Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1893-02-05
IHE CRIMINAL COURT
PROVIDED FOR THIS COUNTY BY TIE PEND
ING LEGISLATIVE ACT,
And Which is Very Likely to Pass-The Judge
to be Elected for Six Years-Six Terms
to be Held Each Year.

The bill now pending in the Legisla-
ture, establishing a Criminal Court in
Ohio county, provides that upon the
passage of the Act, the Governor shall
appoint Judge from among the men,
bership OF the Ohio county bar, who
shall enter upon the discharge of his
duties on the first day Of next May, and
hold Office until the Judge who shall
be elected at the general cleo
tion in November, 1894, snail
qualify. The term Of Office of
the Judge so elected shall be for six
years, and the person so elected or APP
pointed the Judge of said Court shall
be disqualified from practicing law in
all the Courts Of the State during his
continuance in Office. The salary Is
fixed at 81, 500 per year. The Clerk of
the Circuit Court is to be &C oticiO Clerk
of the Criminal Court, and shall receive
the same fees as now allowed by law
for similar services to Clerks Of Circuit
Courts, and exercise the same powers
ton OF said Court, and the County
Court Of this county may allow him an
additional compensation therefor not TO
exceed three hundred dollars per year.
The new Court shall have concurrent
Jurisdiction with the Circuit Court
OF Ohio county in all matters in rela-
ton TO felones and misdemeanOrs, and
as 10 the supervision and control OF all
criminal proceedings before Justices
by appeal, mandamuS, prohibition and
certorari, and the Judge shall have the
same power in vacation as to felonies
and misdemeanOrs that are now or may
hereafter be conferred upon the Judge
of the Circuit Court OF this county.
The same power to punish for con-
tempt is also gwen.
The pending law provides that when
ever the grand jury has returned an in
dictment, the Circuit Court shall cause
the same TO be transferred to the Crimi-
nal Court, and shall direct proper pro-
cess to be issued, returnable TO the next
term of the Criminal Court, and the
trial and judgment shall be as If the
same were proceeded in in the Circuit
Court When any person is under
recognizance to answer an indictment,
and such is found, the Circuit Court
shall cause his recOgnizance TO be taken
TO answer said indictment at
the next term of the Grim
inal Court The Circuit Court
may also certify any indictment now
pending therein to the Criminal Court,
and the clerk of the Circuit Court shall
transfer the original paC2~s herein to-
gether with a copy Of all '@ters made
therein to the Criminal Cou.c; and the
same shall there be proceeded in, TO
final determination. All statutes now
in existence relating to the duties Of
Justice of the Peace, as to persons
charged with any crime or mis-
demeauor, for which the pen
atty may be Imprisonment, or fine
of more than twenty dollars, shall as to
any Justice Of the Peace in OHIO couu-
ty, be amended so as 10 require such
Justice to hold such person to answer
indictment at the next term OF said
Criminal Court, il he believe from the
evidence, that there is sufficient cause
TO hold such person. And in no case
shall Justice of the Peace in Ohio
county hold any person so charged, to
answer an indictment in the Circuit
Court of said county. For the exercise
OF the jurisdiction and power conferred
by this act, six sessions Of said
Court shall be held each year, COM
mencng in the first Monday Of each OF
the months Of January, March, May,
July, September and November, and
continue until the Court is adjourned
by the Judge thereof, 10 the succeeding
term. But if any such term be not com
meuced on the day appointed, or on
Tuesday or Wednesday next after the
same, all indictments and proceedings
then pending therein shall stand con-
tiuued, without any especial order TO
that effect, until the succeeding term.
The sessions OF the new Court are to
be held in the present chamber of Part
Two, and Part Two of the Circuit Court
may be held in any other room in the
Court House, or in the City Hall, as
may be arranged by the Board OF Com
misSioners.
\ grand Jury is to be empanneIed on
the first day of each term Of the Grim
inal Court, or six jureS a year.
All processes, rules, executions, lees,
costs, are az in the Circuit Court. 1t is
provided that appeals may be allowed
and writs of error and supersedeaS
awarded to the judgments, rules and
orders of said Court, by the Circuit
Court, or the Judge thereof in vacation,
in cases involving the freedom OF the
person or the consttutionality of law,
and criminal cases where there has
been a convictions; and in cases relating
to the public revenue, the right of APP
peal shall belong to the State as well as
the defendant. Every appeal, writ of
error or supersedeas, from said Crimi-
nal Court shall be docKeted in the Cir
cult Court OF Ohio county aud shall be
proceeded in, in.the same manner as
appeals, writ Of error and superSedeaS,
are proceeded in. heard and determined
in the Supreme Court of Appeals.