Chap. 15.—An ACT to amend and re-enact sections one hundred
and twelve, six hundred and thirty-three, six hundred and seventy-
four, two thousand five hundred and thirty-three, three thousand
and forty-five, three thousand and fifty-three, three thousand and
ninety-three, three thousand and ninety-one, three thousand four
hundred and fifty-five, three thousand four hundred and-ninety-
two, four thousand and forty-eight, and four thousand and forty-
nine of the act entitled an act to revise, arrange, and consolidate
into a Code the general statutes of the commonwealth, approved
May 16, 1887.

Approved January 18, 1888,

1. Be it enacted by the general assembly of Virginia, That
sections one hundred and twelve, six hundred and thirty-
three, six hundred ead seventy-four, twenty-five hundred and
thirty-three, three thousand and forty-five, three thousand
and fifty-three, three thousand and ninety, three thousand
and ninety-one, three thousand four hundred and fifty-five,
three thousand four hundred and ninety-two, four thousand
and forty-eight, and four thousand and. forty-nine of the act
entitled an act to revise, arrange, and consolidate into a Code
the general statutes of the commonwealth, approved May
sixteenth, eighteen hundred and eighty-seven, be amended
and re-enacted so as to read as follows:

§ 112. Each magisterial district of a county, and each ward.
of a city, shall severally constitute an election district, unless
such magisterial district or ward be divided into more elec-
tion districts than one, and the elections therein shall be held
at such place or places as may be designated by the proper
authorities appointed by law for that purpose. The election
districts and voting places, as constituted on the day before
this Code takes effect, shall so continue unless and until
changed as hereinafter provided.

§633. Whenever the word “collector” is used in this
chapter, it shall be construed to mean a collector appointed
under section six hundred and nineteen; and nothing con-
tained in this chapter, in conflict with any provision of the
charter of any city shall be construed to repeal such pro-
vision.

_§ 674. Where lands have been offered for ‘sale under the
act of Mareh nineteenth, eighteen hundred and ‘eighty-four,
as amended by the act of February eighth, eighteen hundred
and eighty-six, and purchased in the name of the common-
wealth, and are unsold and unredeemed when this Code takes
effect, such lands shall have applied to them, and the rights
of all persons interested therein shall’ be governed by the
provisions of this chapter: and nothing contained in this
chapter in conflict with any provision of the charter of any
city, shall be construed to repeal such provision.

§ 2533. The circuit, county, and corporation courts shall
have jurisdiction as to the probate of wills, according to the
following rules, that is to say: in the county or corporation
wherein the decedent has a mansion house or known place
of residence; if-he has no such house or place of residence,
then in a county or corporation wherein any real estate lies
that is deserted or owned by the decedent; and if there be no
such real estate, then in the county or corporation wherein
he dies, or a county or corporation wherein he has estate.

§ 3045. There shall be held monthly in each county, a term
of thé county court, the commencement whereof shall be
according to the laws in force on the day before this Code
takes effect, and with the jurisdiction hereinafter provided.
Such term may continue not exceeding fifteen days. The
court may, from time to time, change the day for the com-
mencement of the term thercof, and the clerk of such court,
within thirty days after any change has been made, shall
send a copy of the order making it to the clerk of the house
of delegates. All matters and things authorized by law to

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be done by or in the county court, may be done at any term
thereof.

§ 3053. For any corporation, in which the power of hold-
ing court has been or shall be vested by law, there shall be
held, monthly terms of the corporation court, the commence-
ment whereof shall be according to the laws in force on the
day before this Code takes effect; but a judge of any such
court may, in his discretion, omit the holding of a term for
the month of July or for the month of August, as he may
deem best.

§ 3090. The court, at its session at Wytheville, in the
county of Wythe, shall hear and determine all appeals, writs
of error, or supersedeas, which may be brought to the court
of appeals from or to decrees, judgments, sentences, or order
of courts from the city of Roanoke, and the following coun-
ties to-wit: Craig, Roanoke, Montgomery, Floyd, Patrick,
Carroll, Pulaski, Giles, Bland, Wythe, Grayson, Smyth, Taze-
well, Washington, Russell, Buchanan, Wise, Dickengon, Scott,
Lee, Franklin, and Bedford.

