Chapter 51. COURTS AND THEIR OFFICERS.

§1. Judges.—The supreme court of appeals shall consist of five judges, elected and qualified according to the Constitution and laws of this State, any three of whom shall be a quorum.(Code 1849, c. 160, §1; Const. 1851, art. 6, §11; Code 1860, c. 160, §1; Const. 1863, art. 6, §7; Code 1868, c. 113, §1; Const. 1872, art. 8, §2; same, as amended in 1880 and 1902; 1872-3, c. 16, §1; 1882, c. 156, §1; 1903, c. 19, §1; 1915, c. 68, §1; Code 1923, c. 113, §1.)

§2. President.—They shall designate one of their body to be the president of the court. In the absence of the president any other judge designated by the judges present shall act as president.(Code 1849, c. 160, §2; Code 1860, c. 160, §2; Code 1868, c. 113, §2; 1872-3, c. 16, §2; 1882, c. 156, §2; 1915, c. 68, §2; Code 1923, c. 113, §2.)

§3. Jurisdiction.—The supreme court of appeals shall have original jurisdiction in cases of habeas corpus, mandamus and prohibition. It shall have appellate jurisdiction in civil cases where the matter in controversy, exclusive of costs, is of greater value or amount than one hundred dollars; in controversies concerning the title or boundaries of land, the probate of wills, the appointment or qualification of a personal representative, guardian, committee or curator, or concerning a mill, road, way, ferry or landing, or the right of a corporation or county to levy tolls or taxes; in eases of quo warranto, habeas corpus, mandamus, certiorari and prohibition, and in cases involving freedom or the constitutionality of a law. It shall have appellate jurisdition in criminal cases where there has been a conviction for felony or misdemeanor in a circuit court, and where a conviction has been had in any inferior court and been affirmed in a circuit court, and in cases relating to the public revenue, the right of appeal shall belong to the State, as well as the defendant, and such other appellate jurisdiction, in both civil and criminal cases, as may be prescribed by law.(Code 1849, c. 160, §3; Const. 1851, art. 6, §11; Code 1860, c. 160, §§3, 4, 5; Const. 1863, art. 6, §8; 1863, c. 17, §1; Code 1868, c. 113, §4; Const. 1872, art. 8, §3; same, as amended in 1880; 1872-3, c. 16, §4; 1882, c. 156, §4; 1915, c. 68, §4; Code 1923, c. 113, §4.)

§4. Regulation of Pleading, Practice and Procedure in All Courts of Record Except County Courts.—The supreme court of appeals may, from time to time, make and promulgate general rules and regulations governing pleading, practice and procedure in such court and in all other courts of record of this State, civil and criminal, except county courts. Such rules and regulations shall not be inconsistent with the Constitution and statutes of this State, and shall be uniform for all courts of the same grade or class.(Code 1849, c. 161, §4; Code 1860, c. 161, §4; Code 1868, c. 114, §3; 1872-3, c. 9, §3; Code 1923, c. 114, §3.)

§5. Regular Terms.—Two terms of the supreme court of appeals shall be held every year at Charleston, in Kanawha county, the first commencing on the second Wednesday in January, the second on the first Wednesday in September, and shall continue until the business is dispatched. But when, in the judgment of the court, extraordinary circumstances require, such term or terms may be held at such other place or places within the State as the court may designate, such times and places to be fixed in the manner provided in this article for holding special terms of said court.(Code 1849, c. 160, §4; Code 1860, c. 160, §6; 1863, c. 8, §§1, 2; Code 1868, c. 113, §3; 1870, c. 21, §3; 1871, c. 80, §1; 1872-3, c. 16, §3; 1882, c. 156, §3; 1883, c. 3, §3; 1915, c. 68, §3; Code 1923, c. 113, §3.)

§6. Special Terms.—Special terms of the supreme court of appeals may be held for the trial and decision of causes at Charleston, in Kanawha county, specially designated as the place for holding the regular terms thereof, and under extraordinary circumstances at such other times and places as the court may designate by an order entered of record at a regular or special term of said court.(1877, c. 76, §1; . 1882, c. 156, §10; 1915, c. 68, §10; Code 1923, c. 113, §10.)

§7. Warrant of Judges.—The judges of said court, or a majority of them, may, by warrant signed by them, directed to the clerk, appoint a special term to be held for the trial and decision of causes at Charleston, or, under extraordinary circumstances, at any other point within the State designated by them, or which may hereafter be designated by law for holding regular terms thereof. The clerk shall enter such warrant in the order book of the court.(1877, c. 76, §3; 1882, c. 156, §12; 1915, c. 68, §12; Code 1923, c. 113, §12.)

§8. Hearing of Cases at Special Term.—At any special term of the court, any cause, the record of which has been previously printed, may, in the discretion of the court, be heard and decided by consent of parties or their counsel, entered of record, or upon at least thirty days’ notice in writing, given by the party desiring the hearing to the opposite party or his counsel, or of his intention to insist on a hearing; when the same may, in the discretion of the court, be heard and determined at any such special term.(1877, c. 76, §4; 1882, c. 156, §13; 1915, c. 68, §13; Code 1923, c. 113, §13.)

§9. What Cases May be Decided at Any Regular or Special Term.—The court may, at any regular or special term, decide any cause or proceeding which may have been previously heard by the court at any regular or special term thereof.(1877, c. 76, §6; 1882, c. 156, §14; 1915, c. 68, §14; Code 1923, c. 113, §14.)

§10. Adjournment.—The court may, at any regular or special term, adjourn from day to day or from time to time, as the court may order, until its close.(1877, c. 76, §2; 1882, c. 156, §11; 1915, c. 68, §11; Code 1923, c. 113, §11.)

§11. Clerk; Deputy and Assistant Clerks; Compensation; Crier; Messenger.—The supreme court of appeals, or judges thereof in vacation, may appoint a clerk, who shall give bond as required by article two, chapter six of this Code. The annual compensation of the clerk shall be six thousand dollars, payable in equal monthly installments out of the state treasury, and shall be in lieu of all other fees, costs, allowances, compensation, perquisites and income of whatever kind by virtue of his office. There may be one deputy clerk and one assistant clerk, to be appointed with the approval of the court, whose combined salaries shall not exceed fifty-five hundred dollars per annum. The court may also appoint a crier and a messenger. All of such officers shall be removable at the pleasure of the court or judges. Vacancies in the office of clerk occurring during vacation may be filled by appointment, in writing, made by the judges of the court or any three of them.(Code 1849, c. 160, §18; Code 1860, c. 160, §30; 1863, c. 17, §7; Code 1868, c. 113, §5; 1872-3, c. 16, §5; 1882, c. 156, §5; 1915, c. 68, §6; Code 1923, c. 113, §6; 1929, c. 7, §4.)

§12. Duties of Clerk.—It shall be the duty of the clerk of the supreme court of appeals to attend in person, or by deputy, all the sessions of the court, to obey its orders and directions in term time and in vacation, to take care of and preserve in an office, kept for the purpose, all records and papers of the court, and to perform such other duties as may be prescribed by law or required of him by the court.(1872-3, c. 23, §1; 1882, c. 156, §6; 1915, c. 68, §7; Code 1923, c. 113, §7.)

§13. Duties of Crier; Compensation.—The crier of the supreme court of appeals shall attend the sessions of the court, maintain order therein, have its halls kept constantly clean, ventilated and supplied with water when necessary, obey the orders and directions of the court, and in all respects be under its direction and authority, for which he shall be allowed the sum of four dollars for each day of the term, Sundays excepted, to be paid out of the state treasury upon the certificate of the court.(1872-3, c. 23, §2; 1882, c. 156, §7; 1915, c. 68, §8; Code 1923, c. 113, §8.)

§14. Duties of Messenger; Compensation.—The messenger of the supreme court of appeals shall constantly attend the sessions of the court and obey its orders and directions, for which he shall be allowed three dollars for each day of the term, Sundays excepted, to be paid out of the state treasury upon the certificate of the court.(1872-3, c. 23, §3; 1882, c. 156, §8; 1915, c. 68, §9; Code 1923, c. 113, §9.)

§15. Retirement Pay for Judges.—Whenever any judge of the supreme court of appeals shall have served at least twelve consecutive years, and shall have reached the age of sixty-five years, he may then, or at any time thereafter, resign or retire, and shall thereafter during the remainder of his life be entitled to receive the sum of six thousand dollars per annum, to be paid in equal monthly installments out of any money in the treasury of the State not otherwise appropriated. A vacancy thus created shall be filled by appointment or election as provided by law in other cases of vacancy.

