Chap. 44.—An ACT to amend and re-enact section 3058 of the Code of Vir-
ginia, as amended and re-enacted by an act of the General Assembly,
approved on the 26th day of December, 1903, so as to give to courts of
equity jurisdiction to remove clouds from title to real estate where
the complainant is not in possession, or where the complainant has the
equitable right to the legal title.

Approved February 20, 1912.

1. Be it enacted by the general assembly of Virginia, That
section thirty hundred and fifty-eight of the Code of Virginia
be amended and re-enacted so as to read as follows:
§3058. “The circuit and corporation courts shall have juris-
diction of proceedings by quo warranto, or information in the
nature of quo warranto,*and to issue writs of mandamus, pro-
hibition and certiorari, to all inferior tribunals created or exist-
ing under the laws of this State, and to issue writs of mandamus
in all matters or proceedings arising from or pertaining to the
action of the board of supervisors of the several counties for
which said courts are respectively held, or other cases in which
it may be necessary to prevent the failure of justice, and in
which mandamus may issue according to the principles of com-
mon law. They shall have jurisdiction of all cases, both civil
and criminal, which are existing or pending in the respective
county courts for the counties on the thirty-first day of January,
nineteen hundred and four, and shall have appellate jurisdiction
in all cases, civil and criminal, where an appeal may, as pro-
vided by law, be taken or allowed by the said court or the judge
thereof, from or to the judgment or proceedings of any inferior
tribunal. |

They shall have original and general jurisdiction of all cases
in chancery and civil cases at law, except cases at law to recover
personal property, or money, not of greater value than twenty
dollars, exclusive of interest, except such cases as are assigned
to some other tribunal; and also in all cases for the recovery
of fees, penalties, or any cases involving the right to levy and
collect tolls or taxes, or involving the validity of an ordinance
or by-law of any corporation; and also of all cases, civil or crimi-
nal, where an appeal may be had to the Supreme Court of
Appeals.”

And whenever the circuit and corporation courts have juris-
diction on the chancery side to remove clouds from title to real
estate by bill quia timet, in case the party filing such bill were
in possession of such real estate, such courts shall have jurisdic-
tion to maintain such a bill whether the party filing the same be
in possession of such real estate or not. And any suit now pend-
ing to remove clouds from title, in which a final decree has not
been entered, which, but for this act, would be dismissed for
want of jurisdiction, shall be retained by the court and proceeded
in as if brought after this act.

And any person who has an equitable title to real estate and
the right to the legal title, shall have the right to file such a bill
as mentioned above, whether such person be in possession or
not, and such bill shall be maintained and heard, and the court
shall give all such relief to the parties to such bill as they may
be legally or equitably entitled to: provided, however, that in
any proceeding brought under this act, if any issue be made,
which, but for this act, would have entitled any party to a trial
by jury, the court, upon the motion of such party, shall direct
such issue to be tried by a jury, as an issue out of chancery,
and, on the trial of such issue, the same rules of evidence and
the same presumptions shall apply as if the issue were being
tried in an action at law, and the verdict shall have the same
effect as verdicts in ordinary issues out of chancery.

They shall also have original jurisdiction of all presentments,
informations and indictments for felonies, and tor such misde-
meanors as may be made cognizable therein by any statute, and
of the proceedings therein.

They shall have appellate jurisdiction of all cases, civil and
criminal, where an appeal, writ of error or supersedeas may,
as provided by law, be taken to or allowed by the said courts,
or the judges thereof, from or to the judgment or proceedings
of any inferior tribunal. They shall also have jurisdiction of
all other matters, civil and criminal, made cognizable therein
by law, and where a motion to recover money is allowed in said
courts other than under section thirty-two hundred and eleven,
they may hear and determine the same, although it be to recover
less than twenty dollars: provided, however, that no circuit
court shall have any original or appellate jurisdiction in crimi-
nal cases arising within the territorial limits of any city wherein
there is established by law a corporation or hustings court.