Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1865-05-11
The Municipal Court Of wheeling

6en enacted 6y'the Legislature Of West Vir.
giRiG:
i. There shall be established court o,
record of limited jurisdiction within the
city OF wheeling to be called "The Munic,
ipal Court of Wheeling"
Ia. On the fourth Thursday of Nav, in
the year eighteen hundred and sixty-fiye
and in every fourth year thereafter, there
shall be elected by the voters of the city a
judge of the said court, to hold his office
until his successor is elected and qualified,
3. IT, for any cause, the Office be vacant
during the term, such vacancy shall be
filled for the unexpired portion of the term
by special election, to be held as soon as
practicable at such time as the council oi
the city may order.
4. The regular and special elections for
the said judge, except as to the time Of
holding the same, shall be subject to the
same regulations as the elections for NAV.
or and members of the council of the city.
8. During his service in office he shall
receive from the treasury of the city SAL
ary, to be prescribed by ordinance of the
councils but after the salary has been so
prescribed, no ordinance increasing or di.
minishing the same shall take effect until
an election to the Office has interveued.
| s. He may be removed from office by the
council of the city, twO-thirds of the mem
bers of each branch concurring IN such re.
movai; but before any order or resolution
for his removal is passed, he must have
reasonable notice of Ihe cause alleged
therefor, and an opportunity to be heard in
person or by counsel as he may elect.
Z. Where any fine, penalty or punish
ment may lawfully be imposed for VIOLA
tiou of an ordinance of the city, the mu-
nicipal courtshAll have exclusive original
i SURR ~ mi = j 4
in such case shall be by summons on behalf
of the city as plaintiff, and shall conform 70
the regulations 80 fer as they are applicable
respecting civil suits and proceedings be-
fore justices. But the judge, for good
cause shown, may, by endorsement on any
such summons, order the defendant or de-
feudsnts to be arrested and brought forth
with before him to be dealt with according
to law. ....s r. .., -
8. The said court shall also, within the
city, have the same jurisdiction and powers
as justice, within his County, in relation
to the apprehension, examination, commit
ment, or admitting to bail, of any person
charged with criminal offence, whether
committed in said city or elsewhere; shd in
the exercise of such jurisdiction and pow
ers shall be subject to the same regula-
tions. .-r,.Tr.1.,
Q. For the exercise of the jurisdiction
and powers conferred by the last two sec.
tions, Hereinafter called the police jurisdle
tioH ofthe said equity, the court shall be
held at such times, and at such places In
the city, as to the said judge may seem
convenient and proper.
10. When the said judge is, from sick
ness or other. cause, incapable of acting, OF
is absent from the city, or the Office is We.
cant, the Mayor of the city, or some person
appointed for the purpose by the council,
shall exercise the police Jurisdiction of the
said court
IL. The said court shall also have, with
in the city, the same Jurisdiction and poWu
ers in civil suits and proceedings at law,
(but not In chancery), where the amount
In controversy exceeds one hundred dol.
lars, exclusive of interest and costs, or the
possession or title of real or personal es
tate is concerned as the circuit court oi
Ohio county now has or may hereafter be
vested with, but. in the following cases
only:
l. Where the defendant or one of the de.
fendsBts resides in the city;
II. Where the cause of action arose
within the city; rs -
III. Where the property, real or perso
nal, the title or possession of which is In
controversy, or some part of such property
is in the city;
". Where the defendant, or one of tht
defendants, being non. n.resident of the
state, is found in the city, or has estate OIL
effects therein; and any demand against a
resident of the city, or a corporation OF
firm doing business! therein, or any stocl
or share in theIoRpitol Of such corporation
3 or firm, shall be deemed effects in the city
within the meaning of this clause.
IL. The said court shall also have iuris
, dictiOn, without reference t0.the amount il
controversy, of civil suits and proceeding q
at law instituted to recover any taxes, deb
or demand alleged. to be duetthe said city
orIto recover damages for breach of thC
condition of any bond made payable to tht
city, or to recover compensation for dana
ges alleged to be done by the defendant tC
any property, real or personal, belonging
to the city. 2 49, 7''' 80
ID. For The exercise of the jurisdiction
> and powers conferred by the last two sec
tions, Hereinafter called The civiL juyisdio
tioN of the said court), monthly sessions o
the said court shall be held, commencinI
on the third Monday of every month ant
containing untilrt the aconrt is adjourGed b,
the judge thereof to the succeeding term
But if sny such term be not commenced Of
the day hereby appointed, or the Tuesda,
t or Wednesday next after the same all suit
: and proceedings then pending therein shal
stand continued, without any special orde
to that effect, to the sncceeding term.
, IL! The said monthly sessions shall b.
held at suchiplaceT within the city as th
council may from time to time provide 70
the purpose. The council shall also pro
;y1d IL =, IfFf 20 In hhh o;Rvy Eov az - - ~