And if a judge so retiring shall accept the benefits of this section, he shall not, while so receiving such benefits, be permitted to practice law in the courts of this State, or to hold any public office or trust for which he receives compensation, And if, after his retirement under this section and acceptance of its benefits, he shall enter the practice of law or be elected or appointed to any public office or trust for which he receives any salary or other compensation, his benefits under this section shall be suspended for such time only as he shall be engaged in practice of the law or shall occupy such public office or trust. And any judge while accepting the benefits of this section shall be subject to call by the supreme court for service to said court in an advisory capacity without compensation other than the benefits under this section, provided such judge is able to serve in such capacity.(1929, c. 1.)

§1. Judicial Circuits; Judges; Terms of Court.—The State shall be divided into judicial circuits as follows: The counties of Brooke, Hancock and Ohio shall constitute the first circuit; the counties of Marshall, Tyler and Wetzel shall constitute the second circuit; the counties of Doddridge, Pleasants and Ritchie shall constitute the third circuit; the counties of Wood and Wirt shall constitute the fourth circuit; the counties of Calhoun, Jackson, Mason and Roane shall constitute the fifth circuit; the counties of Cabell, Lincoln and Putnam shall constitute the sixth circuit; the county of Logan shall constitute the seventh circuit; the counties of Mingo and McDowel shall constitute the eighth circuit; the counties of Mercer and Wyoming shall constitute the ninth circuit; the counties of Boone, Raleigh and Summers shall constitute the tenth circuit; the counties of Greenbrier, Monroe and Pocahontas shall constitute the eleventh circuit; the counties of Fayette and Nicholas shall constitute the twelfth circuit; the county of Kanawha shall constitute the thirteenth circuit; the counties of Braxton, Clay, Gilmer and Webster shall constitute the fourteenth circuit; the counties of Harrison and Lewis shall constitute the fifteenth circuit; the county of Marion shall constitute the sixteenth circuit; the county of Monongalia shall constitute the seventeenth circuit; the county of Preston shall constitute the eighteenth circuit; the counties of Barbour and Taylor shall constitute the nineteenth circuit; the counties of Randolph and Upshur shall constitute the twentieth circuit; the counties of Grant, Mineral and Tucker shall constitute the twenty-first circuit; the counties of Hampshire, Hardy and Pendleton shall constitute the twenty-second circuit; the counties of Berkeley, Jefferson and Morgan shall constitute the twenty-third circuit, and the county of Wayne shall constitute the twenty fourth circuit.

There shall be elected on the Tuesday next after the first Monday in November, nineteen hundred and thirty-six, and every eighth year thereafter, one judge in each of the circuits herein constituted, except for the first circuit there shall be two judges elected.

The terms of the several circuit courts of the counties aforesaid shall commence and be held each year as hereinafter provided.[Const. 1863, art. 6, §2; 1868, Ex. Sess., c. 62, §1; Code 1868, c. 112, §2; Const. 1872, art. 8, §14; 1872-3, c.15, §1; Const, art. 8, §13, as amended in 1880 (Acts 1879, p. 178; Acts 1883, p. 192); 1881, c. 3, §1; 1903, c. 20, §1; 1911, c. 7, §§1, 4, c. 8, §§1, 4, c. 9, §§1, 3, c. 10, §§1, 4, c. 11, §§1, 4; 1919, c. 132, §1; 1921, c. 84, §1; Code 1923, c.112, §1; 1927, cc. 51, 69.]

§1a. First Circuit.—For the county of Ohio, on the second Monday in January, April and September.

For the county of Brooke, on the first Monday in March, June and November.

For the county of Hancock, on the second Monday in March, June and November.(1921, c. 84, §1a, c. 85, §1a; Code 1923, c. 112, §1a.)

§1b. Second Circuit.—For the county of Marshall, on the second Tuesday in February, June and October.

For the county of Tyler, on the third Tuesday in March, July and November.

For the county of Wetzel, on the first Tuesday in January, May and September.(Code 1923, c. 112, §1b; 1929, c. 133, §1b.)

§1c. Third Circuit.—For the county of Doddridge, on the first Tuesday in April and August, and the fourth Tuesday in November.

For the county of Pleasants, on the second Tuesday in January, the fourth Tuesday in April, and the second Tuesday in September.

For the county of Ritchie, on the second Tuesday in February, June and October.(1921, c. 84, §1c; Code 1923, c. 112, §1c.)

§1d. Fourth Circuit.—For the county of Wood, on the fourth Monday in January and April, and the second Monday in October.

For the county of Wirt, on the first Monday in January and June, and the second Monday in September.(1921, c. 84, §1d; Code 1923, c. 112, §1d.)

§1e. Fifth Circuit.—For the county of Calhoun, on the third Tuesday in April, August and November.

For the county of Jackson, on the first Monday in April, the first Tuesday in August, and the second Tuesday in November.

For the county of Mason, on the first Monday in January, May and September.

For the county of Roane, on the third Monday in January, May and September.(Code 1923, c. 112, §1e; 1929, c. 132, §1.)

§1f. Sixth Circuit.—For the county of Cabell, on the first Monday in January and May, and the second Monday in September.

For the county of Lincoln, on the third Monday in March, the fourth Monday in July, and the third Monday in November.

For the county of Putnam, on the first Monday in March, the fourth Monday in June, and the third Monday in October.(1921, c. 84, §1f; Code 1923, c. 112, §1f.)

§1g. Seventh Circuit.—For the county of Logan, on the second Monday in January, and the first Monday in April, July and October.(1927, c. 51, §1g; 1929, c. 131, §1g.)

§1h. Eighth Circuit.—For the county of Mingo, on the first Monday in January, May and October.

For the county of McDowell, on the second Monday in March and June, and the first Monday in September and December.(1927, c. 51, §1h; 1929, c. 134, §1h.)

§1i. Ninth Circuit.—For the county of Mercer, on the second Monday in March, May and August, and the fourth Monday in November.

For the county of Wyoming, on the second Monday in February, April, July and October.(1927, c. 51, §1i.)

§1j. Tenth Circuit.—For the county of Boone, on the first Monday in February, May and August, and the second Monday in November.

For the county of Raleigh, on the third Monday in February and May, the fourth Monday in August, and the first Monday in December.

For the county of Summers, on the third Monday in January, April, July and October.(1927, c. 51, §1j.)

§1k. Eleventh Circuit.—For the county of Greenbrier, on the third Tuesday in January, and the fourth Tuesday in April, July and November.

For the county of Monroe, on the first Tuesday in April, and the second Tuesday in July and November.

For the county of Pocahontas, on the second Tuesday in March, and the first Tuesday in June and October.(1927, c. 51, §1k; c. 69, §2.)

§1l. Twelfth Circuit.—For the county of Fayette, on the first Tuesday in January, April and July, and the third Tuesday in September.

For the county of Nicholas, on the third Tuesday in February, May, August and November.(1921, c. 84, §1l; Code 1923, c. 112, §1l)

§1m. Thirteenth Circuit.—For the county of Kanawha, on the second Monday in January, May and September.(1921, c. 84, §1m; Code 1923, c. 112, §1m.)

§1n. Fourteenth Circuit.—For the county of Braxton, on the second Tuesday in March and July, and the third Tuesday in November.

For the county of Clay, on the fourth Tuesday in January, May and September.

For the county of Gilmer, on the third Tuesday in February, June and October.

For the county of Webster, on the first Tuesday in January, May and September.(1929, c. 132, §2.)

§1o. Fifteenth Circuit.—For the county of Harrison, on the first Monday in January, May and September.

For the county of Lewis, on the first Monday in March, the third Monday in June and the first Monday in November.(Code 1923, c. 112, §1o; 1927, c. 68.)

§1p. Sixteenth Circuit.—For the county of Marion, on the second Monday in March, June and November.(1921, c. 84, §1p; Code 1923, c. 112, §1p.)

§1q. Seventeenth Circuit.—For the county of Monongalia, on Thursday after the first Monday in January, April, July and October.(1921, c.,84, §1q; Code 1923, c. 112, §1q.)

§1r. Eighteenth Circuit.—For the county of Preston, on the second Tuesday in March and June and the third Tuesday in November.(1921, c. 84, §1r; Code 1923, c. 112, §1r.)

