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age of ninety per cent on a scale of one hundred per cent, and not less than seventy-five per cent on any one branch, and must have had at least one year's experience as a teacher. Examinations shall be held at such times and places as the board may appoint; the subjects shall be the same as those for uniform examinations for the state of West Virginia and such other subjects as the board may prescribe; applicants for certificates shall pay to the board the sum of three dollars and said money shall be turned into the building fund of the district. The examining board shall receive three dollars per day for time actually employed in conducting the examinations, grading manuscripts and issuing certiticates; the said money shall be paid out of the building fund of the district. Any teacher holding a first grade certificate in West Virginia may be allowed to teach in the independent district of Wellsburg without further examination.
No person shall be employed to teach in the Wellsburg independent district without a city or state certificate. No salary shall be paid to any teacher unless a certificate be filed with the secretary of the board of education.
(Senate Bill No. 139.)
AN ACT to amend and re-enact chapter eight of the acts of the
legislature of West Virginia, passed February twelfth, one thousand eight hundred and ninety, entitled "An act establishing a criminal court for the county of Kanawha," as amended and reenacted by chapter eighty-seven of the acts of the legislature of one thousand nine hundred and five, and changing the name of said court.
Intermediate court established.
court : in what cases; appeals
be elected; qualifica-
Facts authorizing jurisdiction need
not be set forth upon record; jurisdiction presumed unless rec
ords appear contrary. Power to punish for contempt. ('ounty court to provide necessary
books and stationery; also a seal; faith and credit given to records of court and to certifi
ferred on court; powers of judge in vacation.
cate of judge or clerk. Who to be clerk of intermediate
court; his fees : subject to what
statutes; to sign all process,
execute process, etc.
sheriff of Kanwha county, and sheriffs of other counties as to process of court; other duties of Kanawha county sheriff : powers. rights and fees
of officers executing process, etc.
grand juries : what offenses
and impaneled ; compensation.
certify cause to circuit court;
and how paid : change of venue.
circuit court may be certified to
ces in such cases.
govern proceedings; no ap-
year from date of judgment.
court : how proceeded in.
ment, etc., plainly right and re-
from order of rejection. 21. Proceedings in circuit court on ap
peals, writs of error or supersedeas allowed in vacation ; duty
of clerk of court. Appeals allowed to the inter
mediate court concurrent with circuit court, in what cases : provisions of law governing
proceedings. 23. If office of judge of intermediate
court be contested; how heard
and determined. 24. Vacancies in office; how filled. 23. How judge may be removed from
office. 26. Taxation of costs ; how governed. 27.) Certain provisions of general law
applicable to circuit court to ap28. ply to intermediate court. 29. Power to grant writ of habeas
corpus concurrent with that of supreme or circuit court; pro
visions of law applicable. 30. Prosecuting attorney or assistant
to attend terms of court; what duties to perform ; compensa
tion. 31. Sections forty-one, forty-two and
forty-three of chapter forty-one of Code made applicable to in
termediate court. 32. West Virginia reports and Acts of
Legislature to be delivered to
judge. 33. Laws relating to rules of circuit
court applicable to intermediate
court. 34. Judgment rendered in intermediate
court; how recovered ; judgment lien docket to be kept in county
clerk's office. 3.5. Attachments issued and served by
clerk of intermediate court in same manner as issued and
served by circuit clerk. 36. Appeals from justices pending in
circuit court may be sent to intermediate court.
Be it enacted by the Legislature of West Virginia:
That chapter eight of the acts of the legislature of one thousand eight hundred and ninety, passed February twelfth, one thousand eight hundred and ninety, entitled "An act establishing a criminal court for the county of Kanawha," as amended and re-enacted by chapter eighty-seven of the acts of the legislature of one thousand nine hundred and five, be amended and re-enacted so as to read as follows:
Sec. 1. That a court of limited jurisdiction is hereby established in and for the county of Kanawha, to be held and presided over by a judge to be appointed or elected as provided by this act, which court shall be named and designated, “The intermediate court of Kanawha county.”
Sec. 2. The said court shall have jurisdiction within the county of Kanawha concurrent with the circuit court of said county, of all felonies, misdemeanors and offenses committed within the said county; and also of all matters at law where the amount in controversy, exclusive of interest and costs, does not exceed five hundred dollars. And also of appeals from the judgments of the justices of said county when such appeals shall lie to said court in the same manner and under the same regulations as provided in the general law for appeals from justices; also for the trial of all cases concurrent with the circuit court for the maintenance of illegitimate children, as provided by chapter eighty of the code of West Virginia; and the court shall also have jurisdiction concurrent with the circuit court of said county as to the supervision and control of all proceedings before justices of said county, or the mayor or police judge or police court of any incorporated city, town or village of said county, by mandamus, prohibition and certiorari; said court shall also have jurisdiction concurrent with said circuit court, of appeals from the police judge or the police court of the city of Charleston in said county.
