Sec. 6. The domestic relations court shall have the same powers 2 to punish for contempt as are conferred upon the circuit court by 3 law.

Sec. 7. The judge of the circuit court of Cabell county, may 2 in his discretion, certify to the said domestic relations 3 court any portion or all of the divorce docket, suits for the an4 nulment of marriage and suits for alimony pending in said circuit 5 court on the first day of May, one thousand nine hundred and 6 twenty-one, and all matters, suits, actions, petitions and proceedings so certified to said domestic relations court by said circuit court 8 shall be docketed and thereafter proceeded with therein accord9 ing to law. The judge of the said circuit court, in his discretion, 10 may also direct the clerk of the said court to docket all such mat11 ters, suits, actions, petitions and proceedings as may be instituted 12 on and after the first day of May, one thousand nine hundred and 13 twenty-one, either in said circuit court or in said domestic rela14 tions court. And in the event of the absence or disqualification of 15 either of said judges any matter coming within the purview of 16 this act pending in either court may be certified to the other court, 17 docketed therein and proceeded with according to law. And the 18 judge of the common pleas court of Cabell county shall, on the first 19 day of May, one thousand nine hundred and twenty-one, certify 20 to said domestic relations court such cases as may be upon the 21 juvenile and non-support docket, pending in such common pleas 22 court at such time, and all matters, suits, actions, petitions and 23 proceedings so certified to said domestic relations court shall be 24 docketed therein and thereafter proceeded with therein according 25 to law. And on and after May first, one thousand nine hundred 26 and twenty-one, the common pleas court shall not have jurisdic27 tion of any matter coming within the purview of this bill.

Sec. 8. For the purpose of maturing, docketing, hearing and 2 determining all matters, suits, petitions and other proceedings 3 properly determinable in said domestic relations court and arising 4 out of or relating to the administration of the laws of this state 5 relating to divorce, annulment or marriage and suits for alimony, 6 there shall be regularly continued and held four terms of said 7 court each year, beginning respectively on the first Monday in 8 March, June, September and December. Special terms of said 9 court may be called and held whenever, in the discretion of the 10 judge of said court and public interest requires such special terms,

11 in the manner provided by law for the calling and holding of 12 special terms of circuit court. The said judge shall have jurisdic13 tion and authority, in the vacation of said court, to make and enter 14 such proper orders in any matter, suit, action, petition or pro15 ceeding pending in said court as the judge of the circuit courts 16 now have under the laws of this state, and all matters arising 17 under the jurisdiction of said court other than divorce and an18 nulment of marriage and alimony causes may be heard and de19 termined either in term time or in vacation of said court, pro20 vided, however, that proper notice be given as provided by law 21 for the particular case. And that the mode of procedure in cases 22 instituted in this court shall be the same as that prescribed for 23 the circuit courts of this state in similar causes, and the court is 24 hereby empowered to appoint such additional officers, commis25 sioners in chancery and jury commissioners as shall enable the said 26 court to discharge all the duties required of it under the provisions 27 of this bill and the general laws of the state hereunder. And the 28 judge of said court shall have the power to make rules for the 29 transaction of the business of said court, provided the same are 30 in conformity with the laws of the state of West Virginia.

Sec. 9. The clerk of the circuit court of Cabell county shall 2 act as and perform the duties as clerk of the said domestic rela3 tions court and shall exercise the same powers and duties arising 4 within the jurisdiction of said court as are performed by him as 5 clerk of the circuit court of said Cabell county. All processes, 6 rules and orders of said court in the exercise of its jurisdiction 7 shall be signed by the clerk thereof to be directed to the sheriffs' 8 of the proper counties wherein the same are executed in like man9 ner and with the same effect as processes issuing from the circuit 10 court of said Cabell county.

Sec. 10. The sheriff of Cabell county and the sheriffs of the 2 several counties in the state shall by themselves or their deputies 3 execute all processes of said court, issued by the clerk thereof, di4 rected to them respectively, and all processes emanating from said 5 domestic relations court shall be directed to and executed 6 by them in the same manner as is provided by law as to 7 processes issuing from the circuit court of said clerk. And the 8 sheriff of Cabell county shall perform the same duties and ser9 vices for the domestic relations court as he is now by law required 10 to perform for the circuit court of said county; and in the exe11 cution of processes, rules and orders of said court, the said officer

12 shall have the same powers and rights, be subject to the same 13 liabilities, govern himself by the same rules and principles of law 14 and the statutes of the state, as though the processes issued from 15 the circuit court of said county.

