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NUMBER 41.

CERTAIN DEEDS LEGALIZED.

(Acts 1871, ch. 147.)

That no deed executed prior to the first day of January, 1860, by any officer, authorized by the laws in force at the date of such deed to convey lands sold for the non-payment of taxes, and not redeemed, shall be hereafter questioned in act or proceeding, because of any irregularity or defect in form apparent upon the face of such deed, or because it may not recite all the circumstances attending the sale in pursuance of which such deed was executed. But this act shall not apply to any deed which is the subject of controversy in any action or proceeding instituted prior to its passage.

NUMBER 42.

COURTS OF LIMITED JURISDICTION.

AN ACT in relation to the jurisdiction and powers of such courts of limited jurisdiction as have been, or may be, established in incorporated towns and cities, and in relation to the powers of the judges of such courts in vacation. (Acts 1875, ch. 98.)

(Approved December 24, 1875.)

Be it enacted by the Legislature of West Virginia:

1. Every court of limited jurisdiction which has been or may be established in any incorporated town or city shall have, within such town or city the same jurisdiction and powers at law and in equity, in civil suits and proceedings where the amount in controversy exceeds fifty dollars, exclusive of interest and costs, or the possession or title of real or personal estate is concerned, as the circuit court of the county in which such town or city is, now has or may hereafter be vested with, in the following cases:

I. Where the defendant or one of the defendants resides in such town or city;

II. Where the cause of action arose within such town or city; III. Where the property, real or personal, the title or possession of which is in controversy, or some part of such property, is in such town or city;

IV. Where the defendant or one of the defendants, being a nonresident of the state, is found in such town or city, or has estate or effects therein; and any demand against a resident of such town or city, or a corporation or firm doing business therein, or any stock or share in the capital of such corporation or firm, shall be deemed effects in such town or city within the meaning of this clause.

2. (Acts 1877, p. 113.) Every such court of limited jurisdiction shall have concurrent jurisdiction with and the same powers as such circuit court, in cases of habeas corpus, as to leasing lands of infants, married women or insaue persons, in every case in which lands within, or partly within, such town or city, might have been sold by

decree or order of such circuit court, under authority of either statutory or common law, if the case had been brought therein, in all cases as to corporations having their principal office or place of business within such town or city, as to. the appointment of receivers, and as to a bill for injunction: Provided, That such power shall not extend to the granting of injunctions to the judgments and proceedings of the circuit or county court.

3. The judge of any such court of limited jurisdiction shall have the same powers in vacation with respect to the matters mentioned in this act as the judge of such circuit court in vacation now has or may hereafter be vested with in respect to same matters.

4. All acts heretofore passed are hereby repealed, so far as they are inconsistent with this act. But nothing herein contained shall abridge or take away any jurisdiction heretofore conferred upon any court of limited jurisdiction, or the judge thereof.

NUMBER 43.

AN ACT in relation to the jurisdiction of such courts of limited jurisdiction, as have been or may be, established in incorporated towns or cities, over cases for violation of ordinances of such towns or cities and regulating the proceedings in such cases. (Acts 1875, ch. 92.)

(Approved, December 29, 1875.)

Be it enacted by the Legislature of West Virginia:

1. Where any fine, penalty or punishment may lawfully be imposed for a violation of an ordinance of any incorporated town or city, in which a court of limited jurisdiction has been or may be established such court shall have exclusive jurisdiction of the case. The proceedings in such case shall be by summons on behalf of the town or city as plaintiff, and shall conform to the regulations, so far as they are applicable, respecting civil suits and proceedings before justices of the peace. But the judge or clerk of such court, for good cause shown, may, by endorsement on any such summons, order the defendant or defendants to be arrested and brought forthwith before such judge to be dealt with according to law.

2. All acts and parts of acts heretofore passed are hereby repealed so far as they are inconsistent with this act.

NUMBER 44.

AN ACT to authorize the transfer of causes from courts of limited jurisdiction, heretofore or hereafter established in incorporated towns and cities, to the circuit court of the county. (Acts 1875, ch. 9.)

(Approved, February 25, 1875.)

Be it enacted by the legislature of West Virginia :

1. If a judge of any court of limited jurisdiction, established in any town or city in this state, cannot properly preside at the hearing

or trial of any cause pending therein, on motion of any party thereto, the cause shall be certified to, and the original papers, with a copy of the orders of the court, shall be filed in the circuit court of the county, and the cause shall be docketed therein and proceeded with as though the cause had been originally brought and the prior proceedings had in the circuit court to which it was transferred. 2. This act shall be in force from its passage.