§1s. Nineteenth Circuit.—For the county of Barbour, on the second Monday in January and April, and the first Monday in September.

For the county of Taylor, on the third Monday in February and May, and the second Monday in October.(Code 1923, c. 112; §1s; 1927, c. 66.)

§1t. Twentieth Circuit.—For the county of Randolph, on the third Tuesday in February and May, and the first Tuesday in October.

For the county of Upshur, on the second Monday in January and April, and the first Monday in September.(1921, c. 84, §1t; Code 1923, c. 112, §1t.)

§1u. Twenty-first Circuit.—For the county of Grant, on the first Tuesday in April, the second Tuesday in July, and the third Tuesday in November.

For the county of Mineral on the third Tuesday in January and April, the fourth Tuesday in July and the third Tuesday in October.

For the county of Tucker, on the first Monday in March and June, and the third Monday in September and December.(Code 1923, c. 112, §1u; 1927, c. 67.)

§1v. Twenty-second Circuit.—For the county of Hampshire, on the first Tuesday in January, March and July, and the third Tuesday in September.

For the county of Hardy, on the third Tuesday in February, June and October.

For the county of Pendleton, on the third Tuesday in March, the fourth Tuesday in July, and the first Tuesday in December.(1921, c. 84, §1v; Code 1923, c. 112, §1v.)

§1w. Twenty-third Circuit.—For the county of Morgan, on the first Tuesday in January, April and September.

For the county of Jefferson, on the third Tuesday in January, April and September.

For the county of Berkeley, on the third Tuesday in February, May and October.(1921, c. 84, §1w; Code 1923, c. 112, §1w.)

§1x. Twenty-fourth Circuit.—For the county of Wayne, on the first Monday in March, June, September and December.(1927, c. 51, §1h; 1929, c. 131, §1h.)

§2. Jurisdiction.—The circuit court shall have supervision and control of all proceedings before justices and other inferior tribunals, by mandamus, prohibition and certiorari. They shall, except in cases confined exclusively by the Constitution to some other tribunal, have original and general jurisdiction of all matters at law where the amount in controversy, exclusive of interest, exceeds fifty dollars; of all cases of habeas corpus, mandamus, quo warranto and prohibition; of all cases in equity, including jurisdiction in equity to remove any cloud on the title to real property, or any part thereof, or any estate, right or interest therein, and to determine questions of title with respect thereto, without requiring allegations or proof of actual possession of the same; and of all crimes and misdemeanors. They shall have appellate jurisdiction in all cases, civil and criminal, where an appeal, writ of error or supersedeas may be allowed to the judgment or proceedings of any inferior tribunal. They shall also have such other jurisdiction, whether supervisory, original, appellate or concurrent, as is or may be prescribed by law.(Code 1849, c. 158, §3; Code 1860, c. 158, §5; Const. 1863, art. 6, §6, art. 11, §3; Code 1868, c. 112, §1; Const. 1872, art. 8, §12; same, as amended in 1880; 1872-3, c. 15, §§3, 16; 1881, c. 3, §2; Code 1923, c. 112, §2; 1929, c. 36.)

§3. Adjourned Terms.—If any term of a circuit court is about to end without dispatching all its business, the judge thereof may, by an order entered of record, adjourn the holding of such court to any future day on which he is not required by law to hold a court in some other county; and all causes on the docket of such court, and not otherwise disposed of, shall stand continued to such adjourned day. The court may, in its discretion, require the jury summoned to attend such term to attend as such on the adjourned day, or may require a new jury to be drawn and summoned in the manner required by law; and all witnesses summoned to attend in causes so continued to such adjourned term shall attend the term without being again summoned. All judgments, orders and decrees rendered and made by such court before or during the day on which the court adjourns to such future day, as aforesaid, shall have the same force and effect in all respects as if the court had finally adjourned on that day.(Code 1868, c. 112, §4; 1872-3, c. 15, §6; 1881, c. 3, §4; Code 1923, c. 112, §4.)

§4. Special Terms.—If any term of such court has ended without dispatching all its business, or if there be a failure to hold any term, or whenever he thinks the public interest requires it, the judge of the circuit court may, by a warrant directed to the clerk, appoint a special term thereof and prescribe in such warrant whether a grand or petit jury, or both, are to be summoned to attend such term. The clerk shall enter the warrant in the order book of the court, inform the prosecuting attorney and the sheriff of such appointment, post a copy of the warrant at the door of the courthouse, and issue all proper process returnable to such special term; and the sheriff shall execute such process, and summon a grand or petit jury, or both, as may be prescribed in the warrant. Any such special term may be held in any county, although at the time the same is held a term of the circuit court is being held, or required to be held, in any other county of the same judicial circuit, and it may be held by the judge of another circuit, or by a special judge elected by the attorneys practicing in such court in the manner prescribed by law.(Code 1849, c. 158, §5; Code 1860, c. 158, §29; Code 1868, c. 112, §5; 1872-3, c. 15, §7; 1881, c. 3, §5; 1891, c. 46, §5; Code 1923, c. 112, §5.)

§5. Adjournment Thereof.—Whenever any judge of a circuit court shall have appointed a special term of any circuit court in the manner directed by the preceding section, and shall afterwards ascertain that he can not hold such special term on the day appointed for it, he may, by warrant under his hand directed to the clerk of the court, adjourn it to such other day as he may deem proper. Such warrant shall be transmitted by the judge to the clerk, who shall immediately enter it in the order book of the court, and as to the special term thereafter to be held under such continuance proceed in all other respects in the manner directed by the section aforesaid.(1852-3, c. 38, §1; Code 1860, c. 158, §31; Code 1868, c. 112, §6; 1872-3, c. 15, §8; 1881, c. 3, §6; Code 1923, c. 112, §6.)

§6. Special Term for Trial of Person Imprisoned.—Whenever the situation of a prisoner confined in jail for trial in a circuit court makes it proper that his case should be disposed of before the next regular term thereof, the judge of such court may appoint a special term to be held for the trial of the case, in the same manner as if the same had stood for trial at the next preceding term and the court had adjourned without disposing thereof.(1850-51, c. 33, §1; Code 1860, c. 158, §32; Code 1868, c. 112. §7; 1872-3, c. 15, §10; 1881, c. 3, §7; Code 1923, c. 112, §7.)

§7. What Causes May be Tried at Special Term; Judge Presiding.—Any cause, civil or criminal, and any motion or proceeding ready for trial or hearing, may be tried, heard and determined at a special term, the same as if it were a regular term of such court. Every such special term may be held by the judge of the circuit, or, if he be dead or absent, by any other circuit judge who may be present; and part of its session may be held by one judge and part by another; and such special term may be adjourned from time to time during the interval between the regular terms as the judge may deem necessary for the dispatch of the business of the court.(Code 1849, c. 158, §§6, 7; 1852; c. 66, §§25, 26; 1852-3, c. 39, §6; 1853-4, c. 21, §6; 1859-60, c. 38, §1; Code 1860, c. 158, §33; Code 1868, c. 112, §8; 1872-3, c. 15, §11; 1881, c. 3, §8; Code 1923, c. 112, §8.)

§8. Residence of Judge; Disqualification.—Each circuit, criminal or intermediate judge, during his contfhuance in office, shall reside in the circuit or county for which he was elected. When such judge is a party to a suit, or is interested in the result thereof otherwise than as a resident or taxpayer of the district or county, or is related to either of the parties, as grandfather, father, father-in-law, son, son-in-law, brother, brother-in-law, nephew, uncle, first cousin or guardian, or if, at the time of the institution of the suit, or at any time before its final termination, he, his wife, or any party or parties related to him in the degree hereinbefore specified, is a stockholder, or officer, in any stock company or corporation which is a necessary party to the proceedings, or if he is a material witness for either party, he shall not take cognizance thereof unless all parties to the suit consent thereto in writing: Provided, That no judgment or decree rendered or pronounced by any such judge shall be invalidated by reason of such relationship unless the same appear of record in such suit or proceeding: Provided further, That nothing herein contained shall disqualify a judge who comes within the provisions of this section to enter a formal order designed merely to advance the cause towards a final hearing and not requiring judicial action involving the merits of the case.(Const. 1851, art. 6, §6; Code 1860, c. 158, §35; Const. 1863, art. 6, §4; Code 1868, c. 112, §9; Const. 1872, art. 8, §10; same, as amended in 1880; 1881, c. 3, §9; 1915, c. 71, §9; Code 1923, c. 112, §9.)

