Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1873-01-07
The County Court.

before them the following act, approved De,
mberl2l, 1872, and which is now alaw:
AN ACT providing for county Courts and
defining their Jurisdiction.
Be It enacted Iy hey Ee9islature of5West
Virginia.:
l. For every county there shall be court
called the county court of such county. 1t
shall be held by the president of the county
| court, and two justices of the peace, except
where it is otherwise expressly provided
Aud in the Absence of the president. any
! justice may be added to make the court, who
with the other two may designate one of their
own number to preside provided that no jus.
| tice shall sit in review of a decision made by
him. 5'-'.+F-
2. There shall be held in each county six
sessions of the county court every year, two
of which shall be for the examination of mat
tiers connected with the police and fiscal af-
fairs of the county; the other four shall be
held for the trial of causes, and for the trans
action of all other business within athe een>
eral jurisdiction of the court. except an as
sesmens OF levy upon the property of the
county.
In ali cases where levy is laid, majority
of all the justices elected in the county shall
HSSS"SAtJ
| transaction of that business.
3. The county court shall have ori>
ginal jurisdiction in, oil actions at law,
where the amount in controversy exceeds
| twenty dollars, and also in all cases of habeas
corpus, quo waranto. ,mandamus, prohibition,
certlorari, and in all suits in equity, in all
matters of probate, the appointment and
| qualification OF personal representatives guar
dams, committees and cnratQrs, and the set
Element of their accounts and in all matters
relating to apprentices, and of all criminal
cases under the grade of felony. The said
| court shall also have jurisdiction to hear and
determine all matters and other motions
co"nizabe therein by statue.
4 They shall have the superintendeuce
and administration of the internal police and
fiscal affairs of the county, including the es>
tabI'shment and regulation of roads, WAYS,
bridges, public landings. ferries. mills. with
authority t" lay aud disburse the county levies;
and it snail perform such other duties, and
exercise such other Jurisdiction as may be
! prescribed by law.
| 5. All matters that shall he pending and
undetermined before boards nf supervisors.
on the first day of January, 1873, shall he
proceeded in and determined in the county
court, as if they had originated therein. And
all orders entered by the board of supervisors
and unexecuted. shall be executed by means
of process issued from the clerks Office of the
said court
6. They shall have jurisdictinn of all an
peals from the Judgment of the Justices. and
their decision upon such appeal shall be final
| IN all cases, except such as involve the title.
right OF possession or boundary of lands, the
freedom of person, the validity of law, or
an ordinance of any corporation, or the right
of any corporation to levy tolls or taxes.
Z. The proceedings of the county court
shall conform, as nearly as may be, to the
practice of the circnit courts in like cases.
except where it is otherwise provided bv law.
.. At the first session IF the county court
now elected. and AZ the first session OF every
such court, alter a general election, or as soon
as NAV be, all justices heing summoned and
majority being present, the cour: shall
classify the justices for the performance Of
| their duties in court, aud when vacancy
shall! occur in any district. tie justice elected
| or appointed to fill the vacancy shall occupy
| the place, in said classification, of the ius,
tces who preceded him. and when any one.
or both the justices classified to have a session
of the court shall fail to attend. the president
ut the court shall call to his assistance anv
! other Justice or justices who may be present
The 9th section fixes the terms Of the
court in the different counties. that of Berke-
ley, Jefferson and Morgan being as follows I
for the county of Berkeley, on the sec
ond Monday in February, april June August.
October and December of each year. =
FOR the county of Jefferson. on the third
Monday IN February, April, June, August,
October and December of each yoar
| For the county Of Morgan. on the first
Monday 10 February, April, June. August,
| October aud December of each year.
10. The court shall decide, at the first scs
| sion that is held, to which all the justices
shall have been summoned, what two terms
shall DC held for the consideration of the
police and fiscal concerns of the county.
E4g- In the State Senate, on the Goth Of
December, Mr. GrantLam offered the follow
ing: r..
lacso7re,7. By the Senate, the House cons
CURING the members OF tn. Legislature shall
receive no pay or emo!u,nent of any kind
from and after the ,21st instant, to and in>
cluding the 9th of January, 1873.
Mr.. Blakemore moved to lay the resolution
upon the table. ,.
Mr.. Grantham demanded call of the roll.
which resulted as follows:
! The ayes were:
Senators, Blakemore, Caldwell, Cunning
ham, Hall, of Barbour, Jacob, Mcdonald
McCIaskey, Scott Sherrard, Vawtcr, Walker
! and WilkinSon-l2.
| The noes were:
Senators, Johnson President, Bennett
Bishop, Camden, Dickinson, Eastman, Gran,
than, Hall of Wetzel, Price, Shelton and
Summers-1i.
80 On the 18th of December the scna>
| tors drew lots To determine tf,o lon..h &c Il