South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1873-04-25
Acts of the Legislature OF West
Virginia al q. ElerenM Annnal Session. ls12.a.
MAGISTRATES AND CoNsTABLEs

MAGISTRATES AND CONSTABLES
An Act in relation to the jurisdiction, powers
aud duties Of Justices of the Peace and Con-
stables. - Approved January 20, 1873.
Be 1t enacted by the Legislature of West yir-
gnia
L. The jurisdiction of Justices and the
powers AMI duties of Constabes shall ex-
tend through their Counties.
,. The civil Jurisdiction of Justices of
the Pace shall extent to actions of nssumt-
ait, debt, detinue AMI trov,r, if rho amount
claimed, exclusive of interest, does not ex.
coed one hundred d liars, even it the claim
be f'r or against the town or County in
which such Justice resides But ia every
case where the sum in controversy exceeAs
the amount or value ct twenty liars, the
Justice of the Peace shall, upon the sp.
pic alton of the defan liant, either in person
or by counsel, IN ide at any time befur.
tris', transmit the papers in tho eae to
the clerk of tho county court ~ b. therein
tried and the clerk of the said court shall
! docket the same, and il shall be pruccedel
Ia as If it were motion in said court no
der the sixth sec'ion of chapter Iii Of the
Code nf 1858
3. When balance i. founl in favor Of
= partG upon hearing before a Justice.
Exceeding the sum for which = Justice is
authorized to give judgment, such party
may release tho excess, aud take judgmeu,
3 for the residue.
fla Ju4tice be party to the suit, or
: be Interested in the result thereof other
wise than n resident or taxpayer of the
county, or b. related To either Of the par
ties a. father, f,tEor in law, son, son in.
law, brother, brother -in-lIw, nephew, uncle,
or fiat COD, in, guardian or warl, or BE-
mreri' witness frr either party, he shall
not take cngniz .nce thereof, uness all the
parties u the suit consent thera.o in wri-
ting.
D. II the Jr,'ice have iuri.dic,ion IF the
action, any lawful process, order or notice
therein, unless otherwise spocia " provided,
may be directed ~ any constable of the
cIun'y, or 70 any per'on specially deputed
by the justice to serve or execute the same.
and the Off 'er or person 10 whom i, j. di-
rected may serve or execute the Same any
where within 'ba county, or upon any rig-
er or crack ali lining thereto. It may be
directed 10 the constable by namo, or by
hiH official designa'inH, without naming bin.
For the trial If civil cases before
justice" no jury shall he allowed.
I. justices of he Peace shall collec' no
moneys. aud shall bo Liable lor uore az
such officers
Appeals shall lie from tho judgments
Of justices to the county cour', 10 such ac-
ton, upon tho same term., within the same
tiue - they now lie to the Circuit court
AMI subject to tho same regulations. and
be- proceeded in aud tried as they now are
IN tho said circuit court.
Al scts OF parts Of acts Inconsistent
with this act are hereby repealed.
10 This act shall take effect f,om and
after the 3lst of December, 1872.
Jus.IcEs CP THE PEACE
\ Justice Of the peace shall have specific
fees in each case as follows:
For issuing summons or warrant. pro.
videi there is ~ trial, twenty-five cents.
Where there is trial aud no appearance.
ffy cents.
Where there is trial snd defense is
mode. seventy five cents
Where there is an appeal from HE judy.
menf, one dollar
Provided, 10 fees shall be charged for
issuing a subpwna f,r a witness, and where
case i' removed 20 the county court with
out trial, fee OF fifty cents only shalI
be charged
For bis services in all eases Of misdc.
meanor, one dollar.
For taking and certifying The ackrowl-
edement II any deed or wiring, or taxing
aud certifying tho priyy examination aud
acknowledgement Of a married woman, hlty
cents.
For taking deposition of Witnesses, il
eouc IN au hour or less, scvont, five cents
II nor done in an hour, for aus addition
al time, at the rate per honr 90 - cents.
I-r cstlIigIps pf1ul VI ac.nnnL dim