§9. Judge May Hold Court in Any Circuit.—A judge of one circuit may, by arrangement with the judge of any other circuit, or when the office of judge in any other circuit is vacant, hold the courts in any such circuit.(Code 1849, c. 158, §7; Const. 1851, art. 6, §7; Code 1860, c. 158, §36; Const. 1863, art. 6, §5; Code 1868, c. 112, §10; Const. 1872, art. 8, §11; same, as amended in 1880; 1872-3, c. 15, §12; 1881, c. 3, §3; 1903, c. 20, §3; Code 1923, c. 112, §3.)

§10. Special Judge in Circuit, Criminal or Intermediate Court; Election; Selection by Agreement; Oath; Eligibility; Removal.—When, for any cause, the judge of a circuit court, criminal court, or other court of record of limited jurisdiction, shall fail to attend and hold the same, either at the commencement of the term, whether regular, adjourned or special, or at any time before its adjournment, or if he is in attendance and cannot properly preside at the trial of any cause therein, or if there is a vacancy in such court by reason of death or resignation, the attorneys present and practicing in such court may elect a judge by ballot to hold such court during the absence of the judge thereof, or for the trial of the cause in which such judge cannot preside, or, in case of a vacancy by death or resignation, for the remainder of the term, unless the vacancy is sooner filled. Where the judge of such court is in attendance, no such election shall be held until the same shall be directed by him, by an order entered of record reciting the cause for such election and naming the cases in which it, is necessary to have a special judge; and in, each of such cases at least one attorney of, record, if there be one, for each party, including the prosecuting attorney in a criminal case, shall have reasonable notice in writing of the time of holding such election, which notice, with the return of service thereon, shall be filed and made part of the record in such case. No counsel or attorney in any case or cases to which the disability of the judge relates shall vote in the election of a special judge to try any case or cases named in the order of the judge of such court. The clerk of the court shall hold the election, declare the result thereof, and, enter the same of record: Provided, however, That the parties or their attorneys, in any case in which the judge of the court cannot properly preside at the trial thereof, may, by a writing signed by them, agree upon a judge to try, or hear, and determine the same; which agreement shall be entered of record in the proper order book of the court, and in such case no election of a judge to try or hear and determine the case shall be held. The judge so elected or agreed upon shall, before proceeding to act, take the oath prescribed by section five, article four of the Constitution of this State; and if he is elected or agreed upon to try or hear and determine a particular case, as hereinbefore provided, he shall take the further oath that he is not interested as counsel or attorney, or otherwise, in the cause to be tried or heard and determined by him. No special judge shall be eligible to serve in any case in which he has been or may be selected to act, if at the time or of such election, or afterwards while he continues to act as such special judge, the relation of attorney and client shall exist between him and any party to the cause wherein he has been or may be selected, whether such relationship shall be in a pending cause or otherwise; nor shall he appear as counsel in any case in which he has acted as special judge. For good cause shown any special judge may be removed by mandamus.(Const. 1872, art. 8, §16; same, §15, as amended in 1880; 1872-3, c. 129, §§1, 5; 1881, c. 3, §11; 1895, c. 20; 1897, c. 49, §2; Code 1923, c. 112, §§11, 11a.)

§11. Jurisdiction of Special Judge.—Every judge so elected or agreed upon shall have and possess the same powers and perform the same duties in all respects as the regularly elected judge of such court during the time he shall act in pursuance of such election or agreement. If there be any cause pending in such court, in the trial or hearing of which the judge elected as aforesaid can not properly preside, an other judge for the trial or hearing thereof may be elected or agreed upon as aforesaid.(1872-3, c. 129, §§2, 5; 1881, c. 3, §12; Code 1923, c. 112, §12.)

§12. Compensation of Special Judge.—The judge so elected or agreed upon shall receive for his services, while sitting as such judge, fifteen dollars per day, to be certified by the court and paid out of the state treasury, as to circuit courts and out of the county treasury as to criminal courts and other courts of record of limited jurisdiction within the county. This and the two next preceding sections shall apply as well to criminal as to civil causes.(1872-3, c. 129, §7; 1881, c. 3, §13; 1895, c. 21, §13; 1921, c. 77, §13; Code 1923, c. 112, §13.)

§1. Seals of Courts.—For every court without one, the governor shall provide a seal to be deposited with the clerk of such court.(Code 1849, c. 161, §1; Code 1860, c. 161, §1; 1863, c. 15, §1; Code 1868, c. 115, §1; 1872-3, c. 18, §1; Code 1923, c. 115, §1.)

§2. Use of Private Seals.—Until provided with an official seal, every clerk of such court may use his private seal or scroll by way of seal, in cases where the use of the seal is required by law or usage; and whenever so used, his attestation of the instrument, record or copy to which it is annexed shall set forth the fact that he is not provided with an official seal, and shall have the same force and effect as if an official seal was annexed.(1863, c. 41, §1; Code 1868, c. 115, §2; 1872-3, c. 18, §2; Code 1923, c. 115, §2.)

§3. Jurisdiction Over Watercourses.—When any river or watercourse lies between any counties in this State, the circuit and county courts and justices for the counties on each side, respectively, shall have concurrent jurisdiction over so much thereof as is opposite said counties. And the circuit and county courts and justices for counties lying on the waters bounding the State shall have jurisdiction respectively over such waters opposite said counties, so far as the jurisdiction of this State extends.(Code 1849, c. 161, §2; Code 1860, c. 161, §2; Code 1868, c. 114, §1; 1872-3, c. 9, §1; 1882, c. 48, §1; Code 1923, c. 114, §1.)

§4. Records.—The proceedings of every court shall be entered in a book and the law orders read in open court by the clerk of the court. The law proceedings of each day shall be drawn up at large and read the next succeeding court day immediately after the court is opened, and after being read and corrected, where it is necessary, shall be signed by the judge or presiding officer before the transaction of any other business, except those of the last day of the term and of the day on which the court may adjourn to a future day as prescribed in article two of this chapter, which shall be drawn up and read and corrected, where it is necessary, and signed by the judge or officer on the same day. The chancery proceedings of each day shall be drawn up at large and signed by the judge, after being corrected where it is necessary.(Code 1849, c. 161, §5; 1857-58, c. 64, §5; Code 1860, c. 161, §5; Code 1868, c. 114, §4; 1872-3, c. 9, §4; 1882, c. 48, §4; 1919, c. 21, §4; Code 1923, c. 114, §4.)

§5. Attending Officer.—The supreme court of appeals shall not be attended by any sheriff, but every circuit court, county court, and other court of record of any county shall be attended by the sheriff of the county in which it is held, who shall act as the officer thereof.(Code 1849, c. 161, §6; Code 1860, c. 161, §6; Code 1868, c. 114, §5; 1872-3, c. 9, §5; Code 1923, c. 114, §5.)

§6. Citizenship and Taxpaying Not Ground for Disqualification of Judge, Sheriff or Other Court Officer.—No judge of any court, and no sheriff or other officer of a court, shall be disqualified from performing his official duties with respect to any cause by reason of the fact that he is a citizen and taxpayer of a county, district, school district or municipal corporation which is interested in, or a party to, such cause.(1881, c. 62, §1; Code 1923, c. 7, §6a.)

§7. Place of Sessions of Courts of County; Destruction of Courthouse.—Every circuit court, county court and other court of record of any county shall be held at the courthouse of such county, except where some other place is prescribed by law or lawfully appointed. When the courthouse of a county is destroyed or is not in a condition to be occupied, such court shall hold its sessions at such places as may be appointed by order of the county court. A copy of such order or warrant shall be posted by the clerk of the county court at the front door of his office, at the courthouse door, unless the courthouse has been destroyed, and at the place so appointed.(Code 1849, c. 161, §§7, 8, 9, 10; Code 1860, c. 161, §§7, 8, 9, 10; Code 1868, c. 114, §6; 1872-3, c. 9, §6; Code 1923, c. 114, §6.)

