Chap. 255.—An ACT to amend 4th section of chapter 160 of the Code,
in relation to the Jurisdiction of the Court of Appeals.
Passed February 27, 1867.
1. Be it enacted by the general assembly, That the fourth
section of chapter one hundred and sixty of the Code of
eighteen hundred and sixty, be amended and re-enacted so
as to read as follows: .
“§4, The said supreme court, besides having jurisdiction
of all such matters as are now pending therein, shall have
jarisdiction to issue writs of mandamus and prohibition to
the district courts. It shall also have jurisdiction to issue
writs of mandamus to the circuit courts when necessary to
carry into effect any judgment or decree of its own, or of
any special court of appeals, and in all other cases in which
it may be necessary to prevent a failure of justice, in which
a mandamus may issue according to the principles of the
common law. The practice and proceedings upon such writs
to be governed and.regulated in all cases by the principles
and practice now prevailing in respect to wits of man-
damus.” :
2. This act shall be ih force from the passing thereof.