The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-12-05
Some OF the Laws Passed by the
Legislature.

From the Charleston COURIER
IAN act changing the time for hold
ing the County Courts in the counties
OF Jefferson, Roane, Greenbrier, Brax-
ton and Webster. The bill originated
in the Senate, and provides for holding
the County Courts in the aforesaid
counties as follows:
In Jefferson, on the 3rd Monday OF
January, March, May, July, September
and November.
In Roaue, on the Sd Monday Of Jan.
usry, July, August, October and No
vember, and OF the I'd Monday in May.
In Greenbrier on the lst day OF jan
usry, the 1st day of March, the 25th
day Of April, the 1st day OF July, the
lst day Of September and the 25th day
OF November.
In Braxton on the lst Tuesday in
January, March, May, July, Septem-
Der and November.
In Webster, on the let Tuesday in
February, April. June, August, Octo-
Der and December.
"All acts and parts OF acts inconsist-
ent with this act are hereby repealed.
Another law is, IAN act to confer
additional jurisdiction upon the Circuit
Courts" The bill originated in the
Senate, and provides that "the Circuit
Courts shall have concurrent jurisdic-
with the County Courts in all matters
OF probate Of willie, the appointment
and qualification OF personal represen-
tatives, guardians, committees and cu-
rators, and the settlement OF their ac-
counts" Appended 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 approval.
The next is "An act amending and
re.enscting chapter seventy-iive OF the
Code, concerning liens for purchase
money and liens of mechanics, labor
ers and others" and originated in the
House OF Delegates. Amorg it's pro-
visions is that any person conveying
real estate, cannot have lein for any
unpaid purchase money unless such
n ia expressly reserved on the face OF
The conveyance" 1t also provides that
auy mechanic or laborer employed, or
other person furnishing materials, shall
have lien not only on the house, but
on the laud whereon it stands and his
lien shall have priority over all others
created subsequent TO the creation OF the
mechanics lien. But there shall be no
priority OF liens as between those claim
log under this act. The material must
be furnished directly to the owner OF
the land before the land eau be 80 sub
iected, or he must "have notice previous
to having paid the contractor for build
ing such house, from the said party
furnishing the said material that he
claims lien for the same Thirty
days is the limit within which any per-
son availing himself of such lien shall
file with the Clerk oil the County Court
in the county where the house or other
building is situated just and true &C.
count OF the amount due him, sufficient
ly identifying the property furnished,
etc. 1t then prescribes the duty OF the
Clerks with regard TO such lien. 1t
further provides that the owner shall
pay every claim of those furnishing ls-
Dor or material 10 the contractors when
there is in his hands any money due
said contractor. When the contract is
incomplete by default ofthe owner, the
contractor may recover against him Tor
amount OF work done IN proportion TO
the price stipulated for the whole.
Unless suit is commenced within SIX
months after the party has filed his &C.
count 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 re-
sorted to to enforce such lien. A sim
liar certificate OF the Secretary OF State
as above is appended TO the act.
The next is IAN act amending chap
ter G5 OF an act passed March 2S:h,
1873, concerning commissioners in
chancery, prescribing the number Of
each court and tribunal, for the sp-
pointment OF commissioners by judge
Of the Circuit Court in vacation and de-
fuing the cases in which commission
ers NAV act, what they shall DO, and
the oath they shall take and proyid-
ing for the execution OF orders hereto
fore directed" The bill originated in
the Senate and provides for the ap-
pointment BY the Circuit Court aud ev-
ery court Of limited jurisdiction estab-
lished for any incorporated town or
city OF commissioners to execute It's Or
dera, DEGREES, and for settling accounts
OF fiduciaries with power to take depo-
sitious and examine witnesses. Every
commissioner shall take an oath Of
Office, and not more than four can be
appointed by any such Court.
"a; law iu any case where it NAV be
deemed necessary the Court may di'
rect any such commissioner or other
competent person either before or st
the time Of trial to audit and strike bal
ances, which commissioners or other
persons shall be allowed for such ser-
vices the came fees that would be allow
ed commissioner for similar services
10 be taxed in the costs"
"a cause may be heard upon COM
missioner 8 report, if in equity, only az
ter it shall have been returned twenty
days aud if the report be under an or
der rscommittiDg former report the
cause may be heard without waiting
the said twenty days" The Secretary
Of State hsa appended his certificate as
in foregoing FiIls to this one.