§8. Change of Place or Time of Session by Governor.—Whenever, by reason of the destruction of the building in which the supreme court of appeals was held, or by reason of any building in which any courts are appointed to be held being in the possession of, or threatened by, a public enemy, or infected with a contagious disease, it shall seem to the governor necessary, he shall, by proclamation, appoint a place at which such courts shall be held, so long as such reason may continue, and, when the circumstances require it, may postpone the time for holding the courts. A copy of such proclamation shall be sent to the clerk and to each of the judges of any such court, and to the president of any such county court.(Code 1849, c. 161, §§11, 13; Code 1860, c. 161, §§11, 13; Code 1868, c. 114, §§7, 9; 1872-3, c. 9, §§7, 9; Code 1923, c. 114, §§7, 9.)

§9. Limitation of Two Preceding Sections.—No such place of session for a circuit court, county court, or other court of record of any county, shall be without the limits of the county in which it is to be held; and when such place is appointed because of the destruction of the building in which the supreme court of appeals was held, the new place of session shall be within the same town as the old.(Code 1849, c. 161 §12; Code 1860, c. 161, §12; Code 1868, c. 114, §8; 1872-3, c. 9, §8; 1882, c. 48, §8; Code 1923, c. 114, §8.)

§10. Opening After Day Fixed.—Though a court be not held on the first day of a term, it may nevertheless be opened on any subsequent day; provided, in the case of any court of record for any county, the same be done before four o’clock in the afternoon of the third day. If, after a court is opened, it fail to sit on any day, it may nevertheless sit on any subsequent day of the term; provided, in the case of any court of record for any county, there be not more than three consecutive days of such failure.(Code 1849, c. 161, §14; Code 1860, c. 161, §14; Code 1868, c. 114, §10; 1872-3, c. 9, §10; Code 1923, c. 114, §10.)

§11. Effect of Changing Time or Place of Session.—When the place for holding any court, or the day for commencing any term, is changed, or when a court fails to sit on any day appointed for it, or to which it may have adjourned, or when, for any reason, no court shall be held on any day within a term thereof, there shall be no discontinuance, but every notice, recognizance or process, given, taken or returnable to any such day or to any day between that day and the next that the court may sit, or to the day and place as it was before such change, and all matters ready for the court to act upon if it had been held on any such day, shall be in the same condition and have the same effect as if given, taken or returnable, or continued, to the substituted term or place, or to the next day of the same term that the court may sit, or to the next court in course, as the case may be.(Code 1849, c. 161, §15; Code 1860, c. 161, §15; Code 1868, c. 114, §11; 1872-3, c. 9, §11; 1919, c. 112, §11; Code 1923, c. 114, §11.)

§12. Adjournments.—Any court of record may, at any term, whether regular, adjourned or special, adjourn from day to day until the business before it is dispatched, or until the end of its term.(Code 1849, c. 161, §3; Code 1860, c. 161, §3; Code 1868, c. 114, §2; 1872-3, c. 9, §2; Code 1923, c. 114, §2.)

§1. Where Clerks’ Offices to be Kept.—The clerk’s office of the supreme court of appeals shall be kept at the seat of government, unless such court shall direct it to be kept elsewhere. The clerks’ offices of the circuit court and county court of every county shall be kept at the courthouse of such county, unless there shall have been a failure to provide such offices there, in which case they may be kept at such other place within the county as the respective courts may direct.(Code 1849, c. 163, §12; Code 1860, c. 163, §9; Code 1868, c. 117, §2; 1875, c. 73, §2; Code 1923, c. 117, §2.)

§2. Inspection of Records and Papers; Copies.—The records and papers of every court shall be open to the inspection of any person, and the clerk shall, when required, furnish copies thereof, except in cases where it is otherwise specially provided.(Code 1849, c. 163, §15; Code 1860, c. 163, §12; Code 1868, c. 117, §5; 1875, c. 73, §5; Code 1923, c. 117, §5.)

§3. Preservation of Papers.—All papers lawfully returned to, or filed in the clerk’s office shall be preserved therein until legally delivered out.(Code 1849, c. 163, §13; Code 1860, c. 163, §10; Code 1868, c. 117, §3; 1875, c. 73, §3; Code 1923, c. 117, §3.)

§4. Removal of Records or Papers Out of County; Penalty.—None of the records or papers of a court shall be removed by the clerk, nor allowed by him or by the court to be removed, out of the county wherein the clerk’s office is kept, except on an occasion of invasion or insurrection, actual or threatened, when, in the opinion of the court, or, in a very sudden case, of the clerk, the same will be endangered, after which they shall be returned as soon as the danger ceases; and except in such other cases as are specifically provided for by law. Any clerk violating this section shall forfeit six hundred dollars. But this section shall not be so construed as to prevent a judge of a circuit court from taking files of papers from any county of his circuit, or directing the clerk to send such files to him, when necessary to be used in vacation.(Code 1849, c. 163, §14; Code 1860, c. 163, §11; Code 1868, c. 117, §4; 1875, c. 73, §4; 1877, c. 60, §1; Code 1923, c. 117, §4.)

§5. Authority to Administer Oath.—Any clerk of a court, or his deputy, may administer an oath in any case wherein an affidavit is necessary or proper.(Code 1849, c. 163, §16; Code 1860, c. 163, §13; Code 1868, c. 117, §6; 1875, c. 73, §6; Code 1923, c. 117, §6.)

§6. Preparation of Bonds.—Every clerk shall prepare in a proper manner any bond to be taken by or given before him or his court or the judge thereof in vacation.(Code 1849, c. 163, §17; Code 1860, c. 163, §14; Code 1868, c. 117, §7; 1875, c. 73, §7; Code 1923 c. 117, §7.)

§7. Transmission of Copies of Certain Records to County Clerk; Recordation; Penalty.—The clerk of the court wherein there is any partition of, or assignment of dower in, or any recovery of, land under any judgment, decree or order, shall transmit, to the clerk of the county court of each county wherein such land is, a copy of such judgment, decree or order, and of the order confirming the same, together with such description of the land as may appear in the papers of the cause, and the report of such partition or assignment. Such clerk shall record the same in his deed book, and index it in the name of the person who had the land before, and also in the name of the person who became entitled under such partition, assignment or recovery. Every such record shall be as effectual, in cases of partition, to convey the legal title of such land to the person to whom the same is assigned by the report of the commissioners and decree of the court as deeds of partition would be if duly made by the parties. A clerk failing to perform any duty required of him by this section shall forfeit not less than twenty nor more than one hundred dollars.(Code 1849, c. 163, §18; Code 1860, c. 163, §15; Code 1868, c. 117, §8, 1875, c. 73, §8; Code 1923, c. 117, §8.)

§8. Execution Book.—The clerk of every circuit court shall keep an execution book, in which he shall enter, in each case wherein an execution has issued, the names of the parties, the time of the judgment, the amount thereof and a reference to the page of the order book wherein the amount appears, the date of each execution, the nature thereof, when returnable, and, if return be made thereon, the nature of such return.(Code 1849, c. 163, §19; Code 1860, c. 163, §16; Code 1868, c. 117, §9; 1875, c. 73, §9; 1882, c. 30, §9; Code 1923, c. 117, §9.)

§9. Indexes of Books; Penalty.—The clerk of every court shall have an index to each book he is required to keep, making convenient reference to every order, record, or entry therein. Every execution and every judgment or decree for money shall be indexed as well in the name of every person against whom, as in the name of every person in whose favor, the same is. A clerk failing to perform any duty required of him by this section shall forfeit not less than twenty nor more than one hundred dollars.(Code 1849, c. 163, §20; Code 1860, c. 163, §17; Code 1868, c. 117, §10; 1875, c. 73, §10; 1882, c. 30, §10; Code 1923, c. 117, §10.)

§10. Duplicate Certificate of Allowance; Penalty.—There shall be no duplicate certificate of any allowance of a court to be paid out of the treasury, unless the court, upon proof, by the oath of the party or otherwise, of the loss or destruction of the original certificate, shall order a duplicate, which shall show on its face that it is a duplicate issued by order of the court. Any clerk who shall issue a duplicate otherwise shall forfeit one hundred dollars.(Code 1849, c. 163, §24; Code 1860, c. 163, §21; Code 1868, c. 117, §13; 1875, c. 73, §13; Code 1923, c. 117, §13.)

§11. Report by Circuit Clerk to Auditor of Claims Allowed Against State; Duties of Auditor; Penalty.—It shall be the duty of the clerk of the circuit court of each county, in addition to the reports of fines, jurors and witnesses otherwise provided for by law, to transmit to the auditor, within thirty days after the adjournment of each term of the court, a report of all claims allowed and certified by such court for payment out of the state treasury. Such report shall show in whose favor the claim is allowed, for what purpose and the amount thereof. It shall be the duty of the auditor to furnish the clerk with blank forms for such reports, and, when made out and returned to the auditor, he shall cause the same to be recorded in a book to be kept by him for that purpose.

