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court of said county, and the cause shall be docketed therein and proceeded with as though the cause had originally been brought and the prior proceedings had in the circuit court to which it was transferred; and the said intermediate court may in its discretion take such recognizances from the defendants in a bailable case, and from the witnesses for the state, as he may deem proper, for their appearance before said court; or when for any cause the judge of said intermediate court is incapable of acting, or is absent, a special judge may be elected in the same manner as a special judge of the circuit court, and governed in all respects as far as applicable, to the said special judge of the circuit court, and shall be allowed five dollars a day to be paid out of the county treasury; and a change of venue of any case pending in said court may be ordered as provided in chapter one hundred and fifty-nine of the code of West Virginia.

Sec. 16. The circuit court of said county may, in its discretion, certify to said intermediate court for trial all indictments and prosecutions for felonies, misdemeanors and offenses, now pending in said circuit court, and all which may hereafter be found by the grand juries empaneled in the circuit court, and may in its discretion take such recognizances from the defendants in bailable cases and also from the witnesses for the state as he may deem proper, for their appearance before said court, or as he may order.

Sec. 17. Appeals may be allowed and writs of error and supersedeas awarded to the judgments, rules and orders of said court by the circuit court of said county, or the judge thereof in vacation, in the following cases :

1. In all civil cases where the matter in controversy, exclusive of costs, is of greater value or amount than one hundred dollars, wherein there is a final judgment or order.

2. In controversies concerning the title of boundaries of land.

3. Concerning the right of a corporation, county or district to levy taxes or tolls.

4. In cases of habeas corpus, mandamus and prohibition. 5. In cases involving freedom or the constitutionality of a law.

6. In any case where there is a judgment or order quashing or abating or refusing to quash or abate an attachment.

7. In any civil case where there is an order granting a new trial or re-hearing. And in such cases an appeal or writ of error may

be taken from the order without waiting for the new trial or hearing to be had.

8. In criminal cases where there has been a conviction, and in cases relating to the public revenue, the right of appeal or writ of error shall belong to the state as well as to the defendant.

Sec. 18. Any person who is a party to any such controversy wishing to obtain an appeal, writ of error or supersedeas, in the cases named in the seventeenth section of this act, may present to the circuit court of Kanawha county, or the judge thereof in vacation, a petition therefor, and chapter one hundred and thirty-five of the code of West Virginia, concerning appeals to the supreme court of appeals shall so far as applicable, govern the proceedings on such appeal, writ of error or supersedeas, as to the duties of the petitioner, the said court and clerk thereof; provided, however, no such appeal, writ of error or supersedeas shall be allowed to the judgment or order of said intermediate court rendered in a case upon appeal from the judgment of a justice of said county, or judgment of the mayor of any incorporated city, town or village in said county; or from the police court or police judge of the said city of Charleston, in a criminal case or proceeding had before them unless the petition therefor be presented in one year from the date of such judgment or order.

Sec. 19. Every appeal, writ of error or supersedeas from said court shall be docketed in the circuit court of Kanawha county, and shall be proceeded in, in the same manner as appeals, writs of error or supersedeas are proceeded in, heard and determined in the supreme court of appeals.

Sec. 20. In a case wherein the appeal, writ of error or supersedeas is to the circuit court and the court or judge thereof deems the judgment or order plainly right, and rejects it on this ground, if the order of rejection so state, no further petition shall afterwards be presented for the same purpose, but the petition and order of rejection with the transcript of the record may be presented to the supreme court of appeals, or judge thereof in vacation, for an appeal from said order of rejection; if the matter is one of which said supreme court of appeals has jurisdiction and, if allowed, the same proceeding may be had thereon as if the same was a petition originally from the circuit court of said county to the supreme court of appeals.

Sec. 21. The said circuit court, where an appeal, writ of error

or supersedeas has been allowed by the said court or the judge thereof in vacation shall, upon the hearing thereof, affirm said judgment or order if there be no error therein prejudicial to the appellant, or reverse the same in whole or in part if erroneous, and the circuit court may retain the case for trial or remand the same back to said intermediate court to be further proceeded in and finally determined. And the clerk of said circuit court shall, as soon as practicable, transmit the decision of said circuit court to the clerk of said intermediate court.

Sec. 22. Every person sentenced to imprisonment by the judgment of a justice, or the judgment of the mayor of any incorporated city, town or village, in said county, or by the police court or the judge thereof of the said city of Charleston; or to the payment of a fine of ten dollars or more, shall be allowed an appeal, as provided in section two hundred and thirty of chapter fifty of the code of West Virginia, to the intermediate court of said county, concurrent with the circuit court of said county, and all the provisions of said section shall apply to said appeal and govern the proceedings thereon, and the same shall be proceeded in, heard and determined, and with the like effect, as is provided in said section two hundred and thirty of chapter fifty of the code.

