Chap. 414.—An ACT to amend and re-enact sections 3086, 3093, and 3095 of the
Coda of Virginia.

Approved December 10, 1903.

1. Be it enacted by the gencral assembly of Virginia, That sections
thirty hundred and eighty-six, thirty hundred and ninety-three, and
thirty hundred. and ninety-five of the Code of Virginia be amended and
re-enacted so as to read as follows:

§ 3086. Jurisdiction of writs of mandamus and _ prohibition—The
said supreme court, besides having jurisdiction of all such matters as
are now pending therein, shall have jurisdiction to issue writs of man-
damus and prohibition to the circuit and city courts, and to the State cor-
poration commission, and in all other cases where such writs, respectively,
would lie according to the principles of the common law: provided, that
no writ of mandamus, prohibition, or any other summary process what-
ever, shall issue in any case of the collection of revenue, or attempt to
collect the same, or to compel the collecting officers to receive anything
in payment of taxes except gold or silver coin, United States treasury
notes, or national bank notes, or in any case arising out of the collection
of revenue in which the applicant for the writ or process has any other
remedy adequate for the protection and enforcement of his individual
right, claim, and demand, if just.

§ 3093. Transfer of cases from one place to another; orders and de-
crees, where made; how certified.—By consent of parties, or their counsel,
or for reasons appearing to the court, any cause pending in said court at
one place of session may be transferred to another place of session, there
to be heard and determined.

The court at any place of session may enter any order or decree in a
cause docketed at any other place of session which it could enter if in
session at that place. When any such order or decree is made the court
shall have the same certified by the clerk at the place where it is then
sitting to the clerk at the place where the cause is docketed, to be by him
entered in the proper order book of the court. All orders and decrees
so made and entered shall have the same force and effect as if made and
entered in term.

§ 3095. Special court of appeals; when and how formed; where held ;
and how judges appointed to {ill vacancies under section eighty-cight of
the Constitution.—If at anv time there shall be on the docket of the su-
preme court of appeals a case in which a majority of the judges of the
ssid court are so situated as to make it improper for them to sit on the
hearing thereof, or if the court should be so situated in the re-hearing
of a case involving a constitutional question, according to the provisions

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of section eighty-eight af the Constitution, that a full court cannot b:
secured, on account of any one or more of the judges being unable, un
willing, or disqualified to sit, the fact shall be entered of record. The
said court may thereupon have summoned from among the judges of th«
circuit courts, or judges of the city courts of record of cities of the first
class, as many as, with the judges of the supreme court of appeals not sc
situated, will make the number five, who shall together form and hol
a special court of appeals to hear and determine any case in which a ma.
jority of the judges of the supreme court of appeals shall be so situate"
as to make it improper for them to sit, or to hear any case involving 2
constitutional question under section eighty-eight of the Constitution,
in which one or more of the judges of the said court shall be so disquali-
fied, and upon which said question a majority of the court shall not agree.
The said special court shall be held at Richmond, Wytheville, or Staun-
ton, as the case may be.
2. This act shall be in force from its passage.