If any clerk or the auditor fail to perform any duty required in this section he shall forfeit one hundred dollars.(1887, Ex. Sess., c. 7, §§1, 2, 3; Code 1923, c. 117, §13b.)

§12. Examination of Clerk’s Office.—The supreme court of appeals and every circuit and county court, respectively, shall annually appoint two or more persons to examine the clerk’s office of such court. They shall examine the fee-books and the condition of the records and papers in the office, and report whether the clerk has faithfully discharged his duties. The court may allow to each person making such examination a sum not exceeding five dollars, to be paid out of the county treasury when the examination is of the office of the circuit or county court, and out of the state treasury when it is of the office of the supreme court of appeals.(Code 1849, c. 163, §8; Code 1860, c. 163, §6; Code 1868, c. 117, §1; 1875, c. 73, §1; Code 1923, c. 117, §1.)

§1. Appointment, Removal and Powers of Commissioners.—Each circuit court and every other court of record now existing, or which may hereafter be established, having jurisdiction to try or hear suits in chancery or actions at law, may from time to time appoint not more than four commissioners in chancery or for stating accounts, except that the circuit court of any county the population of which exceeds thirty thousand and is less than fifty thousand may appoint not more than six of such commissioners, and that the circuit court of any county the population of which exceeds fifty thousand may appoint not more than eight of such commissioners, who shall be removable at its pleasure, with power to take depositions and to swear and examine witnesses and to certify their testimony. The judge of any court empowered to appoint commissioners in chancery or for stating accounts may in vacation appoint such commissioners with as much effect as if appointed by the court, and they shall have like powers.(Code 1849, c. 175, §2; 1852, c. 81, §1; Code 1860, c. 175, §§2, 3; Code 1868, c. 129, §§1, 2; 1872-3, c. 65, §§1, 2; 1872-3, c. 138, §§1, 3; 1881, c. 34, §§1, 3; 1882, c. 57, §1; 1901, c. 37, §1; 1907, c. 42, §1; Code 1923, c. 129, §1.)

§2. Oath of Commissioner.—Every such commissioner, before proceeding to act, shall take the oath prescribed by section five, article four of the Constitution of this State.(1872-3, c. 138, §2; 1881, c. 34, §2; 1882, c. 57, §2; Code 1923, c. 129, §2.)

§1. Appointment; Term; Duties; Authority.—Each circuit court, and every other court of record having jurisdiction to try or hear suits in chancery or actions at law, may appoint a general receiver of the court, who shall hold his office at its pleasure, and whose duty it shall be, unless it be otherwise specially ordered, to receive, take charge of, and invest in such stock or other security as the court may order, and in the manner required by such order, all moneys paid into court, or into bank or other place of deposit, under any judgment, order or decree of such court, and standing subject to its orders; and also to pay out or dispose of the same as the court may order or decree; and to this end the general receiver shall have authority to check for, receive and give acquittances for, all such moneys.(1852, c. 80, §2; Code 1860, c. 179, §16; Code 1868, c. 133, §15; Code 1923, c. 133, §15.)

§2. Powers and Duties as to Securities.—The certificates of stock or other securities in which, under the orders of the court, such investments may be made, shall be taken in the name of the general receiver, as such, and be kept by him, unless otherwise specially ordered; and he shall have the power to sell, transfer or collect the same, when ordered by the court to do so, but not otherwise; and in case of his death, resignation or removal, his successor, or any person specially appointed by the court for that purpose, shall have like power.(1852, c. 80, §3; Code 1860, c. 179, §17; Code 1868, c. 133, §16; 1882, c. 78, §16; Code 1923, c. 133, §16.)

§3. Dividends and Interest.—The general receiver shall collect the dividends and interest on all certificates of stock or other securities in which investments have been or may be made under the orders or decrees of his court, or under the provisions of this article, when and as often as the same may become due and payable thereon, and shall invest or dispose of the same as the court shall order or decree.(1852, c. 80, §4; Code 1860, c. 179, §18; Code 1868, c. 133, §17; Code 1923, c. 133, §17.)

§4. Interest on Money Loaned.—The interest on all loans made to individuals under an order of court shall become due and payable on the first day of January in each year, until the principal is paid; and unless the interest be paid at the time it becomes due and payable, compound interest shall be charged thereon to the borrower from such time until payment thereof is made.(1852, c. 80, §10; Code 1860, c. 179, §24; Code 1868, c. 133, §23; Code 1923, c. 133, §23.)

§5. Receiver’s Liability for Funds and Interest Thereon.—He shall be liable for all moneys which may come into his hands as general receiver; and if at any time he shall fail to invest any sum of money, as required by the preceding sections, for the space of sixty days after the same shall be, or ought to have been, received by him, or shall fail to pay out any sum of money, when required by the court to pay the same, for the space of sixty days after it shall come into his hands for the purpose of such payment, he shall be charged with interest thereon from the day when such money was, or ought to have been, received by him, until such investment or payment is made, unless, upon good cause shown, the court shall order otherwise.(1852, c. 80, §6; Code 1860, c. 179, §20; Code 1868, c. 133, §19; Code 1923, c. 133, §19.)

§6. Receiver’s Bond.—He shall, at the time of his appointment, and at least once in every two years thereafter, give bond with good security, to be approved by the court, in such penalty as the court shall prescribe, but sufficient, at least, to cover the probable amount which may come into his hands as such receiver during the ensuing two years, conditioned as provided for official bonds.(1852, c. 80, §7; Code 1860, c. 179; §21; Code 1868, c. 133, §20; 1882, c. 78, §20; Code 1923, c. 133, §20.)

§7. Receiver’s Compensation.—He shall receive as compensation for his services such percent of the amount received and invested or paid out by him in each case as the court may direct.(1852, c. 80, §8; 1852-3, c. 31, §8; Code 1860, c. 179, §22; Code 1868, c. 133, §21; Code 1923, c. 133, §21.)

§8. Accounts and Reports.—He shall keep an accurate and itemized account of all moneys received, invested and paid out by him, showing the respective amounts to the credit of each case in the court, and designating in the items the judgments, orders or decrees of the court under which the respective sums have been received, invested or paid out. On the first day of each regular term of the court, he shall report to such court a general statement showing the balance to the credit of each case in the court in which money has been received by him, the manner in which it is invested, the amounts received, invested or paid out since his last report, and the whole amount then invested and subject to the future order of the court; and he shall, at any time when required by the court so to do, furnish a statement of the amount subject to the order of the court in any case pending therein.(1852, c. 80, §5; Code 1860, c. 179, §19; Code 1868, c. 133, §18; Code 1923, c. 133, §18.)

§9. Failure to Keep Accounts or Make Statements.—If he shall fail to keep the account, or to make out and return the statements required by the next preceding section of this article, he shall be subject to a fine of not less than one hundred nor more than one thousand dollars, to be imposed by the court at its discretion; and the condition of his official bond shall be taken and held to embrace the liability of himself and his sureties for any such fine.(1852, c. 80, §9; Code 1860, c. 179, §23; Code 1868, c. 133, §22; Code 1923, c. 133, §22.)

§10. Settlement of Accounts of General Receiver and Others Who Hold Money Subject to Order of Court; Examination of Bonds and Securities.—Each circuit court, and every other court which has appointed a general receiver, shall, at its first regular term after the first day of January in each year, by an order entered of record, require one of its commissioners in chancery, other than the commissioner who may have been appointed general receiver thereof, to state and settle the accounts of the general receiver of such court, and, unless otherwise provided, of all persons who have money subject to the future order of the court, and which then remains undisbursed. The clerk of the court shall furnish to such commissioner a copy of the order so made, with a list appended thereto exhibiting the names of such receiver and persons. The commissioner shall summon such receiver and persons, or the personal representatives of such of them as are dead, before him, and audit, state and settle their accounts, and report the same to the circuit court at its next term after such order has been made. He shall also cause the bond of the receiver of the court, and the bonds or other securities given for any money loaned under the order of the court, to be produced before him, and shall ascertain if the obligors in such bonds, or if such other securities, are sufficient, and report thereon to the court at the times before mentioned.(1852, c. 80, §11; Code 1860, c. 179, §25; Code 1868, c. 133, §24; Code 1923, c. 133, §24.)

