Chap. 495.—An ACT to repeal sections 3063, 3065, 3066, and 3067 of the C
Virginia, and to amend and re-enact sections 3056, 3057, 3058, 3059, 306
3062 of the Code of Virginia, as heretofore amended.

Approved December 26, 1903.

1. Be it enacted by the general assembly of Virginia, That se
three thousand and sixty-three, three thousand: and: sixty-five, three
sand and sixty-six, and three thousand and sixty-seven of the Co
Virginia, as heretofore amended, be, and the same are hereby, rep
and that sections three. thousand and fifty-six, three thousand and
seven, three thousand and fifty-eight, three thousand and fifty-nine,
thousand and sixty, and three thousand and sixty-two of the Co
Virginia, as heretofore amended, be amended and re-enacted so as to
as follows:

§ 3056. Circuit courts established for counties and cities ——Fo
city of Williamsburg and the county of James City, for that part o
county of Henrico which is without the corporate limits of the ci
Richmond, and for every other county, and for each of the cities of
andria, Danville, Lynchburg, Manchester, Newport News, Norfolk
tersburg, Portsmouth, Richmond, and Roanoke, there shall be a c’
court, which shall be called the circuit court of such county or cit
such city and county, as the case may be.

§ 3057. Judicial circuits.—The State shall be divided into twenty
judicial circuits, as follows:

The counties of Norfolk, Princess Anne, and the city of Portsm
shall constitute the first circuit.

The counties of Nansemond, Southampton, Isle of Wight, an
city of Norfolk, shall constitute the second circuit.

The counties of Prince George, Surry, Sussex, Greenesville, and B
wick, shall constitute the third circuit.

The counties of Chesterfield, Powhatan, Dinwiddie, Nottoway,
Amelia, and the city of Petersburg, shall constitute the fourth ciret

The counties of Prince Edward, Cumberland, Buckingham, Appx
tox, and Charlotte, shall constitute the fifth circuit.

The countics of Lunenburg, Mecklenburg, Halifax, Campbell, an
city of Lynchburg, shall constitute the sixth circuit.

The counties of Pittsylvania, Franklin, Henry, and Patrick, an
city of Danville, shall constitute the seventh circuit.
The counties of Amherst, Nelson, Albemarle, Fluvanna, and Gooch
land, shall constitute the eighth circuit.

The counties of Rappahannock, Culpeper, Madison, Greene, Orange
and Louisa, shall constitute the ninth circuit.

The county of Henrico and the city of Richmond, shall constitute th
tenth. circuit.

The counties of Accomac, Northampton, Elizabeth City, and the cit
of Newport News, shall constitute the eleventh circuit.

The counties of Richmond, Northumberland, Westmoreland, Lancas
ter, and Essex, shall constitute the twelfth circuit.

The counties of Gloucester, Mathews, King and Queen, King William
and Middlesex, shall constitute the thirteenth circuit.

The counties of New Kent, Charles City, York, Warwick, James City
and the city of Williamsburg, shall constitute the fourteenth. circuit.

The counties of King George, Stafford, Spotsylvania, Caroline, anc
Hanover, shall constitute the fifteenth circuit.

The counties of Fauquier, Loudoun, Prince William, Fairfax, anc
Alexandria, and the city of Alexandria, shall constitute the sixteentl
circuit.

The counties of Frederick, Clarke, Warren, Shenandoah, and Page
shall constitute the seventeenth circuit.

The counties of Rockingham, Augusta, and Rockbridge, shall consti
tute the eighteenth circuit.

The counties of Highland, Bath, Alleghany, Craig, and Botetourt
shall constitute the nineteenth circuit.

The counties of Bedford, Roanoke, Montgomery, and Floyd, and th
city of Roanoke, shall constitute the twentieth circuit.

The counties of Pulaski, Carroll, Wythe, and Grayson, shall constitute
the twenty-first circuit.

The counties of Bland, Tazewell, Giles, and Buchanan, shall consti
tule the twenty-second circuit.

The counties of Washington, Russell, and Smyth, shall constitute th:
twenty-third circuit.

The counties of Scott, Lee, Wise, and Dickenson, shall constitute th
twenty-fourth circuit.