NUMBER 45.

AN ACT providing for the keeping of ropes, wire ladders or other proper fire escapes, in all rooms above the second floor in all hotels and taverns.

(Acts 1883, ch. 63.)

Be it enacted by the Legislature of West Virginia :

1. That each keeper of a hotel or tavern in this state, shall within sixty days after this act takes effect, provide and keep constantly in each room of the hotel and tavern above the second floor, a knotted rope, wire ladder or other proper fire escape of sufficient strength and length, strongly attached or fastened to some outside window in said room, by which any person or persons in any of the rooms in such building may escape from the windows in case of fire; and upon failure to provide and keep such rope, wire ladder or other proper fire escape, the keeper shall be guilty of a misdemeanor, and on conviction thereof, fined not less than twenty-five dollars, nor more than fifty dollars for each month he shall fail to comply with the provi

sions of this act.

2. The provisions of this act shall not apply to any hotel that has a regular and proper fire escape, connected with each hall in said. hotel.

NUMBER 46.

THE SILVER COIN ISSUED BY THE UNITED STATES GOVERNMENT, A LEGAL TENDER, WITHIN THE STATE OF WEST VIRGINIA.

(Acts 1877, ch. 17.)

1. That the silver coin issued by the government of the United States shall be a legal tender for the payment of all debts heretofore or hereafter contracted by the citizens of this state, and the same shall be received in payment of all debts due to the citizens of this state, and in satisfaction of all taxes levied by the authority of the laws of this state.

EXPLANATION OF THE INDEX.

When reference is made to a Chapter, it is to its number as indi-
cated by letters-that is to say:

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INDEX

TO THE AMENDED CODE AND ADDENDA.

The letters "ch." refer to the chapters; the letters "sec." to the sections of the Code, and the let-
ters "Add." to the Addenda thereto.

ABATEMENT.

Plea of, ch. 125, sec. 14 to 19.

To be verified, ch. 125, sec. 39.

Plea of, in attachment cases, ch. 106, sec.19.
ABDUCTION.

Punishment for, ch. 141, sec. 15.

ABSENCE.

Of persons for seven years, effect of, ch.130,
sec. 44, 45.

ACCOUNT.

Action of, ch. 100, sec. 14.
ACCOUNTS.

Of appropriations and disbursements, ch.
17, sec. 11.

Referre to commissioner in chancery, pro-
ceedings on, ch. 129.

ACCORD AND SATISFACTION.

With one joint trespasser, not to enure to
the benefit of another, ch. 136, sec. 7.

ACCUSED

To be discharged if not indicted within two
terms of court, ch. 158, sec. 12.

If indicted for felony and not tried within
three terms, to be discharged, except
when, ch. 159, sec. 25.

To be allowed counsel, ch. 159 sec. 1.
ACKNOWLEDGEMENT OF DEEDS, &C.
Who may take, and form of certificate, ch.
73, sec. 2, 3.

Acknowledgements of married women, who
may take and form of certificate, ch. 73,
sec. 4 to 6.

ACQUITTAL

A good plea in bar, ch. 152 sec. 14.
ACTIONS.

On official and other bonds taken in pursu-

ance of law, ch. 10, sec. 2 to 4.
(See Civil Cases.)

Of Detinne, ch. 102.

Of Ejectment, ch. 90.

For injuries, ch. 103.

For insulting words, ch. 103, sec. 2.
When written evidence required to main-
tain, ch. 98.

Of Trespass, action of Trespass on the case
may be brought, ch. 103, sec. 8.
Limitations to, ch. 104. (See Add. No. 32.)
How prosecuted when there has been a
change of parties, ch. 127, sec. 2.
Pending for more than four years with no

order but continuance, may be discon-
tinued, ch. 127, sec. 8.

Dismissed, may be reinstated within three
terms, ch. 127, sec. 11, 12.

Pending in one court, removal of to another,
ch. 128.

Pending for or against the late Boards of
Supervisors, not to be discontinued, Add.
No. 34.

In what county commenced, ch. 123.
Will abate or be dismissed at Rules, when,
ch. 125, sec. 6 to 8.
Founded on contract against two or more
defendants, plaintiff, though barred as
to some, may have judgment as to the
others, ch. 131 sec. 19.

Not to be brought on judgments after what
time, ch. 139, sec. 11.

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