§ 3091. The court, at its session at Staunton, in the county
of Augusta, shall hear and determine all appeals, writs of
error, or supersedeas which may be brought to the court of
appeals from or to decrees, judgments, sentences, or orders
of court, from the residue of the counties west of the Blue
Ridge and from the cities of Staunton and Winchester, and
also from the counties of Albemarle, Amherst, and Nelson.

§ 3455. No petition shall be presented for an appeal from,
or writ of error or supersedeas to any final judgment, decree,
or order, whether the commonwealth be a party or not, which
shall have been rendered more than one year before the peti-
tion is presented; nor to any judgment of a county or corpo-
ration court which is rendered on an appeal from a judgment
of a justice, except in cases where it is otherwise expressly
provided; nor to a judgment, decree, or order of any other
court, when the controversy is for a matter less in value or
amount than five hundred dollars, exclusive of costs, unless
there be drawn in question a freehold or franchise, or the
title, or bounds of land, or some matter not merely pecuniary:
provided however, that if the final decree from which an
appeal is asked is a decree refusing a bill of review toa de-
cree rendered more than six months prior thereto, no appeal
from or supersedeas to such decree so refusing a bill of review
shall be allowed, unless the petition be presented within six
months from the date of such decree.

§ 3492. The supreme court of appeals, on the application
of a party, shall rehear and review any case decided by the
said court if one of the judges who decides the case adversely
to the applicant, certifies that, in his opinion, there is good
cause for such rehearing. It the case was decided within
the last fifteen days of the term, the application shall be made
before the end of the said term or within fifteen days after
the commencement of the next term, wherever held. In all
other cases the application shall be made within such time
during the term at which the decision was made, and under
such rules and regulations as the court may prescribe. Such
rehearing and review may be at any place of session; and
the judgment, decree, or order made thereon shall be entered
on the order-book where it is made, and if not made at the
place of session where the case was pending at the time it
was originally determined, it shall be certified to the clerk of
the court at the place of session where the case was originally
pending as aforesaid, who shall forthwith enter the same on
his order-book, and transmit a certified copy thereof to the
clerk of the court below, to be by him entered as provided
by section three thousand four hundred and ninety.

§ 4048. Jurors drawn or summoned under chapter one
hundred and fifty-two shall be jurors as well for the trial of
cases of misdemeanor as of civil cases, and all the provisions
of that chapter, except the provisions of sections thirty-one
hundred and sixty-two and thirty-one hundred and sixty-six,
and that provision of section thirty-one hundred and sixty

which directs the compensation and mileage of jurors to be
paid out of the county or corporation levy (which excepted
provisions shall apply exclusively to jurors and juries in civil
cases) shall extend as well to jurors and pusies in cases of
misdemeanor as to jurors and juries in civil cases. And sec-
tions thirty-one hundred and thirty-nine, thirty-one hundred
and forty, thirty-one hundred and forty-one, thirty-one hun-
dred and fifty-one, thirty-one hundred and fifty-four, thirty-
one hundred and fifty-five, thirty-one hundred and fifty-six,
thirty-one hundred and sixty-one, thirty-one hundred and
sixty-three, thirty-one hundred and sixty-fuur, thirty-one
hundred and sixty-seven, and thirty-one hundred and sixty-
eight, shall apply to jurors and juries in all cases, criminal as
well as civil.

§4049. The compensation and mileage of jurors in all
criminal cases shall be the same provided for in civil cases in
section thirty-one hundred and sixty, except that a juror
summoned for the trial of a case of felony, shall be entitled
to receive one dollar per day for each day’s attendance on
the court to which he is summoned, whether he serves on
the jury or not; which compensation and mileage shall be
paid out of the treasury of the state, except when the same
is divided according to section thirty-one hundred and sixty,
such part as is required to be paid out of the county or cor-
poration levy. If the same person attend as a juror ina
felony case and also as a juror in any other case, he shall
receive compensation and mileage in only one case.

2. This act shall be in force upon and after May first,
eighteen hundred and eighty-eight.