§ 3058. Jurisdiction of circuit courte——The circuit courts shall hav
jurisdiction of proceedings by quo warranto, or information in the natur
of quo warranto, and to issue writs of mandamus, prohibition, and cer
tiorari, to all inferior tribunals created or existing under the laws of thi
State, and to issue writs of mandamus in all matters or proceeding:
arising from or pertaining to the action of the board of supervisors 0:
the several counties for which said courts are respectively held, or othe:
cases in which it may be necessary to prevent the failure of justice, anc
in which mandamus may issue according to the principles of common law
They shall have jurisdiction of all cases, both civil and criminal, whicl
are existing or pending in the respective county courts for the countie
on the thirty-first day of January, nineteen hundred and four, and shal
have appellate jurisdiction in all cases, civil and criminal, where ar
appeal may, as provided by law, be taken or allowed by the said court o:
766 ACTS OF ASSEMBLY.

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 chan-
cery and civil cases at law, except cases at law to recover personal pro-
perty or money, not of greater value than twenty dollars, exclusive of in-
terest, 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
criminal, where an appeal may be had to the supreme court of appeals.

They shall also have original jurisdiction of all presentments, infor-
mations, and indictments for felonies, and for such misdemeanors 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 cogniza-
ble 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 criminal cases arising within the ter-
ritorial limits of any city wherein there is established by law a corpora-
tion or hustings court.

§ 3059. Commencement and number of their terms.—Unless other-
wise herein provided, there shall be held in each of the cities of the Com-
monmwealth two terms of the circuit court of such city in each year, and
in each of the counties there shall be held bi-monthly terms of the circuit
court of such county, four of which terms, in those counties in which
more than four terms are provided, to be designated by the judge thereof,
shall be known as quarterly terms, at which all civil cases for which
juries may be required shall be tried. At any of the said terms all crimi-
nal and chancery causes shall be tried. But the judge of the court may,
in any county in which more than five terms are provided, by an order
to be entered on the common law order book of said court, omit one of
the terms thereof during each year, unless the public business shall re
quire that all of the said terms be held for the proper transaction of
business,

Until otherwise provided by law, the times for holding the said terms
in said cities and counties shall be as follows: provided, that any term
of a circuit court for any of the counties or cities of any circuit may be
continued by the judge thereof by adjournment until after the beginning
of a term of the court for any other county or city of such circuit, but
no term of the court shall be so continued beyond the day fixed by law
for the beginning of the next regular term of the court for the county
or city of the circuit whose term is so extended.
First Circuit.

Norfolk county—The first Monday in January, February, March,
April, May, June, July, October, November, and December.

Princess Anne county—The third Monday in January, March, May,
July, September, and November.

Portsmouth city—The fourth Monday in March and September.

Second Circuit.

Isle of Wight—On the first Monday in March, June, Cietdter, and
December.

Nansemond—On the second Monday in January, March, May, July,
and October.

Southampton—On the third Monday in January, March, May, July,
and October.

City of Norfolk—On the second Monday in April and November.

Third Circutt.

Prince George county—Third Tuesday in January, March, May, Sep-
tember, November, and: July sixth.

Surry county—Fourth Tuesday in January, March, May, September,
November, and: July twelfth.

Sussex county—First Tuesday in January, March, May, September,
November, and July first.

Greenesville county—First Tuesday in February, April, June, October,
December, eighteenth of July.

Brunswick county—Third Tuesday in February, April, June, and
October.

Fourth Circuit.

Amelia—Fourth Thursday in January, March, May, August, October,
and December.

Chesterfield—Second Monday in February, April, June, September,
and November.

Dinwiddie county—Third Monday in January, March, May, August,
October, and December.

Nottoway county—First Thursday in January, March, May, August,
October, and December.

Powhatan county—First Monday in February, April, June, Septem-
ber, and November.

City of Petersburg—June the fifth and December the fifth.

Fifth Circuit.

Appomattox county—First Monday in February, April, June, and Oc-
tober.

Buckingham county—T'uesday after the second Monday in February,
April, June, and October.

Charlotte county—First Monday in January, March, May, July, Sep-
tember, and November.
768 ACTS OF ASSEMBLY.

Cumberland county--Tuesday after fourth Monday in Ja
June, and November.
Prince Edward county—Third Monday in March, May,
and November.
Siath Circutt.

Lunenburg county—Second Monday in April, June, (
December.

Mecklenburg county—Third Monday in February, April
gust, October, and December.

Halifax county—Fourth Monday in January, March, Ma;
tember, and November.

Campbell county—Second Monday in January, March,
September, and November.

