Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1872-11-09
THE COUNTY COURT.

qutSleu uS w CIV ehShA GA N>PiN
of the proposed workings of the County
Court system, rs prescribed by the New
Constitution, as many of them are in
the dark upon the subject -
COUNTY COURTS.
Article, 8. Sec. %, There shall be In
each county of the State,a county court,
which shall be composed OF a freSluen .
and two Justices of the Peace, except
uS,en Inv this Constitution the presence
e q greater numbers required. IL shaii
hold ak sessions during the year. at
,;uas 70 no prescribed by law; two OF
which shall be limited to matters con
nectei with the police and fiscal a1alrS
of the county; the other four snail pe
baId for the trial of causes, aud for the
transaction of all other business within
the Jurisdiction of the court, except an
assessment or levy upon the property of
the county. In all cases where levy
of the county Is lain, majority OF all
Justices elected in the county shall be
necessary to constitute a quorum Tor
the transaction of that business.
"a The President of the Court shall
be elected by the voters Of the county,
and shall hold his Office for the term OF
four wears 1t shall be his duty to at
tend each term of the said Court, and
he shall receive for such service four
dollars for every day he presides in
court, to be paid from the county treas
urv. He shall also perform such other
duties. and receive such compensation
therefor, as may be prescribed by law,
except that he shall not be authorized
causes out of court. When from any
cause he is unable to attend as Presl-
dent of the Court, any Justice may be
added to make the court, who, in con-
junction with the other two, may deslg-
nate one of their own number to preside
in his absence.
%. Each county shall be laid of into
districts, not less in number than three,
nor more than ten, as nearly equal as
NAV be in territory and population. In
each district there shall be elected by
the voters thereof, one, and not more
than two Justices of the Peace, who
shall reside in their respective districts,
and hold their office for the term OF
four years. The present subdivisions
of the counties by townships shall con
stitute such districts until changed by q
court constituted of 4 majority OF the
Justices of the county.
26. The Justices of the Peace shall
be classified by law, for the performance
of their duties in court; they shall receive
compensation of three dollars per day,
for their service in court, to be paid out
of the county treasury, and they may
receive fees for other official duties, to
be prescribed by law, and paid by the
parties tor whom the service is rendered.
81. The county courts shall have
original jurisdiction in all actions at law,
where the amount in controversy eX-
ceeds twenty dollars; and in all cases OF
nabsas rpus quo Warranfo, mGn"amus
Dr0hibiuon, aud certiornri, and in all
suits in equity 1t shall have jurisdic-
ton in all matters of probate, the ap-
pointment and qualifications of personal
representatives. guardians, committees
aud 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
hereinbetore provided, But the juris-
diction of the county court shall be sub
iect To such limitations as may be pre-
scribed by law They shall have the
custody, through their clerks, of all
wills, deeds and other papers presented
for probate or record in said county,
which shall be disposed of or preserved
as required by law.
2S. 1t shall also have the supcrlnten-
dence and administration of the internal
notice and fiscal affairs of the county,
including the establishment and regula
ton of roads, ways, bridges, public Ian,
dinrs. ferries and mills, with authority
TO Law and disburse the county levies
Proyidtd, That no license shall be gran
ted 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 cleo
ton. qualification and returns OF ITS own
members, AMI of all comfy and district
officers and it shall exercise such other
jurisdiction. and perform such other du
ties, as may be prescribed by law. Moth,
inc in this article shall impair or In at
feet the character Of any municipal cor
poration.
%. The county court shall have jul
risdiction of all appeals from the judg-
ment of the Justices, and their decision,
upon such appeal, shall be final in oil
cases, except such as involve the title,
right of possession, or boundaries OF
lands, the freedom of person the valid
ity of law, or an ordinance of any cor
poration, or the right of corporation, to
levy tolls or taxes. No Judge or Justice
shall sit in an appellate court, in review
of a decision made by him.
80. The voters of each county shall
elect clerk Of the county court, whose
term of Office shall be six years, and
whose duties, compensation and mode
of removal shall be prescribed by law.
81. Provision may be made under
such regulations as may be prescribed
by law for the probate OF wills, and 70,
the appointment and qualification OF
personal representatives, guardians, com
mittees and curators, during the recess:
of theregular sessions of thecounty court
49, A vacancy in the Office OF the
president of the court shall be filled un
-, ~ 1900. ,o,r,la, election nv the 1uS