Sec. 11. That for the proper and efficient administration and 2 enforcement of the matters within its jurisdiction, the judge of the 3 domestic relations court shall name two probation officers, who 4 shall be appointed and qualified and who shall receive the salaries 5 and expenses, who shall be charged with the same duties and who 6 shall have the same power and authorities as provided by section 7 six of chapter three, acts of the legislature of West Virginia, ses8 sion of one thousand nine hundred and nineteen and of all amend9 ments and re-enactments thereof.

Sec. 12. It shall be the duty of the county court of Cabell county 2 to provide all record and other books and stationery that may 3 be necessary, and likewise a seal for said domestic relations court; 4 but full faith and credit shall be given to the record of said court 5 and certificates of its judge or clerk, whether the seal of the court 6 be affixed thereto or not, in like manner and with the same effect 7 as if the same were records of the circuit court similarily authen8 ticated. And the said county court of Cabell county shall furnish 9 and provide sufficient rooms and furniture for the proper conduct 10 and holding of said court.

Sec. 13. Appeals may be allowed and writs of error and super2 sedeas awarded to the judgments, ruling and orders of the said 3 domestic relations court or the judge thereof, by the circuit court 4 of Cabell county or the judge thereof, or the judge of any other 5 circuit court in this state, in cases involving the freedom of the 6 person or the constitutionality of the law, and in case of the re7 fusal of the circuit court of Cabell county or the judge thereof, 8 application for such writ of error and supersedeas or appeal may 9 be made direct to the supreme court of appeals of the state or 10 any judge thereof, provided, however, that in all cases such appli11 cation shall be made within sixty days next following date of the 12 entry of final order of judgment.

Sec. 14. All acts or parts of acts in conflict herewith are hereby 2 repealed.

CHAPTER 169

(House Bill No. 198-Mr. Fout.)

AN ACT to repeal chapter fifty-three of the acts of the legislature of one thousand nine hundred and thirteen, which altered and modified the county court of Grant county under the twentyninth section of the eighth article of the constitution of West Virginia, and to provide for the election of county commissioners in said county in accordance with sections twenty-two and twenty-three of article eight of the constitution of West Virginia.

[Passed April 19, 1921. In effect ninety days from passage. Approved by the Governor April 29, 1921]

Be it enacted by the Legislature of West Virginia:

Section 1. That chapter fifty-three of the acts of the legisla2 ture, one thousand nine hundred and thirteen, which altered and 3 modified the county court of Grant county under the twenty4 ninth section of the eighth article of the constitution of West 5 Virginia, be, and the same is hereby repealed.

Sec. 2. There shall be in the county of Grant, a county court, 2 composed of three commissioners, and two of said commissioners 3 shall be a quorum for the transaction of business. It shall hold 4 four regular sessions in each year, at such times as may be 5 fixed upon and entered of record by the said court. Special ses6 sions of said court may be held as provided by law."

Sec. 3. The commissioners shall be elected by the voters of 2 the county, at the next general election after this act becomes 3 effective, and shall hold their office for the term of six years, 4 except that at the first meeting of said commissioners they shall 5 designate by lot or otherwise in such manner as they may de6 termine, one of their number who shall hold his office for the 7 term of two years, one for four years, and one for six years, 8 so that one commissioner shall be clected every two years, but 9 no two of such commissioners shall be elected from the same 11 magisterial district. And if two or more persons residing in 11 the same district shall receive the greater number of votes cast

12 at any election, then only the one of such persons receiving the 13 highest number shall be declared elected, and the person living 14 in another district, who shall receive the next highest number 15 of votes cast, shall be declared elected. Such commissioners 16 shall annually elect one of their number as president, and each 17 shall receive two dollars per day for his services in court, to 18 be paid out of the county treasury.

Sec. 4. The commissioners and clerk of the present county 2 court as altered and modified by chapter fifty-three of the acts 3 of the legislature of one thousand nine hundred and thirteen 4 shall continue as commissioners and clerk of the county court 5 established by this act until the term for which each was elected 6 shall have expired, and until their successors shall have been 7 elected or appointed and qualified.

CHAPTER 170

(House Bill No. 250-Mr. McClintic, of Kanawha.)

AN ACT to amend and re-enact section nine of chapter fifty-six of the acts of one thousand nine hundred and nineteen, relating to the intermediate court of Kanawha county.

[Passed April 5, 1921.

SEC.

In effect from its passage.
April 9, 1921.]

9. Salary; amount; how paid.

Approved by the Governor

Be it enacted by the Legislature of West Virginia:

That section nine of chapter twenty-eight of the acts of one thousand nine hundred and nineteen be amended and re-enacted so as to read as follows:

Section 9. The said judge of the intermediate court of Kan2 awha county shall for his services receive a salary of five thou3 sand five hundred dollars per annum, to be paid out of the 4 county treasury of said county, from the first day of January, one 5 thousand nine hundred and twenty-one.