Chap. 64.—An ACT to ainend the 13th, 5th, 16th and 42d seetions of
chapter 182 of the Code, and to repeal the T1th, 12th. 17th, Tsth, bth
and 20th sections of said chapter, in relation to Appeals and Writs of
Error and Supersedeas.

Passed March 3, 1865.

1. Be it enacted by the general assembly of Virginia, That
sections thirteen, fifteen, sixtecn and fort y-two of chapter one
hundred and eichty- -two of the Code of Virginia (edition of
eighteen hundred and sixty) be amended and re-enacted so
as to read as follows:

Ҥ 13. The petition shall be rejected when it is for an ap-
peal from an interlocutory decree or order in a case which
the court or judge to whom it is presented deems it most
proper should be proceeded in farther in the court below,
before an appeal is allowed therein. Ina case wherein the
court or judge to whom a petition is duly presented shall
deem the judgment, decree or order plainly right, and reject
it on that ground, if the order of rejection so state, and the
rejection be by the court in term, no other petition shall
afterwards be presented to the same purpose, except to an

appellate court, or a judge thereof, and founded upon the re-
jection of the petition by the inferior tribunal.”

Ҥ 15, Every appeal, writ of error or supersedcas shall,
when it is to or from a judgment, decree or order of the
court of any county or corporation, be dockcted in the cir-
cult court which has jurisdiction over such county or corpo-
ration; when it is to or from a judgment, decree or order of
any circuit court, it shall be docketed in the district court of
the district in which such circuit court is; and when from a
district court, it shall be in the supreme court of appeals.
The clerk of the court wherein it is docketed shall, in a case
in which it is allowed on petition, issue a summons against
the parties interested other than the petitioners, that they
may be heard, and also issue any supersedeas which may be
awarded. ”

“$16. No appeal, writ of error or supersedeas shall be
allowed to or from a judgment. decree or order of a district
court in any case in which the Judgment, decree or order of
the circuit court is wholly affirmed as to matters of substance,
unless the said district court shall enter of record, at the same
term at which the case is decided, that it involved questions
of such novelty or dithculty as to make it proper that it
should be finally determined in the supreme court of appeals.
In any such case, and in any other case decided in a district
court, in which the supreme court of appeals is not prohibited
hy the constitution from taking jurisdiction, an appeal, writ
of error or supersedeas shall lic to or from the supreme court
of appeals.” .

“$42. By consent of the parties, or their counsel, or for
cood cause shown, a pending cause may be transferred frora
a district to another district court, or from the supreme court
of appeals to a district court.”

». That sections eleven. twelve, seventeen, cighteen, nme-
teen and twenty of the same chapter be and the same are
hereby revealed.

3. The supreme court of appeals may, at their discretion,
transfer the cases now pending in said court, or any of them,
to the several district, courts in which they would be severally
docketed if new cases, according to the prowsions of this
act and of chapter one hundred and cighty-two o& the Code.
as herein amended: and when any case is so transferred, it
shall be subject to the said provisions in all respects 3 It
were & new case.

4. This act shall be in force from its passage, “sy,

Chap. 64.—An ACT to ainend the 13th, 5th, 16th and 42d seetions of
chapter 182 of the Code, and to repeal the T1th, 12th. 17th, Tsth, bth
and 20th sections of said chapter, in relation to Appeals and Writs of
Error and Supersedeas.

Passed March 3, 1865.

1. Be it enacted by the general assembly of Virginia, That
sections thirteen, fifteen, sixtecn and fort y-two of chapter one
hundred and eichty- -two of the Code of Virginia (edition of
eighteen hundred and sixty) be amended and re-enacted so
as to read as follows:

Ҥ 13. The petition shall be rejected when it is for an ap-
peal from an interlocutory decree or order in a case which
the court or judge to whom it is presented deems it most
proper should be proceeded in farther in the court below,
before an appeal is allowed therein. Ina case wherein the
court or judge to whom a petition is duly presented shall
deem the judgment, decree or order plainly right, and reject
it on that ground, if the order of rejection so state, and the
rejection be by the court in term, no other petition shall
afterwards be presented to the same purpose, except to an

appellate court, or a judge thereof, and founded upon the re-
jection of the petition by the inferior tribunal.”

Ҥ 15, Every appeal, writ of error or supersedcas shall,
when it is to or from a judgment, decree or order of the
court of any county or corporation, be dockcted in the cir-
cult court which has jurisdiction over such county or corpo-
ration; when it is to or from a judgment, decree or order of
any circuit court, it shall be docketed in the district court of
the district in which such circuit court is; and when from a
district court, it shall be in the supreme court of appeals.
The clerk of the court wherein it is docketed shall, in a case
in which it is allowed on petition, issue a summons against
the parties interested other than the petitioners, that they
may be heard, and also issue any supersedeas which may be
awarded. ”

“$16. No appeal, writ of error or supersedeas shall be
allowed to or from a judgment. decree or order of a district
court in any case in which the Judgment, decree or order of
the circuit court is wholly affirmed as to matters of substance,
unless the said district court shall enter of record, at the same
term at which the case is decided, that it involved questions
of such novelty or dithculty as to make it proper that it
should be finally determined in the supreme court of appeals.
In any such case, and in any other case decided in a district
court, in which the supreme court of appeals is not prohibited
hy the constitution from taking jurisdiction, an appeal, writ
of error or supersedeas shall lic to or from the supreme court
of appeals.” .

“$42. By consent of the parties, or their counsel, or for
cood cause shown, a pending cause may be transferred frora
a district to another district court, or from the supreme court
of appeals to a district court.”

». That sections eleven. twelve, seventeen, cighteen, nme-
teen and twenty of the same chapter be and the same are
hereby revealed.

3. The supreme court of appeals may, at their discretion,
transfer the cases now pending in said court, or any of them,
to the several district, courts in which they would be severally
docketed if new cases, according to the prowsions of this
act and of chapter one hundred and cighty-two o& the Code.
as herein amended: and when any case is so transferred, it
shall be subject to the said provisions in all respects 3 It
were & new case.

4. This act shall be in force from its passage, “sy,