Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1872-05-07


the appointment and qualification of personal
representatives,, guardians, committees and
curators, and the settlement of their accounts,
and in all matters relating to apprentices, and
of all criminal cases under the grade of felony,
except as hereiubefore provided. But the
jurisdiction of the County Court shall be sub
Ject to such plantations may be prescribed
by law. They shall have the custody, through
their clerks, of all wills, deeds and other pa
pers presented for probate or record in said
county, which shall be disposed of OF pre-
served as required by law
80. 1t shall also have the superintendent
and administration of the internal police aud
fiscal affairs of the county, including the es-
tablishment and regulation of roads, ways,
bridges, public landings, ferries and mills with
authority to lay and disburse tho county lew
les: Provided, That no license shall be
granted in any city, town or village, without
the consent of the authorities of the same first
had and obtained. 1t shall, in all contested
cases, judge of the election, qualification and
returns of its own members, and of all county
and district officers sand it shall exercise such
other jurisdiction, and perform such other
duties, as may be, prescribed by law. Moth
ing in this article shall impair or affect the
charter of any municipal corporation
70. The county court shall have jurisdic-
ton of all appeals from the Judgment of the
justices, and their decision, upon such APP
peal, shall be final in all cases, except such as
involve the title, right of possession, or bound
aries of lands, the freedom of person, tho
validity Of law, or an ordinance of any corr
poration, or the right of corporation to levy
tolls or taxes. No judge or justice shall sit
in on appellate court, in review of decision
made by him.
30. The voters of each county shall elect
clerk OF the county court, whose term of office
shall be six years, and whose duties, compen-
sation and mode Of removal shall be prescrb.
cd by law
81. Provision may be made under such
regulations as may be prescribed by law for
the probate of wills, aud for the appointment
and qualification Of personal representatives,
guardians, committees and curators, during
the recess Of the regular sessions of the county
court
~. a vacancy in the Office of the president
of the court shall be filled until the next reg
ular election by the Justices, all of whom shall
be summoned for that purpose. Vacancies in
the office ofjustice of the peace may be filed,
until the next regular election, by the county
court
33. The civil Jurisdiction of Justice of
the peace shall extend to actions of assumpsit.
debt, detinue and trovcr, If the amount claimed.
exclusive of interest, does not exceed ore
hundred dollars; but where the amount claimed
shall exceed twenty dollars, on the appli-
cation of the defendant, either in person or
by counsel, made ut any time before trial. It
shall be the duty of the Justice of the Peace
to transmit the papers in the case to the Clerk
OF the County Court: to be therein tried The
Jurisdiction of Justices of the Peace shall ex-
tend throughout their county; they shall be
conservators of the peace, and have such iu-
risd o5ion and powers in criminal cases as may
beprcscrbed by Law. And Justices ofthe Peace
shall have authority to take the acknowledge
ment of deeds and other writings, administer
oattis and take and certify depostions Aud the
Legislature may give to Justices such addi>
tional civil jurisdiction and powers within
their respective counties as may be deemed
expedient, under such regulations and re-
strictions as may be prescribed by general law;
except thatin suits to recover money or dama-
ges their jurisdiction and powers shall in no
case exceed one hundred dollars
81. The Legislature shall, upon the appl-
cation of any county, reform, modify or alter
the county court established by this Constitu
tion, in such county, and in lien thereof, with
the assent of a majority of the voters of said
county, voting at any election held for that
bunals, as we'll for judicial as for police and
fiscal purposes, either separate or combined,
which shall conform to the wishes of the
county making the application, but with the
same powers and jurisdiction herein conferred
upon the county court, and with compensation
to he made from the county treasury. If two
or more adjoining counties shall prefer to unite
in the election of judge to hold a County
Court, iu their respective Counties they shall.
with the assent of majority of the voters of
each of said counties, be authorized, for all
the purposes of judicial organization, to do SO
in the manner and upon the terms above set
forth: ProbfHet7, That the courts SO created
shall, in their provisions, be made to conform
to the policy of the State, as prescribed in
this Constitution.
35- No citizen of this State who aided or
participated in the late war between the Gov
ernment of the United States and part of
the people thereof on either side, shall be
liable in any proceeding, civil or criminal
nor shall his property be seized or sold under
final process, issued upon judgments or DEGREES
heretofore rendered, or otherwise because of
any act done according to the usages of civil
lzed warfare, III the prosecution of said war
by either of the parties thereto.
The Legislature shall provide by general
law for giving full force and effect to this Sec
ton, by due process of law.
SO. Such parts of the common law, and of
the laws of this State as are in force when this
Constitution goes into operation, and are not
repugnant thereto shall be, and continue the
law of the State until altered or repealed by
the Legislature All civil and criminal suits
and proceedings pending in the former Circuit
Courts of this State shall remain and be pro-
ceeded in before the Circuit Court of the
proper county.
ARTICLE TX.
COUNTY ORGANIZATION.
1. The voters of each county shall elect a