Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-02-07
CONSTITUTIONAL CoNvENTI0E
Forty-sixth Day.
THuRsDAx, Peb. 8, 1876:

Prayer by Rev. Mr.. CuToHEs, member
from Nicholas county.
Mr.. PoMERoY moved that hereafter the
hour Of meeting in1the afternoon be three
Agreed to.
The consideration Of the additional Sec
ton offered by Mr.. VAN WINKLR, was re-
snmed on the amendment of Mr.. SOPer
For information we will repeat both
Mr.. VAS wISkLp's proposition was as
follows;
Either party to civil suit'brought be-
fore a Justice Of the Peace, when the value
in controversy, or the damages claimed,
exceeds $40, and the defeni liant in such
cases of misdemeanor or breach of the
peace, as may By law be made cogniz- /;
able by single Justice where the pen
atty is imprisonment OF fine exceeding
So shall entitled, If demanded, to trial
by six lurora, under such regulations as
may be prescribed by lawn
Mr.. SoPRR's amendment was to alter so
as to make it read thus
EITHER party to a civil or criminal suit,
brought before a Justice. of the Peace,
shall be entitled to tria! by six Jurors,
under such regulations as may be pre-
scribed by law"
Mr.. DER1Es spoke 10 opposition to the
proposed sectiOn.-He had nearly always
voted here with the friends of reform, but
in this case he must ask to take leave of
those who supported this new project.
Mr.. PoMERoY replied, and was followed
in turn by!Mr. Parker He was in favor of,
this system. He had Witnessedtits beneficial
effects in Vermont, and in that, and other
States where it was in operation, such as
Kentucky aud Ohio, he had never heard a
word OF objection to it. The lawyers OPP
posed it because 1t would break up their.
business, but what was the lawyers loss
was the community's gain.
Mr.. LAuOK asked for information in re-
gard to the matter Of assault and battery,
and Mr.. Parker, Mr. Van Wrinkle and Mr..
SoPer explained at length the workings of
the system in that aud other respects.
The yeas and nays were taken on the
amendment, and it was rejected by yeas 10,
nays 20.
The question REQUIRED on the section of
Alr. Van Wrinkle, and il was adopted by a
vote of 81 naYs.to Is nays.
Ar. LAMB moved to amend the It'll sec
ton, in relation TO the jurisdiction of Jus
tices, making it subject to an appeal In adj
dition to the cases already provided for:
s'Whcre tho validity of a law, or the right
OF. a county, township, or any municipal or
other corporation, to levy tolls and taxes
rs deHWn ftf7Vfue sCi0EIs 'S-.-7--,-------..
Mr.. BRowN of Kanawha, moved az an
amendment to add at the end of the 9Th
section the following;
"But in all cases an appeal, writ of err
ror, supercedeas, or cerliorari, shall be
from the Judgment or proceedings of the
board of Supervisors, Justice OF the Peace,
OpNa
court, to the Circuit Court of the county Ia
which the case may be, excepting, hoIey.
er, Judgments of Justices of the Peace g.,
assumpsit, debt, detinue and trOVeF, and
for hne wherethe amount does not exceed
ten dollars, unless in cases involving free.
dom or the conStitutionRlity of = law, or
the right of county4Or corporation or tho
supervisors thereof, 20 levy tolls or taxes"
Mr.. LA1tH suggested the striking out t.or
the supervisors thereof at the close of the
proposed amendment, and change ''consti-
tutionality" to ''vaIidity''-which sugVes.
tons were adopted by Mr.. Brown.
Mr., EATB then withdrew his amend.
,ment to the 18th section.
Mr.. VAN WINHLE moved to strike ont
4the board of Superyisors''Wh where 1t first
ocenEs-in the proposed amendment of
Inc motion was agreed to.
NJ. STUART moved to strike ont sand
for fines"
Rejected.
adopted. ~
Is Mr, CALDwELLs additional section was
taken up and adopted as follows:
Ehe recorder, IN addition to the duties
Incident to the recording of deeds and
other writings the recording ofinventories
and other papers relating to estates the
reglstring Of births, deaths and marriages.
and the issuing of marriages, shall have
authority, under such regulations as may
De prescribed by law to receive proof Of
WINS and admit them to probate, appoint
and qualify persOnal representatives, guar
dams, committees and curatoEs, also to
administer oaths, take acknovI led1mSSt of
qeeds and other writings aud reltnquish-
ment of dover. 80
The Report on County Organization iay-
ing been finished, was laid on the table and
ordered to be printed. 4l3
Mr, BattelIe moved to take up the SEE
ton. : ii''44s'.s
Agreed to.
Mr, HARRIsoH offered The following az 4 4
substitute for the whole report: ss
he Legislature shall confer ON the
Holre ~ Court 9 jurisdiction, upon petition.
OF bill IN equity, to. sell and convey any.
waste, unappropTiated or other, land that
may belong 70 this State.n
But subsequently, withdrew Ii.
Recess.
AFTERNOON Session.
M. SINH oGeted substitute for the
entire report which vvSs IoiiJ - 49,
Was passed by.
The report on County Organization was