§11. Examination of Reports; Recordation New Bond or Additional Security; Effect.—The court shall examine the reports required by the preceding section, when the same are made to it, and, if satisfied of the correctness thereof, shall order them, by indorsement thereon, to be recorded. If it appear from the report of the commissioner that any bond of a receiver, or any bond or other security given by any person to whom money has been loaned under its order, is insufficient, the court shall order additional security to be given, or another bond to be executed before it, in such penalty as may seem right, and with sufficient sureties. But the execution of such new bond shall not discharge the sureties in any prior bond from their liability for acts of the principal obligor done previously to the execution of such new bond.(1852, c. 80, §12; Code 1860, c. 179, §26; Code 1868, c. 133, §25; Code 1923, c. 133, §25.)

§12. “Receivers’ Book;” Recordation of Reports; Inspection.—The clerk of each circuit court shall procure, at the expense of his county, a book to be called the “Receivers’ Book,” wherein he shall record such reports, when approved by the court; and he shall make an index thereto, showing the style of the suit or other proceeding in which money has been paid as aforesaid, and the page where any report respecting the same has been recorded. Such book shall be open to the examination of any person interested, or his counsel, without the payment of any fee therefor.(1852, c. 80, §13; Code 1860, c. 179, §27; Code 1868, c. 133, §26; Code 1923, c. 133, §26.)

§13. Charges of Clerks and Commissioners.—For recording the reports required by section ten of this article the clerks may charge, in each case mentioned in such report, a fee of fifty cents, to be paid out of the fund in court; and such commissioners may charge for the reports made under said section the same fees allowed by law to commissioners in chancery for other reports, to be paid out of the funds in court, and charged to the respective cases therein, in such proportion as the court shall judge right.(1852, c. 80, §14; Code 1860, c. 179, §28; Code 1868, c. 133, §27; 1885, c. 9; Code 1923, c. 133, §27.)

§1. Appointment; Oath; Attendance at Grand Jury Sessions.—The circuit courts of the several judicial circuits in this State, or the judges thereof in vacation, or the judges of any intermediate, criminal or common pleas court, are hereby empowered and authorized to appoint competent shorthand reporters to take and report, under such regulations as such judges, or any of them, may prescribe, the proceedings had and the testimony given in any case, either civil or criminal, or in any other proceeding had in such court, including the taking of testimony before the grand jury of such court for the use of the prosecuting attorney of the county, and in proceedings before the judge of such court in vacation, and otherwise to aid the judge in the performance of his official duties.

The appointment of such reporter may be made by the judge of such court by an order entered of record, and the reporter so appointed shall be designated the “official reporter” of the court for which he shall be appointed.

Such reporter, when appointed, shall be qualified under oath, and shall be authorized to attend the sessions of the grand jury, but shall retire from such session when directed by the foreman, or a majority of the grand jury, or when ordered to do so by the court, and when the grand jury desires to consult or vote upon any matters before them.(1870, c. 90; 1881, c. 94, §1; 1887, c. 20, §1; 1893, c. 40, §1; 1921, c. 98, §1; Code 1923, c. 114B, §1.)

§2. Shorthand Notes.—It shall be the duty of such reporter to take full shorthand notes of the testimony and proceedings in which his services may be required, and such notes shall be deemed and held to be official and the best authority in any matter in dispute.(1887, c. 20, §3; 1921, c. 98, §2; Code 1923, c. 114B, §2.)

§3. Compensation for Attending Court and Taking Notes.—The official reporter shall receive, for his services and expenses in attending the court or judge and in taking the notes provided for in section two of this article, such salary or other compensation as the court or judge may allow. If such salary be allowed, it shall be paid monthly, out of the county treasury, by the county court of the county constituting the judicial circuit, and if the circuit consists of more than one county, such salary shall be paid by the several county courts of the counties constituting such circuit, out of their respective county treasuries, in such proportions as the court or judge may fix. If no such salary be allowed, such other compensation and expenses as may be allowed in civil or misdemeanor cases shall be certified by the court or judge to the county court of the county in which such services were rendered, and the same shall be paid out of the county treasury. Such other compensation and expenses in felony cases shall be certified to the auditor of the State and paid out of the state treasury. The salary or other compensation provided for in this section shall not be deemed to include the making of typewritten transcripts as provided for in section four.(1887, c. 20, §2; 1893, c. 40, §§1, 2; 1921, c. 98, §4; Code 1923, c. 114B, §4.)

§4. Transcript of Notes; Fee; Authenticity; Transcript for Judge in Criminal Cases.—The reporter shall furnish, upon request, to any party to a case, a typewritten transcript of his shorthand notes of the testimony or other proceedings, and shall certify the same as being correct, and shall be paid therefor, by the party requesting such transcript, at the rate of twenty cents for each one hundred words so transcribed and certified; and for each carbon copy of such transcript, ordered at the same time, he shall be paid six cents for each one hundred words so furnished.

A transcript of such testimony or proceedings, when certified by the official reporter and by the judge of the court, shall be authentic for all purposes, and shall be used by the parties to the cause in any further proceeding therein wherein the use of the same may be required. It may be used, without further authentication, in making up the record on appeal, as provided in sections thirty-six and thirty-seven, article six, chapter fifty-six of this Code; and in all cases of appeal such reporter shall also make a carbon copy of such transcript, which copy shall be filed in the office of the clerk of the court in which the trial or proceedings were had, to be used, if necessary, in making up the record on appeal, and, if so used, the clerk shall not be entitled to any fee for that part of the record. If, upon appeal or writ of error, the judgment, decree or order entered in the cause be reversed, the cost of such transcript shall be taxed as other costs; and if such transcript be requested or required for the purpose of demurring to the evidence, the cost thereof shall be taxed in favor of the party prevailing on the demurrer.

It shall also be the duty of such reporter in any criminal case, upon the request of the court or the judge thereof, and for his use, to furnish a transcript of his notes of the testimony and proceedings without extra charge.(1887, c. 20, §§3, 4; 1919, c. 105, §4; 1921, c. 98, §§2, 3; Code 1923, c. 114B, §§2, 3.)

§5. Salary in Lieu of All Other Compensation.—If neither of the methods of compensation provided for in section three of this article be adopted, a salary may be allowed in lieu of all other compensation, which shall be paid monthly, out of the county treasury, by the county court of the county constituting the judicial circuit, and if the circuit consists of more than one county, such salary shall be paid by the several county courts of the counties constituting the circuit, out of their respective county treasuries, in such proportions as the court or judge may fix. All fees for services rendered by the official reporter in the discharge of his duties as such, when he is allowed a salary under the provisions of this section, may be collected, and shall, when collected by the sheriff or official reporter, be paid into the treasury of the county in which the services were rendered, except that all fees paid by the State shall be refunded to the State when collected; and it shall be the duty of such reporter to make out, sign and deliver to the sheriff a fee bill in every case, civil or criminal, giving the style thereof and the amount due, and from whom, which amount may be collected or levied for by the sheriff, and such fee bill shall have the force and effect of an execution when levied. An official reporter compensated under the provisions of this section shall collect the fees mentioned in section four of this article for any transcript of his shorthand notes of the testimony or proceedings furnished by him to any party, and shall pay the same over to the sheriff of the county in which the services were performed, to be by him accounted for and paid into the county treasury.(1921, c. 98, §4; Code 1923, c. 114B, §4.)

§6. Reporter’s Fee; How Taxed, Paid and Accounted For.—The clerk of the court in which such reporter is employed shall tax as a part of the costs a reporter’s fee of not less than five dollars, to be fixed by the court or judge, for each case in which such reporter was engaged. Such costs, when received by the clerk, shall be paid by him to the sheriff, and, if no salary is allowed such reporter, the sheriff shall account for and pay such costs, in civil and misdemeanor cases, into the county treasury, and, in felony cases, into the state treasury; but if the reporter is allowed a salary, the sheriff shall account for and pay such costs into the county treasury only.(1921, c. 98, §4; Code 1923, c. 114B, §4.)

§1. West Virginia Law Libraries; Control and Management.—The state law library now in the city of Charleston shall be known as the “West Virginia Law Library,” and shall be wholly under the control and management and in the custody of the supreme court of appeals.(Code 1849, c. 19, §19; Code 1860, c. 19, §19; 1921, c. 161, §1; Code 1923, c. 15A, §1.)

