producing the record and having the same docketed, but such extension shall not be granted more than once; and if the record be not delivered and the cause docketed within the time so allowed, the cause shall stand dismissed as aforesaid.

4. The reasonable costs of procuring and docketing the said record shall be taxed, under direction of the court, to such party in the cause as the court shall deem right.

5. It shall be the duty of the several persons who have heretofore acted as clerks of the above mentioned courts which have ceased to exist within this state, to deliver to the clerk of the supreme court of appeals of this state the records, books, papers, seals and other property of the said courts.

6. In all cases where the time limited for appeal from, or writ of error or supersedeas to, any judgment, decree or order of any circuit court, has expired since the seventeenth day of April, eighteen hundred and sixty-one, or shall hereafter expire before the close of the first term of the supreme court of appeals of this state to be held in the year eighteen hundred and sixty-four, any party who would otherwise have been entitled thereto, may, at any time before the close of the first term of the said court to be held in the year eighteen hundred and sixty-five, present his petition for such appeal, writ of error or supersedeas, notwithstanding anything to the contrary contained in the third section of chapter one hundred and eighty-two of the Code of Virginia, second edition, or in any other law or statute of the state of Virginia.

7. The supreme court of appeals of this state may appoint a tipstaff and crier, who shall receive out of the treasury such reasonable compensation as the court may allow, and be removable at pleasure. The court shall also appoint, and may remove at pleasure, a reporter, and make such order, from time to time, respecting the preparation, publication and distribution of his reports as may seem to them proper. The reporter shall receive such sum, not exceeding six hundred dollars annually, as the court may determine.

8. Chapters one hundred and fifty-nine, one hundred and sixty, and one hundred and sixty-six, the sixth section of chapter fourteen, the third and fourth sections of chapter nineteen, of the said Code, and so much of the tenth section of the last mentioned chapter as relates to the reports of decisions, are hereby repealed.

9. This act shall be in force from its passage.

CHAP. 18.-An ACT for the relief of Milton Wells.

Passed July 21, 1863.

Be it enacted by the Legislature of West Virginia:

1. Milton Wells, elected clerk of the circuit court for Brooke county, is hereby allowed one hundred and twenty days after his election, in which to qualify and give the bond of his office.

2. This act shall be in force from its passage.

CHAP. 19.—An ACT regulating proceedings in Criminal Cases.

Passed July 22, 1863.

Be it enacted by the Legislature of West Virginia:

1. A judge of a circuit court, in vacation, as well as in term time, or a justice, may issue process for the apprehension of a person charged with an offense.

2. On complaint to any such officer, of a criminal offense, he shall examine on oath, the complainant and any other witnesses, and if he see good reason to believe that an offense has been committed, shall issue his warrant reciting the accusation and requiring the person accused, to be arrested and brought before a justice of the county; and, in the same warrant, may require the officer to whom it is directed to summon such witnesses as shall be therein named, to appear and give evidence on the examination.

3. If a person charged with an offense shall, after or at the time the warrant is issued for his apprehension, escape from or be out of the county in which the offense is alleged to have been committed, the officer to whom the warrant is directed, may pursue and apprehend him anywhere in the State; or a justice of a county other than that in which it was issued, on being satisfied of the genuineness thereof, shall endorse thereon his name and official character, and such endorsement shall operate as a direction of the warrant to an officer of such justice's county.

4. An officer arresting a person under a warrant for an offense, shall bring such person before, and return such warrant to, a justice of the county in which the warrant issued, unless such person be let to bail, as hereinafter mentioned, or it be otherwise provided.

5. Where the warrant is issued in a county other than that in which the charge ought to be tried, the justice before whom the accused is brought, shall by warrant, commit him to an officer, that he may, and such officer shall, carry him to the county in which the trial should be, and there shall take him before, and return such warrant to, a justice thereof.

6. A justice may let to bail a person who is charged with, but not convicted of, an offense not punishable with death or confinement in the penitentiary, or of which, if it be so punishable, only a light suspicion of guilt falls on him. If the offense be so punishable, and there is good cause to believe such person guilty, he shall not be let to bail by a justice or justices; and in no case shall a person in jail under an order of commitment be admitted to bail by a justice in`a less sum than was required by such order. But a circuit court, or any judge thereof, may, for good cause, admit any person to bail before conviction.

7. A person charged with an offense not so punishable, and to be carried to another county, shall, if he request it in the county wherein he is arrested, be brought before a justice thereof. In such or any case of a person charged with an offense not so punishable, if he de

sire it, a court, judge or justice, before whom he is brought, may, without thal or examination, let him to bail upon taking a recognizance for his appearance before the court having cognizance of the case; the fact of taking which shall be certified by the court cr officer taking it, upon the warrant under which such person was arrested; and the warrant and recognizance shall be returned forthwith to the clerk of the court before which the accused is to appear; to which court the judge or justice who issued such warrant shall recognize, or cause to be summoned, such witnesses as he may think proper.

8. In all cases in which recognizances at the suit of the commonwealth of Virginia or of this State have heretofore been or shall be entered into, it shall be the duty of the clerk of the court in which, or in the clerk's office of which, any recognizance may be filed, to deliver to the bail on his applying therefor, a bail piece in substance as follows, viz: "A B of the county of -is delivered to bail unto CD, of the county of at the suit of the state of West Virginia. Given under my hand this-day of—in the year

9. A justice may adjourn an examination or trial pending before him, not exceeding ten days at one time, without the consent of the accused, and to any place in the county.. In such case, if the accused be charged with an offense punishable with death or confinement in the penitentiary, he shall be committed to jail, otherwise he may be recognized for his appearance at the time appointed for such further examination or trial, or for want of bail be committed to jail.

