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papers, together with a copy of the orders of the court, filed in the circuit 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 criminal court may in its discretion take such recognizance 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 criminal 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 said special judge of the circuit court, and shall be allowed five dollars per 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. 15. The circuit court of said county may in its discretion certify to said criminal court for trial all indictments and prosecutions for felonies, misdemeanors, and offenses, now pending in said 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 all the witnesses as he may deem proper, for their appearance before said criminal court, or as he may order.
Sec. 16. Appeals may be allowed and writs of 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 cases involving the freedom of a person, or the constitutionality of a law, and when judgment is rendered against a defendant in case of felony or misdemeanor, and in cases relating to the public revenue, the right of appeal shall belong to the state as well as to the defendant.
Sec. 17. 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 sixteenth section of this act, may present to the circuit court of McDowell 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 criminal 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, 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. 18. Every appeal, writ of error or supersedeas from said criminal court shall be docketed in the circuit court of McDowell 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. 19. 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, 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. 20. 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 criminal court to be further proceeded in and finally determined; and the clerk of said circuit court shall as soon as practicable transmit the decisions of said circuit court to the clerk of said criminal court.
Sec. 21. Every person sentenced to imprisonment by the judg. ment of a justice, or the judgment of the mayor of any incorporated city, town or village in said county, 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 criminal 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. 22. If the office of judge of said criminal 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. 23. 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. 24. Chapter one hundred and fourteen of the code of West Virginia shall apply to the criminal court of McDowell county, in the same manner and to the same extent that it does to the circuit courts of the state.
Sec. 25. Chapter one hundred and fifty-six of the code of West Virginia shall apply to the criminal court of McDowell 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 McDowell county, or the judge thereof in vacation, and the same powers may be exercised within the county of McDowell by said criminal court, and judge thereof in vacation, concurrent with the circuit court of said county as provided in said chapter. All examinations, recog. nizances, warrants of commitment and certificates or other proceedings, made returnable to the circuit court of McDowell county un. der the provisions of said chapter one hundred and fifty-six, may be made returnable likewise to said criminal court of McDowell county, concurrent with the circuit court of said county.
Sec. 26. The criminal court of McDowell 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. 27. The prosecuting attorney of McDowell county shall at. tend the terms of said criminal court, either by himself or his as. sistant, 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. 28. Sections forty-one, forty-two and forty-three of chapter forty-one of the code of West Virginia shall apply to the criminal court of McDowell county and the judge thereof, in the same manner and to the same extent as they do to the circuit court of MCDowell county and the judge thereof.
Sec. 29. The West Virginia reports and bound acts of the leg. islature are to be delivered to the said judge of the criminal court in the same manner as they are required to be delivered to the circuit courts of the state.
(Senate Bill No. 39.)
AN ACT establishing a court of limited jurisdiction for the trial
of felonies, misdemeanors and offenses within and for the county of Raleigh.
[Passed February 2, 1907. In effect from passage.
Became a law without the approval of the Governor.]
Court of limited jurisdiction es
tablished; name of court. Jurisdiction concurrent with cir
cuit court; in what cases and proceedings; power to admit attorneys to practice in courts of
state. Judge now in office; successor;
when to be elected; qualification; term of office and when to
begin. Powers and jurisdiction conferred
on court; powers of judge in va
cation. Facts authorizing jurisdiction need
not be set forth upon record ; jurisdiction presumed, unless,
etc. Power to punish for contempt. County court to provide office,
books, stationery and 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 same; who to execute such process, etc., salary in
addition to fees, how paid. Salary of judge, how paid; dis
cuting process. Grand jury for each term ; except,
etc., special grand jury; what offenses grand jury may
consider; provisions of law applicable; how grand and
petit juries chosen and empaneled ; compensation. When judge cannot preside he may
certify cause to circuit court; proceedings; recognizances 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 error and supersedeas, in what cases
allowed awarded by circuit
qualified from practicing law.
gin; special terms.
and sheriffs of other counties
deas; how obtained; what law to govern proceedings; no appeal allowed in certain cases, unless,
etc. Appeal, writ of error or supersedeas 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
appeals, 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.
Be it enacted by the Legislature of West Virginia:
Sec. 1. That a court of limited jurisdiction is hereby established in and for the county of Raleigh, 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 criminal court of Raleigh county."
Sec. 2. The said criminal court shall have jurisdiction within the county of Raleigh, concurrent with the circuit court, of all felonies, misdemeanors and offenses committed within the said county, and 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; said court shall also have jurisdiction, concurrent with the circuit court of said county as to the supervision and control of all criminal proceed.ings before justices of said county, the mayor and recorder of any incorporated city, town or village in said county, by appeal, mandamus, prohibition and certiorari; it shall also have jurisdiction concurrent with said circuit court for the collection of all the recognizances taken by said criminal court, and for the collection of all bonds taken by said criminal court, or 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 the 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; it shall also have jurisdiction, concurrent with the circuit court and county court, of all proceedings for the removal from office of all county and district officers, and the same powers to admit attorneys to practice in the courts of this state as the judges of the circuit court.
Sec. 3. The judge of said court elected at the general election held in this state on the Tuseday after the first Monday in Novem