and shall be, except as to his term of office and jurisdiction, subject to the laws in force governing circuit court judges The judge of said court shall be removed from office for the same reasons and in the same manner as judges of the circuit courts. And, if from any cause, the office shall become vacant, the vacancy shall be filled in the same manner as in the case of a vacancy in the office of the judge of the circuit court.

Sec. 4. The said criminal court judge shall, for his services, receive a salary of not less than eighteen hundred ($1800.00) dollars, nor more than three thousand ($3000) dollars per annum; said amount to be fixed and paid from year to year by the county court of said county out of the funds of the said county of Mingo, as provided by the statute.

Sec. 5. The powers and jurisdiction conferred upon circuit courts in the trial of criminal cases and proceedings and modes of procedure authorized therein, within the county of Mingo, are hereby conferred upon, and shall be exercised by said criminal court of Mingo county. And the judge of said criminal court shall have the powers in vacation as to felonies, misdemeanors and other offences committed in said county of Mingo, that are conferred upon the judge of the circuit court of said county.

Sec. 6. It shall not be necessary for any cause or proceeding in said criminal court that the fact authorizing it to take jurisdiction of the case or proceeding shall be set forth upon the record but jurisdiction shall be presumed unless the contrary plainly appears by the record.

Sec. 7. The criminal court shall have the same powers to punish for contempt as are conferred upon the circuit court by law.

Sec. 8. There shall be four terms of said court in each year, commencing on the first Monday in January, the first Monday in April, the first Monday in July, and the first Monday in October. The terms of said court shall be held at the county seat of the said county at the court house thereof.

Sec. 9. The said criminal court shall empanel a grand jury at each term thereof; and said criminal court, at a special or adjourned term thereof, whenever it shall be proper to do so, may order a grand jury to be drawn and summoned to attend such term. Such grand jury may consider any offences against the law whether committed within said county of Mingo before the next preceding term or not, and whether the accused shall have been held for trial or not prior to the

next preceding regular term. And all of the provisions of chapter one hundred and fifty-seven of the code of West Virginia in regard to grand juries in the circuit court shall apply as far as applicable, to grand juries in said criminal court. The grand and petit jurors serving in said court shall be chosen and empaneled as in the circuit court and shall receive the same compensation as said jurors in the circuit court.

Sec. 10. The clerk of the circuit court of Mingo county shall act as and perform the duties of the clerk of said criminal court and shall receive the same fees as the clerk of the circuit court for similar services and exercise the same powers arising within the jurisdiction of said court. All processes, rules and orders of the said court in the exercise of its jurisdiction shall be signed by the clerk thereof, to be directed to the sheriffs of the proper counties wherein the same are to be executed; and they shall be executed in like manner and with the same effect as processes issuing from the circuit court of said county. And the county court of said county may allow said clerk a compensation for his services of not more than one thousand dollars per year.

Sec. 11. The sheriff of Mingo county, and the sheriffs of the several counties in the state, shall, by themselves or their deputies, execute all processes of said court, or issued by the clerk thereof. directed to them respectively and all processes issued by the clerk thereof shall be directed to and executed by them in the same manner as is provided by law as to processes issuing from the circuit court or the clerk thereof. And the sheriff of Mingo county shall perform the same duties and services for the criminal court of Mingo county, as he is now by law required to perform for the circuit court of said county. And in the execution of the processes, rules and orders of said court, said officers shall have the same powers and likewise be subject to the same liabilities, govern himself by the same rules and principles of law and the statutes of the state, and be entitled to the same fees as though the processes issued from the circuit court, of said county. And the county court of said county shall allow him an additional compensation therefor of not more than one thousand ($1000.00) dollars.

Sec. 12. The judge of the circuit court may, in his discretion, certify to the said criminal court for trial, all the indictments for felonies and misdemeanors now pending in his said court and all of

which may hereafter be found by the grand juries empaneled by the said circuit court.

Sec. 13. A change of venue in any case pending in said court may be entered as provided in section fifteen of chapter one hundred and fifty-nine of the code of West Virginia.

Sec. 14. It shall be the duty of the county court of Mingo county to provide all record books and other stationery that may be necessary, and likewise a seal for the said criminal court; but full faith and credit shall be given to the record of said court and certificates of its judge and clerk whether the seal of the court be affixed thereto or not, in like manner, and with the same effect as if the same were records of the circuit court similarly authenticated.

Sec. 15. Appeals may be allowed and writs of error and supersedeas awarded to the judgments, rulings and orders of said criminal court by the circuit court or the judge thereof, or the judge of any other circuit court in this state in cases involving the freedom of a person or the constitutionality of a law. And where there has been a conviction in cases relating to the public revenue, the right of appeal shall belong to the state as well as the defendant.