10. If the person so recognized do not appear at the time so appointed, the said justice shall certify the recognizance and the fact of such default to the circuit court at its next term; and like proceedings shall be had thereon as on breach of a recoznizance for appearance before such court.

11. If the accused is committed, it shall be by an order of the jus-. tice stating that he is committed for further examination on a day specified in the order; and on that day he may be brought before the justice by his verbal order to the officer by whom he was committed, or by a written order to a different person.

12. The justice before whom any person is brought for an offense, shall, as soon as may be, in the presence of such person, examine on oath the witnesses for and against him, and he may be assisted by counsel.

13. While a witness is under such examination, all other witnesses may, by order of the justice, be excluded from the place of the examination and kept separate from each other.

14. When the justice deems it proper, or the accused shall desire it, the tesimony of the witnesses shall be reduced to writing and signed by them respectively.

15. The justice shall discharge the accused if he consider that there is not sufficient cause for charging him with the offense, and he shall

commit him to jail, if he consider that there is such cause, or let him to bail, under the sixth section. He shall require recognizances, with or without sureties, as he deems proper, from all material witnesses against the accused, and also for him if he desire it.

16. When a justice so considers that there is sufficient cause for charging the accused with the offense, unless it be a case wherein it is otherwise specially provided, the commitment shall be for trial, and the recognizances be for appearance in the circuit court on some day of a term then being held, or on the first day of the next term thereof. The justice shall return to the clerk of such court, as soon as may be, a certificate of the nature of the offense, showing whether the accused was committed or bailed therefor; and the clerk, as soon as may be, shall inform the prosecuting attorney, in said court, of such certificate.

17. Every examination and recognizance taken under this act shall, by the judge or justice taking it, be certified to the clerk of the circuit court, on or before the day on which the party charged is to appear in such court. If he fail, he may be compelled to do so by attachment, as for a contempt.

18. A justice to whom complaint is made, or before whom a prisoner is brought, may associate with himself one or more justices of the county, and they may together execute the powers and duties before mentioned.

19. When a person charged with a felony, is committed or recognized for trial in a circuit court according to the foregoing sections, the clerk of such court, shall, as soon as may be, issue a venire facias, directed to the officer of the court in which the trial is to be, requiring him to summon jurors for such trial.

20. If a person be in jail, or under recognizance to answer a charge of assault and battery or other misdemeanor, for which there is a remedy by civil action, unless the offense was committed by or upon a sheriff or other officer of justice, or riotously, or with intent to commit a felony, if the party injured appear before the judge or justice who made the commitment or took the recognizance, and acknowledge in writing that he has received satifaction for the injury, such judge or justice, in his discretion, may by an order under his hand, supersede the commitment or discharge the recognizances as to the accused and the witnesses, upon payment by the accused of the costs which may have already accrued.

21. Every order discharging a recognizance shall be filed with the clerk before the day of the court on which the party was to appear; and an order superseding a commitment shall be delivered to the jailor, who shall forthwith discharge the witnesses (if any) and the accused; and against him judgment shall be entered in the said court, for the costs of the prosecution which have not already been paid.

22. Any person committed or recognized for examination before an examining court, as provided for in chapter two hundred and five of the Code of Virginia, or committed or recognized for trial before a

22

Qualification of Officers-Quartermaster General.

court of oyer and terminer, as provided for in section second of chapter two hundred and twelve of the said Code, shall appear for trial before the circuit court of the county in which such examining court, or court of oyer and terminer, was to be held, on the first day of the next term thereof, in the same manner as if committed or recognized for that purpose under the foregoing sections. And all witnesses recognized to appear before such examining court, or court of oyer and terminer, shall appear before such circuit court on the first day of the next term thereof.

23. Chapters two hundred and four and two hundred and five of the Code of Virginia, are hereby repealed.

21. This act shall be in force from its passage.

CHAP. 20-An ACT allowing further time to Officers now elected, in which to Qualify and give Bond.

Passed July 22, 1863.

Be it enacted by the Legislature of West Virginia:

1. Any person who is now elected to any office in any county in this State, who is required by law to qualify and give bond, shall be allowed until the end of the first term of the circuit court for the county in which he is elected, in which to qualify and give bond of his office, if it be made appear to said court, or the judge thereof in vacation, that such officer has been prevented, by any cause, from qualifying and giving said bond within the time fixed by an act entitled "An act relating to official bonds," passed June twenty-ninth, eighteen hundred and sixty-three.

2. This act shall be in force from its passage.

CHAP. 21.-An ACT for the appointment of a Quartermaster General, and prescribing, in part, his duties.

Passed July 23, 1863

Be it enacted by the Legislature of West Virginia:

1. There shall be a quartermaster general, who shall be appointed by the governor, with the rank of a colonel of infantry, by brevet. His term of office shall be two years unless the office be sooner abolished; but the term of the first quartermaster general appointed shall expire on the first of January, eighteen hundred and sixty-five.

2. He shall have charge of the quartermaster's department throughout the State, and issue orders to all quartermasters, requiring returns and reports, and give instructions for the preservation of the public property. He shall be commissary general of ordnance, and as such shall direct the inspection and proving of all ordnance and ammunition, and the preparation thereof for service.