West Virginia Code § 58-4-7

Order showing action of circuit court on petition; second petition;
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application to Supreme Court of Appeals or judge thereof.
The circuit court or the judge thereof, upon consideration of the petition, shall enter an
order granting or refusing it. If the circuit court or judge deems the judgment, decree or
order of such court of limited jurisdiction to be plainly right, and rejects it on that ground,
and the order or rejection so states, no further petition shall afterwards be peresented to the
circuit court or judge for the same purpose; but in any case where the circuit court or judge
rejects the petition, the petition and order of rejection, together with thre record of the cause,
may, within four months from the date of the order of rejection, be presented to the
Supreme Court of Appeals, or any judge thereof in vacation, for an appeal from, or writ of
error or supersedeas to, such order of rejection, and, if allowed, the same proceedings may
be had thereon as if the same were a petition originally fromt the circuit court of such county
to the Supreme Court of Appeals: Provided, That the judge of the circuit court which
rejected the petition may, prior to the expiration of such period of four months by order
entered of record extend and reextend such period for such additional period or periods, not
to exceed a total extension of one month, as in his opinion may be necessary for preparation
of the transcript of the proceeding in the circuit court, if the request for such transcript was
made by the party seeking judicial review in the Supreme Court of Appeals within thirty days
after the entry of such order of rejection. Such judge may also extend and reextend such
period for such additional period or periods of time not to exceed a total extension of four
months, upon petition made prior to the expiration of the initial four month period for good
cause shown and if the requeset for such transcript was made by the party seeking judicial
review in the Supreme Court of Appeals within thirty days after the entry of such order of
rejection. After the petitLion has been rejected by the circuit court or judge, the clerk of the
circuit court shall, as soon as may be, upon request of the petitioner, transmit to the clerk of
the Supreme Court o f Appeals, or such judge of said court as the petitioner shall designate,
if said court bVe not then in session, by United States registered mail or valued express, the
petition, the record of the cause as presented to the circuit court or judge, and the order of
rejection. Before such petition, record and order are transmitted as aforesaid, the petitioner
shall deposit with the clerk of the circuit court a sufficient sum of money to defray the costs
of transmission and return of the record, and the making of a transcript of the record, or file
with the clerk a bond conditioned to pay the same, in a penalty and with sureties to be fixed
and approved by such clerk, who shall endorse on the petition that such deposit has been
made or such bond filed. If the appeal or writ of error prayed for be granted, the clerk of the
Supreme Court of Appeals shall, immediately after the issuance of the appellate process,
return the record to the clerk of the circuit court, by mail or express, as aforesaid; and such
circuit clerk shall forthwith make a transcript, as provided in section seven of article five of
this chapter, of so much of the record as is required for the purposes of the appeal or writ of
error and transmit the same to the clerk of the Supreme Court of Appeals. Insofar as
provision therefor is not made by existing law, the compensation of the clerk of the circuit
court for services rendered hereunder shall be fixed by the judge of the circuit court. If the
prayer of the petition be not granted by the Supreme Court of Appeals or judge thereof, the
petition and record shall be returned as aforesaid, and the clerk of the circuit court shall
repay to the petitioner, or his attorney, the money deposited with him if any, less his fees
and expenses, and the petition and record shall be returned to the office of the clerk of the
court of limited jurisdiction. The rejection of such petition by a judge of the Supreme Court
of Appeals in vacation shall not prevent the presentation of such petition to such court when
in session.

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