City of Lynchburg—Third Monday in January, March
tember, and November.

Seventh Circuit.

Pittsylvania county—Third Monday in January, March,
September, and November.

Franklin county—March tenth and first Monday in May
and December. ,

Henry county—Second Monday in January, April, June,

Patrick county—Tuesday after the fourth Monday in Jan
June, and October.

City of Danville—January fifth and April twenty-ninth.

Eighth Circuit.

Amherst county—Third Monday in February, April, Jv
October, and: December.

Nelson county—Fourth Monday in January, March, May
tember, and November.

Albemark county—First Monday in February, April, Jt
October, and December.

Fluvanna county—Fourth Monday in February, April, Ji
October, and: December.

Goochland county—Third Monday in January, March,
September, and November.

Ninth Circuit.

Rappahannock—Second Monday in February, April, Ju
October, and: December.

Culpeper—Third Monday in January, March, May, July,
and November.

Madison—First Monday in February, April, June, Augtu
and December.

Greene—Third Monday in February, April, June, Augu
and December.
Orange—Fourth Monday in January, March, May, July, September,
and November.
Louisa—Second Monday in January, March, May, July, September,
and November.
Tenth Circutt.

Henrico—First Monday in January, April, July, and October.
City of Richmond—First Monday in February, May, and November.

Eleventh Circutt.

Accomac—First Monday in January, March, May, July, September,
and November.

Northampton—Second Monday in January, March, May, July, Sep-
tember, and November.

Elizabeth City—Third Monday in January, March, May, July, Sep-
tember, and November.

City of Newport News—First Monday in February, April, June, Au-
gust, October, and December.

Twelfth Circutt.

Richmond county—First Monday in January, March, May, July, Sep-
tember, and: November.

Northumberland—Second Monday in February, April, June, August,
October, December.

Lancaster—Third Monday in January, March, May, July, Septem-
ber, November.

Westmoreland—Fourth Monday in February, April, June, August,
October, December.

Essex—Third Monday in February, April, June, August, October,
December.

Thirteenth Circuit.

Gloucester—First Monday in January, March, May, July, September,
November.

Mathews—Third Monday in January, March, May, July, Sepienibes,
November.

King and Queen—Second Tuesday in February, April, June, August,
October, December.

King William—First Tuesday in February, April, June, August, Oc-
tober, December.

Middlesex—Fourth Wednesday in January, March, May, July, Sep-
tember, and November.

Fourteenth Circuit.

New Kent—Second Thursday in January, March, May, July, Septem-
ber, November.
Charles City—Third Thursday in February, April, June, August, Oc-
tober, December.
97
270 ACTS OF ASSEMBLY.

York—First Tuesday in February, April, June, August, Octobe
cember.

Warwick—Second Monday in January, March, May, July, Septe
November.

James City—Second Monday in February, April, June, Augus
tober, December.

City of Williamsburg—First day of May and November.

Fifteenth Circuit.

King George—First Thursday in January, March, May, July,
tember, November.

Stafford—Fourth Wednesday in January, March, May, July, Se
ber, November.

Spotsylvania—First Monday in February, April, June, August,
ber, December.

Caroline—Third Monday in February, April, June, August, Oc
December.

Hanover—Third Monday in January, March, May, July, Septe
November.

Sixteenth Circutt.

Fauquier—Fourth Monday in January, March, May, July, Se
ber, November.

Loudoun—Second Monday in February, April, June; third Mon:
August; second Monday in October and December.

Prince William—First Monday in February, April, June, A
October, December. .

Fairfax—Third Monday in January, March, May, July, Septe
November.

Alexandria—Fourth Monday in February, April, June, August,
ber, December.

City of Alexandria—First Monday in May and November.

Seventeenth Circuit.

Frederick—First Monday in February, April, June, August, Oc
December.

Clarke—Fourth Monday in January, March, May, July, Septe
November.

Warren—First Monday in January, March, May, July, Septe
November.

Page—Third Monday in February, April, June, August, Octobe
cember.

Sheriandoah—Second Monday in January, March, May, July, Se
ber, November.

Eighteenth Circuit.

Rockingham—Third Monday in January, March, May. July, Se
her, November.

Rockbridge—Second Monday in February, April, June, August,
ber, December.
Augusta—Fourth Monday in February, April, June, August, October,
December.

Nineteenth Circuit.

Alleghany—February first, April first, June fifteenth, September fif-
teenth, December fifteenth.