Sec. 23. If the office of judge of said intermediate court be contested, the contest shall be heard and determined in the same manner as the election of judges of the circuit courts are determined.

Sec. 24. If from any cause the office of judge of said court shall become vacant, the vacancy shall be filled in the same manner as in the case of a vacancy in the office of judge of the circuit court.

Sec. 25. The judge of said court may be removed from office for the same reasons in the same manner as judges of the circuit courts.

Sec. 26. In the taxation of costs in said court the clerk and court shall be governed by the same rules and provisions of law as are provided in the circuit court.

Sec. 27. Chapter one hundred and fourteen of the code of West Virginia shall apply to the intermediate court of Kanawha county, in the same manner and to the same extent that it does to the circuit courts of the state.

Sec. 28. Chapter one hundred and fifty-six of the code of West Virginia shall apply to the intermediate court of Kanawha county, and to the judge thereof in vacation, in the same manner and to the same extent that it does to the circuit court of Kanawha county, or the judge thereof in vacation, and the same powers may be exercised within the county of Kanawha by said court, and judge thereof in vacation, concurrent with the circuit court of said county, as provided for in said chapter. All examinations, recognizances, warrants of commitment and certificates or other proceedings, made returnable to the circuit court of Kanawha county, under the provisions of said chapter one hundred and fifty-six, may be made returnable likewise to the said intermediate court of Kanawha county concurrent with the circuit court of said county.

Sec. 29. The intermediate court of Kanawha county and the judge thereof in vacation shall, concurrent with the supreme court of appeals, the circuit court of said county, or any judge of either of said courts in vacation, grant the writ of habeas corpus ad subjiciendum, as provided in chapter one hundred and eleven of the code of West Virginia, and all the provisions of said chapter shall be applicable thereto, and the same shall be governed as herein provided.

Sec. 30. The prosecuting attorney of Kanawha county shall attend the terms of said court, either by himself or his assistant, and perform the duties of his office as required by section six of chapter one hundred and twenty of the code, and for the compensation therein stated and provided.

Sec. 31. Sections forty-one, forty-two and forty-three of chapter forty-one of the code of West Virginia shall apply to the intermediate court of Kanawha county and the judge thereof, in the same manner and to the same extent as they do to the circuit court of Kanawha county and the judge thereof.

Sec. 32. The West Virginia reports and bound acts of the legislature are to be delivered to the said judge of the said court in the same manner as they are required to be delivered to the circuit courts of the state.

Sec. 33. The laws relating to the rules held in the office of the clerk of the circuit court and the powers of the circuit court over the same shall be applicable to said intermediate court, and where not otherwise herein provided, the said court and its clerk shall be governed by these rules and pleadings and regulations where and whenever applicable as are conferred upon the circuit court and its clerk and shall be governed by the same usages and principles of law.

Sec. 34. Upon every judgment of said intermediate court the judgment creditors shall be entitled to all liens, executions and remedies to secure or recover the same against any person whatsoever, to which he would be entitled if it were a judgment of the circuit court of the said Kanawha county; judgments rendered in said intermediate court may be docketed in the judgment lien docket kept in the county court clerk's office of any county in like manner and in like effect as other judgments and executions on said judgments may likewise be docketed the same as executions from the circuit court.

Sec. 35. Attachments may be issued by the clerk of said intermediate court under the same regulations and in the same cases as attachments are now issued by the clerks of the circuit courts, whenever applicable, and served in the same manner and with like effect.

Sec. 36. The circuit court of Kanawha county may send to the said intermediate court for trial, all appeals from justices pending in said circuit court at the time of the passage of this act, or that may hereafter be taken thereto.

CHAPTER 26.

(House Bill No. 228.)

AN ACT to amend and re-enact section five of chapter five of the

acts of one thousand nine hundred and three, entitled, “An act to establish a court of limited jurisdiction for the county of Marion.'

(Passed February 22, 1907. In effect ninety days from passage. Approved by the

Governor, February 25, 1907.]

SEC. 5.

Salary of judge of intermediate court of Marion county; how paid.

Be it enacted by the Legislature of West Virginia:

That section five of chapter five of the acts of the legislature of one thousand eight hundred and ninety-three, be amended and reenacted so as to read as follows:

Sec. 5. The county court of Marion county shall allow, annually to the judge of the intermediate court of said county, not less than fifteen hundred dollars nor more than two thousand dollars, to be paid out of the county treasury.

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