Sec. 3. The judge of said court elected at the general election held in this state on the Tuesday after the first Monday in November, one thousand nine hundred and two, shall hold his office for the term of six years, and until his successor is duly elected and qualified; and there shall at the general election in this state to be held on Tuesday after the first Monday in November, one thousand nine hundred and eight, and every six years thereafter, be elected by the legal voters of said county, a judge of the intermediate court of Kanawha county, who shall be a resident member of the bar of said county, who shall preside over the said court for the term of six years, from the first day of January succeeding said election, and shall be, except as to his term of office and jurisdiction, subject to the laws in force governing circuit judges.
Sec. 4. The power and jurisdiction conferred by law upon the circuit courts in the trial of cases and proceedings, both civil and criminal, and the modes and procedures authorized therein within the county of Kanawha are hereby conferred upon and shall be exercised by the said intermediate court of Kanawha county, in respect to all cases, matters and proceedings, of which the said last named court is given jurisdiction by this act; and the judge of said intermediate court shall have the same powers in vacation as are now or may hereafter be conferred upon the judge of the circuit court of Kanawha county in respect to all cases,.matters and proceedings within the jurisdiction of said intermediate court.
Sec. 5. It shall not be necessary in any case or proceeding in said intermediate court that the facts authorizing it to take jurisdiction of the case or proceeding shall be set forth upon the record, but jurisdiction shall be presumed unless the contrary plainly appears from the record.
Sec. 6. The said intermediate court shall have the same powers to punish for contempt as are conferred upon the circuit court by law.
Sec. 7. The county court, or tribunal acting in lieu thereof in Kanawha county, shall provide all record books and other books and stationery that may be necessary, and likewise a seal, for said intermediate court. Full faith and credit shall be given to the records of said court and to the certificate of its judge or clerk, whether the seal of the court be affixed thereto or not, in like manner and with like effect as if the same were records of the circuit court or certificates of the judge or clerk of the circuit court similarly authenticated.
Sec. 8. The clerk of the circuit court of Kanawha county shall be ex-officio clerk of said intermediate court and perform the duties thereof and shall receive the same fees as are allowed by law, for similar services to the clerk of the circuit court; and in the discharge of his duties as clerk of the intermediate court, he shall be subject to all statutes relating to the clerk of the circuit court. All process, rules and orders of said court in the exercise of its jurisdiction shall be signed by the clerk thereof, and be directed to the sheriffs of the proper counties wherein the same are to be executed, and they shall be executed in like manner. and with the same effect as process issuing from the circuit court of said county.
Sec. 9. The said judge shall for his services receive thirty-three hundred dollars per annum to be paid out of the county treasury of said county of Kanawha.
Sec. 10. The clerk of said court shall in addition to the fees of his office be paid out of the county treasury the sum of six hundred dollars per annum.
Sec. 11. There shall be four terms of said court held in each year, commencing on the first Monday in January, the first Monday in April, the second Monday in June, and thu second Monday in October. Adjourned and special terms of said court may be called and held as provided for special and adjourned terms of the circuit court.
Sec. 12. The said terms of said court shall be held in Charleston in said county of Kanawha at the court house thereof.
Sec. 13. The sheriff of Kanawha county and the sheriff's of the several counties of the state shall by themselves or their deputies execute all process of said court, or issued by the clerk thereof, directed to them respectively, and all process emanating from said court, or issued by the clerk thereof, shall be directed to and executed by them in the same manner as is provided by law as to process issuing from the circuit court or its clerk; and the sheriff of Kanawha county shall perform the same duties and services for the intermediate court of Kanawha county as he now by law is required to perform for the circuit court of said county; and in the execution of the process, rules and orders of said court the said officers shall have the same power and rights, be subject to the liabilities, gorern themselves by the same rules and principles of law and the statutes of the state, and be entitled to the same fees as though the process issued from the circuit court of said county.
Sec. 14. The said court shall empanel a grand jury at each term thereof, and said court, or the judge thereof, may in his discretion, order a grand jury to be drawn or summoned to attend at any special or adjourned term of said court, or at any other time when in his opinion it is proper to do so. Such grand jury may consider any offense against the laws committed within said county of Kanawha, whether the same shall have been committed before the next preceding term of the court or not, and whether the accused shall have been held for trial or not prior to the next preceding regular term, and all the provisions of chapter one hundred and fifty. seven of the code of West Virginia, in regard to grand juries in the circuit court shall apply, so far as applicable, to grand juries in said intermediate court. The grand and petit juries serving in said court shall be chosen and empaneled in the same manner as they are chosen and empaneled by law in the circuit court, and shall receive the same compensation as said jurors in the circuit court.
Sec. 15. If the judge of said court in his judgment cannot properly preside at the hearing of any cause pending therein, said cause may be, in his discretion, certified to, and the original papers, together with a copy of the orders of the court, filed in the circuit