Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1873-12-16
Some of the Laws Passed by the Leg
islature.
(coNTINuED)
!. From the lchafleston courierr.l


An act changing the time for holding the
County Courts In the counties of j fferson,
Roane. GTeeabfier, Braxton aud Webster
The bill originated in the Senate, and pro-
yides for holding the County Co1ItsFin the
aforesaid counties as follows
In Jefferson, on the Sd Monday of jan
uary, March, May, July, September and Mo-
ven,ber
We omit the other counties named
III acts and parts of acts inconsistent
with this act are hereby repealed"
Another law is, AN act to confer addi-
tional Jurisdiction upon the Circuit Courts'
The bill originated in the Senate, and pro-
vides that "the Circuit Courts shall have con-
current jurisdiction with the County Courts
in all matters of probate of Wills, the appoint
ment and qualification of personal represen-
tatives, guardians, committees and curators,
andethe settlement of their accounts" APP
pended TO the act is the certificate Of the
Secretary of State. that the Governor not
having signed it within the time prescribed
by Law, it has become law without his APP
proval, f
Thesnext is, can act amending and re>en-
acting chapter seventy Eve of the Code. con.
corning liens for purchase money and liens of
mechanics, laborers and Others" and origi-
mated in the House of delegates. Among its
provisions is that any person conveying real
estate, cannot have a lien for any unpaid pnr-
chase money "unless such lien is expressly
reserved on the face of the'conveyance." 1t
also provides that any mechanic or laborer
employed, or other person furnishing ma
teTials, shall have lien not only on the house.
but on the land ewhereon it stands and his
lien shall have priority over all others created
subsequent tofthe creation off mechanics
lien But there shall be no priority Of liens
as between those claiming under this act
The material must be furnished directly to
the owner of the land before the land can be
so subjected, or he must "have notice pres
vious to having paid the contractor for build
ing such house, from the said party furnish.
ing he1said material that he claims lien for
the same" Thirty days is the limit within
which any person availing himself Of such lien
shall hle with the Clerk of the County Court
in the county where the house or other build
ing is situated, just and true account the
amount due him. sufficiently identifying the
property furnished, etc It then prescribes
the duty CT tho Clerks with regard to such
lien. It further provides thst the owner shall
pay every claim of those furnishing labor or
material TO the contractor when there is in his
hands any money due said contractor When
the contract is Incomplete by default of the
owner, the contractor may recover against
him for any amount of work done ssin pro-
portion to7the price stipulated for the whole"
Unless suit is commenced within six months
after the marty has filed his account in the
Clerks Office to enforce such lien, the lien
shall be discharged. A bill in chancery in
the Circuit Court or in the County Court may
be resorted to to enforce such lien. 4 similar
certificate of the Secretary of State as above
is appended TO the act
The next is ''An act amending chapter G5
of an act passed March 18th, 1878. concern
ing commissioners in chaDcerv, prescribing
the number of each Court aud tribunal, for
the appointment of Commissioners by Judge
of the Circuit Court in vacation and defning
the cases in which Commissioners may act,
what they shall do. and the oath they shall
take and providing for the execution of or
defs heretofore directed" The bill originated
in the Senate and provides for the anpoin,-
mont by the Circuit Court and every Court of
limited jurisdiction established for any in
corporated town or city of Commissioners to
execute its orders DEGREES and for settling &C.
counts of fduciaries with power to take depo>
sitions and examine witnesses. Every Cons
missioner shall take oath of Office, and not
more than four can be appointed by any such
Court.
cat law in any case where it NAV be
deemed necessary the Court may direct any
such commissioner or other competent person
either before or at the time of trial to audit
and strike balances. which commissioners or
other persons shall he allowed for such SER
vices the same fees that would he allowed a
commissioner for similar services to be taxed
in the costs"
"a cause NAV be heard upon commits
sioners report if in equity, only after it shall
have heen returned twenty days and if the
report be under an order re- committing for
mer report the cause may be heard without
Whiting the said twenty days" The Scores
tary of State has appended his certificate as
in foregoing bills to this one.