q
meeting OF the Bar Of the First Judicial
Circuit, upon legislation for the organiza.
ton OF Circuit Courts, respectfully report
that legislation should be sought, Tor the
adoption Of substantially the following
plan:
In the First Judicial Circuit, Courts may
be held in the same county or in different
counties at the came or At different times,
and q court in one county may continue
alter the time provided by law for the com
menCement OF court In any other county
OF the circuit.
Either or both Of the judges Of the cir
cult may hold any regular, special or I'D,
jouTned term Of any court therein, and
when both Judges shall be present at any
court, they may cit together for the pur'
pose OF making rules, assigning the bust
ness Of the court TO the respective Judges,
and making any appointments provided
by Law to be made by the court, or trans
acting any other business OF the court tor
which It IL proper in their opinion thai
they should sit together, or they may hold
court separately, but no cause shall be
uied or heard by the two judges sittinG
together. In county in which the two
judges shall sit at the same time, but sep
araiely, the courts held by the TespectiVG
Judges shall be designated as parts one and
two OF the Circuit Court OF the county
and shall each have and exercise the same
power, authority and jurisdiction as are Of
NAV be- vested in Circuit Courts. Ethel
Of said parts may be held by q judge Of
another circuit, or by another person, Ia
any case wnere the Circuit Court oil the
county might be held by such Judge Of
person il there were bat one Judge OF tht
First Circuit.
The clerk Of the ClrClit Court Of such lRSI
mentioned county shall, when not presen!
In peuon, Cause o suitable deputy 10 attend
the court and each part thereof, and shall
cause proper record books 10 be provided
and kent Tor each part OF the court. Rules
aud all orders and proceedings Of the
Judges sitting or acting together shall be
entered on the order book Of each part
The sheriff shall In person, or by deputy
attend the said GoHrt and each part thereof
Either OF said parts may be held at such
place other than the court house, but IN
the same town, as may be appointed BY
its order, or by warrant Of both judges Of
of the judge assigned to hold such part
A copy Of such order or warrant shall BIZ
posted by the clerk at the front door o.
his office, at the court house door and o.
the place so appointed. "a
Either part OF the court may order
Jurors and witnesses In attendance upon Il
10 attend the other part, and such order
may be enforced and disobedienCe Thereof
punished by either part.
As early aB convenient In each year thu
Judges Of the first circuit shall designate
the courts to be held by each Judge during
the year, and the courts OF which both
Judges are TO attend. Such designation
shall be made In writing and copy there
Of signed by tho judges shall be sent Y
each clerk Of q Circuit Court In the circuit
and by him be entered upon his law or
der book. Such designation may bt
changed during the year, both judges con
Curlirg, aud copy Of the order, or agree
nfent making the change Bhall be seat tc
the clerk Of each court affected thereby
and by him be entered upon the law or
der book. So far as consistent with the
proper discharge OF business, such desig
nation after the first year shall, rs to courtl
where but one Judge sits, provide that
each judge shall hold those terms. which
were held by the other judge In the yeaI
next preceding.
As soon as possible OF any term during
which or part Of which the judges are 10
BIT at the same time, but separately, they
shall classify, arrange and apportion the
business OF such term between tho parts
which they are respectively to hold, and
shall cause docket Of the business in each
part to be prepared, but ::auCh apportion
nent maybe rearranged during the term %
may be convenient Tor dispatch Of bust
ness. Whenever either judge shall not be
occupied In the trial or hearing Of q
cause assigned 10 him, he shall % far as
practicable aid In dlSposing 0t the bust.
ness which may have been assigned 10
the other ia lge, to which end cases may
be sent from one part OF the court to the
other, as th Q individual judges may agree
and direct,
AS coon as convenient after this act
goes into effect, the judges shall select BY
lot ono OF their number who shall be the
presiding magistrate oil the circuit, and OF
the Circuit Courts beld therein, for the
year ending December 81, 1881. The next
year the other Judge shall be the presiding
msgiatrate, and so for alternate years
Throughout their term. A presiding mag
istrAte shall Ia like manner be selected by
the judges hereafter elected as soon as
possible after their term OF office shall be.
gin, who shall be the presiding magistrate
for the frat year Of such term, after
which the judges shall be presiding mag.
istrAte In alternate years. II the presiding
magistrate ceases to be q Judge OF the cir.
cult the other Judge shall thereupon be-.
come the presiding magistrate, and shall
have and exercise the powers and dis.
charge the duties conferred upon and re-
quired OF the two judges acting jointly,
until the vacancy is filled, when the new
Judge shall take the place Of bis prede.
Cessor and be the presiding magistrate
uulluk tuG Gdlb Auu phltp VI
years for which such predecessor
would have been presiding mag.
is'rate had he remained a Judge Of the cir.
cult. At any time while one judges 10 pre-.
siding magistrate, an order or appoint
Inent ConCuned Id by both judges may
make the other Judge the presiding msgis.
trate In bis stead for q specified time, OF
until further order OF appointment oil the
two judges made with like concurrence
Every selection, order or appointment
made under this section shall be entered
on the law order book Of each Circuit
Court In the circuit.
In all cases Of difference between the
judges as TO any matter before them Joint.
~ for determination, whether Ia court or
not, the opinion Of the presiding magis.
tiate shall prevail, unless the matter be
one As 10 which the concurrence Of both
Judges lie expressly required.
Where there are Two parts Of the Circuit