Bath—Twentieth day of March, May, July, November.

Botetourt—March first, June first, August twenty-fifth, December first.

Craig—Twentieth of February and tenth of May and October.

Highland—Fourth Tuesday in April, July tenth, November tenth.

Twentieth Circuit.

; aoa day of March, September, and December and tenth day
of June.
City of Roanoke—Fifteenth day of March, May, September, and De-
cember.
Montgomery—February fifteenth and first day of May, July, October.
Roanoke—January first, April first, June first, November fifteenth.
‘ Floyd—tThe first day of February, sixteenth day of April, July, Octo-
er.

Twenty-first Circuit.

Wythe—First Monday in January, April, August, first Monday in No-
vember.

Pulaski—Second Monday in February, first Monday in May and Sep-
tember, third Monday in November.

Carroll—First Monday in March, third Monday in May and Septem-
ter, first Monday in December.

Grayson—Tuesday after third Monday in March, Tuesday after first
Monday in June, Tuesday after second Monday in October, Tucsday after
second Monday in December.

Twenty-second Circuit.

Giles—First Monday in February, second Monday in May, fourth Mon-
day in September.

Bland—Second Monday in March, July, and third Monday in October.

Tazewell—-Third Monday in February, fourth Monday in May, Au-
gust, and November.

The judge may designate one of the terms of the court for Tazewell
county, at which only criminal cases shall be tried.

Buchanan—Tuesday after fourth Monday in March, July, and Tues-
day after second Monday in December.

Twenty-third Circutt.

Washington—Fourth Monday in January, March, May, November,
third Monday in September.

Russell—Tuesday after the first Monday in January, March, May,
September, November:

Smyth—Third Monday in February, April, August, October, December.
Scott—First Monday in February, May, September, fourth Monday ir
November.

Lee—Third Monday in February, May, September, second Monday in
December.

Wise—First Monday in January, April, August, November.

Dickenson—Third Monday in March, July, October, fourth Monday in
January.

§ 3060. Special terms; when, how and by whom appointed.—If any
term of a circuit court is to end, or has ended, without the dispatch of
all its business, or if there be a failure to hold any term, or it is expedient
in the opinion of the judge of such court to hold a special term for the
trial of any cause pending in such court, or of issues made up in any cause
by consent of parties, or if the situation of a person confined in jail for
trial in such circuit court makes it proper that his case should be disposed
of before the next regular term thereof, the judge of such circuit court.
or, if he is dead, or is unable from any cause to hold his court, the judge
of any other circuit court, or judge of a corporation or hustings court of
a city of the first class, who has been designated by the governor to hold
such terms, may, by order entered in such court, or by a warrant directed
to the clerk, appoint a special term fhereof and prescribe in such order
or warrant whether any venire is to be summoned to attend the said term.
The clerk shall inform the attorney for the Commonwealth and the sheriff
or sergeant of such appointment, post a copy of the warrant or order at
the front door of the courthouse, and issue all proper process to such
special term, and the sheriff or sergeant shall execute the process.

§ 3062. What tried at a special term; who may hold it—At any such
special term any civil case may be tried which could lawfully have been
but was not tried at the last preceding term that was or should have been
held ; and any motion for a judgment, or other motion cognizable by such
court, may be heard and determined, whether it was pending at the pre-
ceding termi or not, and any criminal case may be tried at such special
term as if it were a regular term, although at the preceding regular term
the same may not have been pending in said court or may have been con-
tinued; and any cause or matter of controversy, at law or in chancery,
then ready for hearing or which may be made ready by consent of par-
ties, may, with the consent of the parties to such cause or controversy, be
heard and determined, although it could not lawfully have been heard at
the preceding term that was or should have been held. Every such special
term may be held by the judge of the circuit court, or if he be dead or ab-
sent, or be so situated in respect to any cause pending in said court as in
his opinion to make it improper for him to try it, by such other circuit
or city judge as may be selected or designated in the manner prescribed
by law. It shall be the duty of the judge so selected or designated to hold
such special term, and it may be held part of its session by one judge and
part of it by another, and such special terms may be adjourned from time
to time during intervals between the regular terms as to the judge may
seem necessary for the dispatch of the business of the court. A judge
selected or designated to hold a special term shall have all the powers and
be authorized to discharge all the duties of the judge of said circuit court.

2. This act shall be in force on and after the first day of February, nine-
teen hundred and four.