3 a monument commemorating his life and deeds to be paid for 4 as the legislature shall hereafter direct, which monument shall 5 be erected under the supervision of the governor of the state, 6 and three persons to be appointed by the governor who shall 7 constitute a commission, which shall serve without compensa8 tion, and which shall have the right to contract for the erec9 tion of this monument and to pay for the same, when such 10 payment is authorized, and the governor shall be ex-officio chair11 man of this commission. 12 A majority of this commission shall have the right to act 13 and upon the death or disability of any member thereof, the 14 governor of this state shall fill the vacancy by appointment. CHAPTER 134 (House Bill No. 85-Mr. Ash) AN ACT to create and establish, in the county of Monongalia, a court to be known as the "domestic relations court," and to define its jurisdiction. [Passed April 26, 1923. In effect from passage. Became a law without the approval of the Governor] Be it enacted by the Legislature of West Virginia: Section 1. There is hereby created and established, in and 2 for the county of Monongalia, a court to be known as the domes3 tic relations court of Monongalia county, with jurisdiction co4 extensive with the county for the trial of all cases relating to 5 desertion and non-support of wives and children, and for the 6 hearing and disposition of all matters relating to delinquent, 7 defective, neglected and dependent children and to the enforce8 ment of the general school laws, arising within the county or 9 coming within the jurisdiction of the court as provided by the 10 laws of this state now existing or hereafter enacted. Sec. 2. The said domestic relations court shall have full and 2 exclusive jurisdiction of all matters and causes coming within 3 the purview of chapter fifty-one of the acts of the Legislature of 4 one thousand nine hundred and seventeen, commonly known as 5 the non-support act; within the purview of chapter one hundred 6 and eleven of the acts of the legislature of one thousand nine 7 hundred and nineteen, commonly known as the juvenile act; 8 within the purview of chapter one hundred and thirty-four of 9 the acts of the legislature of one thousand nine hundred and 10 twenty-one, commonly known as the children's guardian act; 11 within the purview of chapter two of the acts of legislature of 12 one thousand nine hundred and nineteen, commonly known as 13 the general school law; within the purview of chapter one hun14 dred and thirty-four of the acts of the legislature of one thousand 15 nine hundred and and twenty-one, commonly known as the de16 pendent and neglected children act; and within the purview of 17 all amendments and re-enactments of the said several acts, and of 18 all other or future acts of the legislature of West Virginia touch19 ing the subject matter of any of the said laws and of the com20 mon law of this state relating to the subject matter thereof. All 21 the power and jurisdiction, and the proceedings and modes of 22 procedure, conferred by law upon the circuit court in any and 23 all said causes and matters are hereby conferred upon and shall 24 be exercised by the said domestic relations court. Sec. 3. The governor of this state, on or before the first day. 2 of May, one thousand nine hundred and twenty-three, shall ap3 point and commission a judge of said court, who shall be a per4 son of good character, a resident member of the bar of Monon5 galia county and a citizen thereof, and who shall preside over 6 said court and serve as such judge from said first day of May, 7 one thousand nine hundred and twenty-three, until the first day 8 of January, one thousand nine hundred and twenty-five. At 9 the general elections regularly held on Tuesday after the first 10 Monday in November, one thousand nine hundred and twenty11 four, and thereafter each four years, some person qualified as 12 aforesaid shall be elected in the manner provided by law for the 13 election of circuit court judges to be the judge of said domestic 14 relations court for the ensuing term of four years, beginning 15 on the first day of January next following such election. The 16 judge of said court may be removed from office for the same 17 reasons and in the same manner as judges of the circuit courts. 18 And if from any cause the office shall become vacant, the vacancy 19 shall be filled in the same manner as in the case of a vacancy in 20 the office of judge of the circuit court. Sec. 4. The judge of said domestic relations court shall re2 ceive for his services the sum of one thousand eight hundred dol3 lars per annum, payable in monthly installments out of the 4 county treasury of said county. It shall be lawful for the judge 5 of said domestic relations court to engage in the general practice 6 of law or other business not affecting the duties required by this 7 act, but he shall not act as attorney or counsel in relation to any 8 causes or matters within the jurisdiction of said court. Sec. 5. It shall not be necessary in any cause or proceeding in 2 said domestic relations court that the facts authorizing it to take 3 jurisdiction of the causes or proceedings should be set forth upon 4 the record; but jurisdiction shall be presumed unless the con5 trary plainly appear by the record. Sec. 6. The domestic relations court shall have the same powers 2 to punish for contempt as are conferred upon the circuit court by 3 law. Sec. 7. In the event of the absence or disqualification of the 2 judge of said domestic relations court, any matter within the 3 purview of this act pending in said court may be certified by the 4 clerk to the circuit court of said