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CHAPTER 27.

(Senate Bill No. 9.)

AN ACT to amend and re-enact section four of chapter eighteen

of the acts of the legislature of West Virginia of one thousand eight hundred and ninety-three, as amended by section one of chapter fourteen of the acts of the extraordinary session of the legislature of West Virginia of one thousand nine hundred and four, concerning the salary of the judge of the criminal court of Mercer county, West Virginia.

SEC.

Salary of judge of

the criminal court of Mercer county.

Be it enacted by the Legislature of West Virginia:

That chapter eighteen, section four, of the acts of the legislature of West Virginia of one thousand eight hundred and ninety-three, as amended by chapter fourteen, section one of the acts of the extraordinary session of the legislature of West Virginia of one thousand nine hundred and four, be amended and re-enacted so as to read as follows:

Sec. 4. That the judge of said court shall for his services receive twenty-one hundred dollars per annum, payable out of the county treasury of said county as provided for by chapter fourteen, section one of the acts of the extraordinary session of the legislature of West Virginia of one thousand nine hundred and four.

CHAPTER 28.

(Senate Bill No. 38.)

AN ACT to amend and re-enact chapter thirty-six of the acts of the

legislature of one thousand eight hundred and ninety-three, as amended by chapter eighty-one of the acts of the legislature of one thousand nine hundred and five, relating to the criminal court of the county of McDowell.

(Passed February 8, 1907. In effect from passage.

Became a law without the approval of the Governor.)

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SEC. 4.

SEC.
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Powers and jurisdiction conferred

on court; powers of judge in

vacation.
Facts authorizing jurisdiction need

not be set forth upon record ;
jurisdiction presumed, unless,

etc.
Powers to punish for contempt.
County court to provide books and

stationery, also a seal ; faith and
credit given to records of court
and to certificates of judge or

clerk.
Clerk of criminal court; who to

be; his fees; subject to what
statutes ; to sign all process,
etc., and direct the same; who

to execute such process, etc.
Salary of judge; how paid.
Salary of clerk in addition to fees ;

how paid.
Terms of court and when to be-

gin; adjourned and special

terms; when held.
Duties of sheriff of McDowell

county and sheriffs of other
counties as to process of court;
other duties and services to be
performed by the sheriff of Mc-
Dowell county ; powers and
rights of officers executing pro-

cess, etc.
Grand jury for each term;

special grand juries; what of-
fenses grand jury may consider ;
provisions of law applicable;
how grand and petit juries
chosen and empaneled ; compen-

sation.
When judge cannot preside he

may certify cause to circuit
court; proceedings; recognizan-
ces in bailable cases; special
judge; when ; how selected; per
diem and how paid; change of
venue.

Indictments found or pending in

circuit court may be certified to criminal court; recognizances in

such cases. Appeals and writs of supersedeas,

in what cases allowed or award

ed by circuit court. Appeal, writ of error or

supersedeas; how obtained ; what law to govern proceedings; no appeal allowed in certain cases,

unless, etc. Appeal, writ of error or superse

deas to be docketed in circuit

court; how proceeded in. In case the circuit court deems the

judgment, etc., plainly right and rejects the appeal, etc., on that

ground; what then. Proceedings in circuit court on ap

peals, writs of error or super

sedeas; duties of clerk. Appeals allowed to criminal court

concurrent with circuit court, in what cases; provisions of law

governing proceedings thereon. If oflice of judge is contested ; how

heard and determined. Taxation of costs. Certain provisions of general law

applicable to circuit court to
apply to criminal court of Me-

Dowell county.
Writ of habeas corpus; power to

grant concurent with that of su-
preme or circuit courts; provi-

sions of law governing. Prosecuting attorney or assistant

to attend terms of court; duties

to perform ; compensation. Certain sections of chapter forty

one of code made applicable. West Virginia Reports and Acts of

Legislature to be furnished judge of court.

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Be it enacted by the Legislature of West Virginia:

That chapter thirty-six of the acts of the legislature of one thousand eight hundred and ninety-three, entitled, “An act to create a criminal court for the county of McDowell” as amended by chapter eighty-one 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 record of limited jurisdiction is hereby established in ard for the county of McDowell, 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 "Criminal court of McDowell county.'

Sec. 2. The said criminal court shall have jurisdiction within the county of McDowell, concurrent with the circuit court, of all felonies, misdemeanors and offenses committed within said county; said court shall have jurisdiction, concurrent with the circuit court of said county, as to the supervision and control of all criminal proceedings before the justices of said county, or the mayor of any incorporated city, town or village in said county by appeals, mandamus, prohibition and certiorari; it shall also have jurisdiction concurrent with said circuit court for the collections of all recoynizances taken by said criminal court and for the collection of all bonds taken by said criminal court, or by the clerk thereof in vacation, to secure the payment of judgments for fines and costs rendered by said court, and for the collection of all recognizances and bonds taken by the justices of said county or the mayor of any incorporated city, town or village in said county in relation to criminal proceedings before said justices or mayor.

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 six, shall hold his office for the term of six years from January the first, one thousand nine hundred and seven, 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 twelve, and every six years thereafter, be elected by the legal voters of said county, a judge of the criminal court of McDowell county, who shall be a resident member of the bar of said county and at least thirty years of age, 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 disqualified from practicing law in all of the courts of this state during his continuance in office; the judge of the said criminal court may be removed from office for the same reasons and in the same manner as the judges of the circuits courts; and if from any cause the office shall become vacant, the vacaney shall be filled in the same manner as in the case of a vacancy in the office of the judge of a circuit court.

Sec. 4. The said criminal court, in the disposal of all matters within its jurisdiction and in the trial of all cases, shall have and exercise all the power and jurisdiction conferred by law upon the circuit court of MeDowell county, and shall exercise in relation thereto the modes and procedures exercised by said circuit court; and the judge of said criminal court shall have the same power in vacation as to all matters of which said court has jurisdiction, that are now or may be hereafter conferred upon the judge of the circuit court of McDowell county.

Sec. 5. It shall not be necessary in any case or proceeding in said criminal 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 criminal 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 McDowell county, shall provide all record books and other books and stationery that may be necessary, and likewise a seal for said criminal court; full faith and credit shall be given to the records of said court and to the certificates 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 record 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 McDowell county shall be ex-officio clerk of said criminal 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 criminal 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 twenty-four hundred dollars per annum, to be paid out of the county treasury of said county of McDowell.

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 one thousand dollars per annum.

Sec. 11. There shall be four terms of said court held in each year, commencing on the second Monday in January, the second Monday in April, the second Monday in July and the 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 said court.

The terms of said court shall be held at the court house of said McDowell county.

Sec. 12. The sheriff of McDowell county and the sheriffs 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 criminal 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 McDowell county shall perform the same duties and the services for the criminal court of McDowell 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 same liabilities, govern 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. 13. The said criminal 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 McDowell, 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 criminal 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. 14. If the judge of said criminal 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

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