Chap. 60.—An ACT to amend the Ist and 6th sections of chapter 160 of
the Code of 1861), relating to the Court of Appeals, to repeal other sec-
tions of said chapter, and making Provisions concerning the Oreaniza-
tion, Jurisdiction and Proceedings of said Court,

Passed March 3, 1566.

1. Be it enacted by the general assembly, That the first
and sixth sections of chapter one hundred and sixty of the
Code of eighteen hundred and sixty shall be amended so as
to read as tollows:

“$1. The judges of the supreme court of appeals shall
appoint one of their number as president of the court.”

Ҥ6. The supreme court of appeals shall be organized
Within sixty days after the judges thereof shall be commis-
sioned. The said court shall hold its sessions in the city of
Richmond, in the capitol, or in such other building as may be
provided by the governor. The sessions of the court shall
commence at such times and be divided into such terms as
the court may direct, and shall, during the present year, con-
tinue at least one hundred days; and in each subsequent
year, at least two hundred and fifty days, unless the business
is sooner dispatched.”

2. The residue of chapter one hundred and sixty, from
Rection seven, inclusive, to the end of the said chapter, is
hereby repealed.

3. There shall be placed upon the docket of the court of
appeals, all causes which were depending in the former court
of appeals on the seventeenth of April, eighteen hundred and
sixty-one, and not disposed of or determined by the court of
appeals, sitting under the secession government; and also all
causes which, on the second day of April, eighteen hundred
and sixty-five, were depending and undetermined in the court
of appeals, under the secession government; and all other
causes which, by law, may be docketed in or transferred to
said court.

4. The records and papers connected with the former
court of appeals, at Lewisburg, shall be transferred to Rich-
t

mond, and the cases in that court shall be docketed as pro-
vided in the third section: provided, that the records and
papers in pending cases, from the counties now belonging to
West Virginia, shall, by the order of the court, be delivered
to any person who may be appointed, by the governor of
West Virginia, to receive them; and said cause shall there-
upon be stricken from the docket; but this proviso shall not
apply to cases from the counties of Jefferson and 3B erkeley.
» If, at any time, there shall be on the docket of the su-
preme court of appeals a case in which a majority of the

judges of said court are so situated as to make it Improper

for them to sit on the hearing thereof, that fact shall be en-
tered of record. The said court may, thereupon, have sum-
moned from among the judges of the circuit court as many
as, with the judge of the supreme court of appeals not so
situated, will make the number not less than three, nor more
than five, who shall, together with said judee of the court of
appeals, form a speci inl court of appeals, to hear and deter-
mine said cause: or the supreme court of appeals may, in its
discretion, transfer the said cause to a district court, to which
the judge of the court of appeals not disqualified belongs, if
it be such a case as a district court may, under the constitu-
tion, take cognizance of; and the decision of the district
court, in such ease, shali be final.

6. The supreme court of appeals may appoint a crier and
a tipstatf, who shall severally perform such duties as the court
may prescribe, and be removable at its pleasure, who shall
receive, out of the treasury, such reasonable compensation as
the court may allow.

7. So much of the Iaw library, as the supreme court of
appeals may direct, shall be put up in the court room or con-
ference room, for the use of the court, and shall be under the
control of the court, subject to such privileges to other per-
sons as may be allowed by Jaw, or by the rules established
by the court. The court shall appoint one of its officers to
perform the duties of librarian.

The sum of five hundred dollars is hereby appropriated
to the law hbrary, out of any money in the treasury not
otherwise appropriated, to be expended under the direction
of the supreme court of appeals.

9. The expense of carrying the provisions of this act into
effect, except the provision of the eighth section, shall be
paid, on the order of the governor, out of any money in the
treasury not otherwise appropriated by law.

10. This act shall be in force from its passage.
Chap. 60.—An ACT to amend the Ist and 6th sections of chapter 160 of
the Code of 1861), relating to the Court of Appeals, to repeal other sec-
tions of said chapter, and making Provisions concerning the Oreaniza-
tion, Jurisdiction and Proceedings of said Court,

Passed March 3, 1566.

1. Be it enacted by the general assembly, That the first
and sixth sections of chapter one hundred and sixty of the
Code of eighteen hundred and sixty shall be amended so as
to read as tollows:

“$1. The judges of the supreme court of appeals shall
appoint one of their number as president of the court.”

Ҥ6. The supreme court of appeals shall be organized
Within sixty days after the judges thereof shall be commis-
sioned. The said court shall hold its sessions in the city of
Richmond, in the capitol, or in such other building as may be
provided by the governor. The sessions of the court shall
commence at such times and be divided into such terms as
the court may direct, and shall, during the present year, con-
tinue at least one hundred days; and in each subsequent
year, at least two hundred and fifty days, unless the business
is sooner dispatched.”

2. The residue of chapter one hundred and sixty, from
Rection seven, inclusive, to the end of the said chapter, is
hereby repealed.

3. There shall be placed upon the docket of the court of
appeals, all causes which were depending in the former court
of appeals on the seventeenth of April, eighteen hundred and
sixty-one, and not disposed of or determined by the court of
appeals, sitting under the secession government; and also all
causes which, on the second day of April, eighteen hundred
and sixty-five, were depending and undetermined in the court
of appeals, under the secession government; and all other
causes which, by law, may be docketed in or transferred to
said court.

4. The records and papers connected with the former
court of appeals, at Lewisburg, shall be transferred to Rich-
t

mond, and the cases in that court shall be docketed as pro-
vided in the third section: provided, that the records and
papers in pending cases, from the counties now belonging to
West Virginia, shall, by the order of the court, be delivered
to any person who may be appointed, by the governor of
West Virginia, to receive them; and said cause shall there-
upon be stricken from the docket; but this proviso shall not
apply to cases from the counties of Jefferson and 3B erkeley.
» If, at any time, there shall be on the docket of the su-
preme court of appeals a case in which a majority of the

judges of said court are so situated as to make it Improper

for them to sit on the hearing thereof, that fact shall be en-
tered of record. The said court may, thereupon, have sum-
moned from among the judges of the circuit court as many
as, with the judge of the supreme court of appeals not so
situated, will make the number not less than three, nor more
than five, who shall, together with said judee of the court of
appeals, form a speci inl court of appeals, to hear and deter-
mine said cause: or the supreme court of appeals may, in its
discretion, transfer the said cause to a district court, to which
the judge of the court of appeals not disqualified belongs, if
it be such a case as a district court may, under the constitu-
tion, take cognizance of; and the decision of the district
court, in such ease, shali be final.

6. The supreme court of appeals may appoint a crier and
a tipstatf, who shall severally perform such duties as the court
may prescribe, and be removable at its pleasure, who shall
receive, out of the treasury, such reasonable compensation as
the court may allow.

7. So much of the Iaw library, as the supreme court of
appeals may direct, shall be put up in the court room or con-
ference room, for the use of the court, and shall be under the
control of the court, subject to such privileges to other per-
sons as may be allowed by Jaw, or by the rules established
by the court. The court shall appoint one of its officers to
perform the duties of librarian.

The sum of five hundred dollars is hereby appropriated
to the law hbrary, out of any money in the treasury not
otherwise appropriated, to be expended under the direction
of the supreme court of appeals.

9. The expense of carrying the provisions of this act into
effect, except the provision of the eighth section, shall be
paid, on the order of the governor, out of any money in the
treasury not otherwise appropriated by law.

10. This act shall be in force from its passage.