§2. Librarian; Bond; Assistants; Compensation.—The supreme court of appeals, or the judges thereof in vacation, shall appoint a competent librarian to have immediate custody and charge of the West Virginia law library under the direction of the court. Such librarian shall give bond in a penalty fixed by the court of not less than two nor more than five thousand dollars, with surety thereon, to be approved by the court, and conditioned as provided for official bonds. Such bond shall be deposited for safe-keeping with the clerk of the court. The librarian shall be an officer of the court and shall hold his office and be removable at its pleasure. Vacancies in the office of librarian occurring during a vacation of the court may be filled by appointment in writing made by the judges of the court, or any three of them. When, in the opinion of the court, other employees are needed for the proper protection and use of the library, it may employ such assistants as may be necessary for that purpose. The salary of the librarian shall be three thousand dollars per annum payable in monthly installments, and the expense of such assistants shall be fixed by the court and shall be paid upon order of the court.(Code 1849, c. 19, §§20, 21; Code 1860, c. 19, §§20, 21; Code 1868, c. 15, §3; 1872-3, c. 68; 1877, c. 14, §1; 1882, c. 34, §§10, 11; 1891, c. 70, §§1, 2; 1921, c. 161, §2; Code 1923, c. 15A, §2.)

§3. Rules and Regulations Governing Use of Library.—The library shall be open under such rules and regulations as the court may prescribe from time to time, and it shall be the duty of the court to adopt such rules and regulations and to cause them to be published, as other rules of the court are published.(Code 1849, c. 19, §23; Code 1860, c. 19, §23; Code 1868, c. 15, §3; 1882, c. 34, §10; 1891, c. 70, §2; 1921, c. 161, §3; Code 1923, c. 15A, §2a.)

§4. Control of Library by Court; Expenses.—The supreme court of appeals shall have the power and it shall be its duty, to purchase such new and additional books for the library as in its opinion shall be right and proper, and shall cause such exchanges or sales of books to be made as may be for the benefit of the library, and, in general, the court shall cause to be done and performed all things necessary and proper to keep the books of such library in good condition, and for that purpose may cause such catalogs to be made as may be necessary. All expenses necessarily incurred under the order of the court for the purposes of this article, including postage, freight and express charges, shall be paid out of appropriations for that purpose, under the order of the court.(1921, c. 161, §6; Code 1923, c. 15A, §2d.)

§5. Distribution of West Virginia Reports.—The librarian shall have charge of the distribution of the West Virginia reports after the same are printed and bound and approved by the reporter. As soon as practicable after any new volume of such reports has been delivered to the librarian, not including reprints of former volumes, he shall dispose of the same as follows: Ten copies to the college of law of West Virginia university, one copy to the governor, two copies to the attorney general, one copy to the judge of every court of this State, one copy to the head of each of the subordinate executive departments at the state capitol, one copy to the public service commission, one copy to the board of control, one copy to the adjutant general, two copies to the department of archives and history, and one copy to every other administrative board or commission at the state capitol. The librarian shall place five copies in the state law library at Charleston, and shall send five copies to the congressional law library at Washington, District of Columbia. He shall also arrange, as far as possible, to exchange four copies of each volume of such reports for a like number of copies of the current volumes of the reports of the court of last resort of each of the states, of which last mentioned reports, when received, he shall place one copy in the state law library at Charleston, and shall send one copy each to the college of law of West Virginia university, to the association at Charles Town, and to the Ohio county library at Wheeling. The governor may, in writing, cause additional copies of such reports to be furnished to any officer, court, institution or board now entitled to one or more copies; and he may also cause one or more copies of such reports to be furnished to any officer, board, commission, institution or tribunal not named herein. The copies of said reports furnished to any officer, judge, library, board or commission shall remain the property of the State, and the copy received by any judge or officer shall be turned over to his successor in office. The copies furnished to any library, board or commission shall be safely kept therein.[Code 1849, c. 19, §§4, 22; Code 1860, c. 19, §§4, 22; Code 1868, c. 15, §6; 1872-3, c. 190, §6; 1875, c. 65, §6; 1882, c. 36, §4; 1883, c. 46, §4; 1890, c. 3, §4; 1891, c. 70, §2(10); 1915, c. 45, §2(10); 1921, c. 161, §5; Code 1923, c. 15A, §2c; 1925, c. 3, §2c.]

§6. Distribution of Acts of Legislature.—Free distribution of the acts and resolutions of each session of the legislature, and other matter directed by law to be published therewith, shall be made as follows by the state librarian: One copy to every judge and clerk of each court in this State; one copy each to the judge, clerk and marshal of every United States district court of this State; one copy to every prosecuting attorney, sheriff, assessor, county superintendent of free schools, surveyor of lands, commissioner of the county court, and justice of the peace; five copies to the governor; three copies to the attorney general; two copies each to the state superintendent of free schools, secretary of state and the auditor; one copy each to the treasurer and the adjutant general; four copies to the public service commission; three copies to the board of control; one copy each to the chief of the department of mines, the commissioner of labor, and the commissioner of agriculture; five copies to the clerk of the senate, one for his own use, and the others to be kept in his office for the use of the senate; ten copies to the clerk of the house of delegates, one for his own use and the others to be kept in his office for the use of the house; ten copies to each member of the legislature, one for his own use and the others for distribution; ten copies to the college of law of the West Virginia university; one copy to each public institution of the State; three copies to the librarian of congress, one for the library and one for each house of congress; one copy to each senator and representative in congress from this State; three copies to the secretary of state of the United States, one for his own office, one for the president and one for the attorney general of the United States; one copy to the governor of each state, territory and possession of the United States. The librarian shall arrange as far as possible with each of the other states for the exchange of two copies therewith, one of which copies received from each state shall be deposited in the state law library at Charleston, one copy in the library of the college of law of West Virginia university, and the other copies, if any, so received from any other state, to be disposed of as the governor shall direct. All of the copies named in this section shall be sent by mail, express or otherwise, as the librarian may deem best. The acts to which officers of a county may be entitled shall be forwarded to the clerk of the county court thereof and shall be delivered by him to the officers entitled to receive the same. Upon receipt of such acts by him, the clerk of the county court shall forward his receipt therefor to the librarian, specifying the number received, and he shall require each person receiving a copy of such acts from him to sign a receipt therefor in a book to be kept by him for that purpose. The remaining copies of the acts shall be in the custody of the state board of control and be sold and disposed of as provided in article two, chapter twenty-five of this Code. The governor may, in writing, cause additional copies of such acts to be furnished to any officer, court, institution or board now entitled to one or more copies, and he may also cause one or more copies of such acts to be furnished to any officer, board, commission, institution or tribunal not named herein.(Code 1849, c. 16, §§5-14; Code 1860, c. 16, §§5-14; 1864, Joint Resolution No. 12; 1865, c. 21, §10; Code 1868, c. 13, §1; 1882, c. 143, §1; 1915, c. 54, §1; Code 1923, c. 13, §1.)

§7. Accounts and Reports of Librarian.—The librarian shall keep full and complete account of all money transactions in connection with such library and of the receipt of all books therein, and shall perform such other duties in connection therewith as may be ordered by the court. The librarian shall make an annual report to the court within thirty days after the close of each fiscal year, in which he shall state the number of copies of reports and session acts received by him, and what disposition he made thereof, and also what money came into his hands, and from what sources, during the preceding fiscal year.(1921, c. 161, §4; Code 1923, c. 15A, §2b.)

§8. Law Librarian at Charles Town.—The county court of Jefferson county shall appoint some competent person librarian of the state law library at Charles Town, in the county of Jefferson. The person so appointed shall continue in office for and during the term of six years from the date of such appointment, unless sooner removed by said county court for good cause, and shall perform such duties, and make and enforce such rules and regulations respecting the use of such library, as may be prescribed by said county court; and such person shall be in attendance at the library on such days and during such hours as said county court may direct.(1913, c. 35, §1; Code 1923, c. 15A, §3.)

§9. Same; Bond and Salary.—Such person shall give a bond in the penalty of five hundred dollars, with security to be approved by said county court, payable to the State of West Virginia, with condition for the faithful performance of his duties as such librarian. He shall receive such salary as the county court of Jefferson county may authorize, to be paid out of the funds of said county.(1913, c. 35, §2; Code 1923, c. 15A, §4.)