county and docketed and pro5 ceeded with therein according to law, or if not pending in said 6 court, the same may be brought and proceeded with therein ac7 cording to law. Sec. 8. The mode of procedure in all causes and matters in 2 said court shall be the same as prescribed in the several acts 3 hereinbefore mentioned and in any amendments or re-enactments 4 thereof and otherwise as prescribed for the circuit courts of this 5 state in similar cases; and the judge of said court shall have 6 power to make rules and prescribe forms for the transaction of 7 the business of said court, provided the same be in conformity 8 with the laws of this state. Sec. 9. The clerk of the circuit court of said county shall be 2 ex-officio clerk of said domestic relations court and shall per3 form the same duties and exercise the same powers arising with4 in the jurisdiction of the said domestic relations court as are 5 prescribed by the several acts hereinbefore mentioned and in 6 amendments and re-enactments thereof and as are performed 7 by him as clerk of the said circuit court for which services the 8 county court of said county shall pay him not exceeding the 9 sum of one thousand seven hundred and fifty dollars annually 10 out of the county treasury of said county. All processes, rules 11 and orders of said domestic relations court shall be signed by the 12 clerk thereof and directed to the sheriffs or other proper officers 13 of the respective counties wherein the same shall be excuted in· 14 like manner and with the same effect as processes, rules and 15 orders issuing from the circuit court of said county. Sec. 10. The sheriff of said county and the sheriffs of the 2 several counties of this state, as well as any constable or police 3 officer thereto required, shall, by themselves or their deputies, 4 execute all processes and orders of said court, issued by the judge 5 or clerk thereof and directed to them, respectively, in the same 6 manner as is provided by law as to processes and orders issuing 7 from the judge or clerk of said circuit court. The sheriff of 8 said county shall perform the same duties and services for the 9 said domestic relations court as he is by law required to per10 form for the circuit court of said county; and in the execution 11 of processes, rules and orders of said court, the officer executing 12 the same shall have the same powers and rights, and be subject 13 to the same liability as though the same issued from the circuit 14 court of said county. Sec. 11. That for the proper and efficient administration and 2 enforcement of the matters within its jurisdiction, the judge of 3 the said domestic relations court shall name one probation officer, 4 who shall be appointed and qualified and who shall receive the 5 salary and expenses, who shall be charged with the same duties 6 and who shall have the same power and authorities as provided 7 by section six of chapter three, acts of the legislature of West 8 Virginia, of one thousand nine hundred and nineteen and of all 9 amendments and re-enactments thereof. Sec. 12. It shall be the duty of the county court of said coun2 ty to provide all record and other books and stationery that may 3 be necessary, and likewise a seal for said domestic relations 4 court; but full faith and credit shall be given to the record of 5 said court and certificates of its judge or clerk, whether the seal 6 of the court be affixed thereto or not, in like manner and with the 7 same effect as if the same were records of the circuit court 8 similarily authenticated. And the said county court shall 9 furnish and provide sufficient room and furniture for the proper 10 conduct and holding of said court. Sec. 13. Appeals may be allowed and writs of error and 2 supersedeas awarded to the judgments, rulings and orders of the 3 said domestic relations court or the judge thereof, by the circuit 4 court of said county or the judge thereof, or the judge of any 5 other circuit court in this state, in cases involving the freedom of 6 the person or the constitutionality of the law, and in case of the 7 refusal of the circuit court of said county or the judge thereof, 8 application for such writ of error and supersedeas or appeal may 9 be made direct to the supreme court of appeals of the state or 10 any judge thereof; provided, however, that in all cases such ap11 plication shall be made within sixty days next following date of 12 the entry of final order of judgment. 13 All acts or parts of acts in conflict herewith are hereby re14 pealed. CHAPTER 135 (House Bill No. 93—Mr. Hatfield) AN ACT to fix the salary of the prosecuting attorney of McDowell county. [Passed April 13, 1923. In effect ninety days from passage. Approved by the SEC. Salary prosecuting attorney; how Be it enacted by the Legislature of West Virginia: Section 1. That the salary of the office of prosecuting at2 torney of McDowell county be and the same is hereby fixed 3 at the sum of four thousand eight hundred dollars per year, 4 which salary shall be allowed and paid monthly out of the 5 treasury of McDowell county, by the county court of said 6 county, in the same manner that the salaries of other county 7 officers are paid. This act shall take effect on the first day of 8 January, one thousand nine hundred and twenty-five. 9 All acts or parts of acts inconsistent herewith are hereby 10 repealed. CHAPTER 136 (House Bill No. 197-Mr. Coffield) AN ACT to fix the salary of the prosecuting attorney of Wetzel county; and also providing for the appointment of an assistant prosecuting attorney of said county and the employment of a stenographer for the said prosecuting attorney and fixing the compensation for each. |