Sec. 16. Any person who is a party to any such controversy, wishing to obtain a writ of error, appeal or supersedeas in the cases named in section fifteen of this act, may present to the circuit court of Mingo county or to the judge thereof in vacation, or any other circuit judge in this state a petition therefor, and sections four, five, six, seven, eight, eleven, twelve, fourteen, and sixteen, of chapter one hundred and thirty-six of the code of West Virginia, concerning appeals to the supreme court of appeals shall, so far as applicable, govern the proceedings of such appeal, writ of error, or supersedeas as to the duties. of the petitioner, the said courts and the clerks thereof: provided, however, no such appeal, writ of error or supersedeas to said court shall be allowed unless the petition therefor be presented in six months from the date of such judgment or order.

Sec. 17. Every appeal, writ of error or supersedeas from said. criminal court shall be docketed in the circuit court of Mingo county, and shall be proceeded with in the same manner as appeals, writs of error or supersedeas are proceeded in when heard and determined in the supreme court of appeals.

Sec. 18. In a case where an appeal, writ of error or supersedeas is to the circuit court, if the court or judge thereof deems the order or judgment plainly right and rejects it on this ground, if the order of

rejection so state, no further petition shall afterwards be presented for the same purpose; but the petition and the order of rejection, with the transcript of the record may be presented to the supreme court of appeals, or judge thereof in vacation, for an appeal, writ of error or supersedeas from said order of rejection. And if allowed, the same proceeding may be had thereon as if the same were a petition originally from the circuit court of said county to the said supreme court of appeals.

Sec. 19. The said circuit court wherein an appeal, writ of error or supersedeas has been allowed by such court or judge thereof in vacation, or any other circuit court in this state, shall, upon the hearing thereof, affirm said judgment or order if there be no error therein prejudicial to the appellant, or reverse the same in whole or in part if erroneous, and remand the same back to the criminal court to be further proceeded in and finally determined. And the clerk of said circuit court shall, as soon as practicable after the adjournment of said court, transmit the decision of said circuit court to the clerk of the said criminal court.

Sec. 20. The criminal court of Mingo county and the judge thereof in vacation shall, concurrent with the supreme court of appeals or the circuit court of said county, or any judge of any circuit court in vacation, grant the writ of habeas corpus ad subjiciendum as provided in chapter three of the code of West Virginia. And all provisions of said chapter shall be applicable thereto. And the same shall be governed as therein provided. But in no case shall the same be issued by the said criminal court or the judge thereof in vacation on the application of any person unless he shall by himself, or by some one in his behalf, apply for the same by petition, showing by affidavit or other evidence probable cause to believe that he is detained in the county of Mingo without lawful authority.

Sec. 21. The prosecuting attorney of Mingo county shall attend the terms of court of said criminal court either by himself or his assistant, and perform the duties of his office as required by section six of chapter one hundred and twenty of the code of West Virginia. And for his services in so doing, he shall receive not more than one thousand ($1,000.00) dollars per annum, to be fixed by the county court of said Mingo county in addition to the amount now allowed by law to the prosecuting attorney of said Mingo county.

Sec. 22. Sections forty-one, forty-two and forty-three of chapter forty-one of the code of West Virginia shall apply to the criminal

court of Mingo county and the judge thereof in the same manner and to the same extent as they do to the circuit court of Mingo county and the judge thereof.

Sec. 23. The judge of said criminal court shall appoint a court stenographer for said court, who shall attend all the terms of said criminal court and take the evidence and transcribe the same when required so to do. And for his services he shall receive the same compensation and be paid in the same manner as stenographers in the circuit courts of this state are paid.

Sec. 24. For the time intervening between the passage of this act and the election of the judge of the said court as provided for in section three of this act, the governor of this state shall appoint and commission a proper person who shall at the time of his appointment be a resident member of the bar of said Mingo county, as judge of said criminal court, created by this act. Said judge so appointed shall, during his term of office, be disqualified from practicing law in all of the courts of this state. And he shall hold said office until the next general election and until his successor is duly elected and qualified.

Sec. 25. From and after the first term of said criminal court held under this act, no grand juries shall be empaneled in the circuit court, unless the judge of said circuit court direct a grand jury to be summoned and empaneled at a regular or special term of said court or by order entered of record.

(Senate Bill No. 50.)

CHAPTER 7.

AN ACT to amend and reenact section nine of chapter twenty-seven of the acts of the legislature of West Virginia, passed February twentieth, eighteen hundred and ninety-nine, relating to the salary of the judge of the Ohio county criminal court.

[Passed February 26, 1908. In effect ninety days from passage. Became a law without the approval of the Governor.]

SEC.

9. Salary of judge of the criminal

court; how paid;
from practicing law.

disqualified

Be it enacted by the Legislature of West Virginia:

That section nine of chapter twenty-seven of the acts of the legis