The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-01-19


second, third, fourth, eighth. twelfth
thirteenth and sixteenth, and the Judge
20 appointed shall hold their Office unit
the 8lst of December, 1880, unless soone
removed in the manner prescribed by tn
Constitution. .as.-
o13. The Legislature may rearrange tn
circuits herein provided tor,at any ses
sion thereof next preceding any genera
election OF the Judges of the said circuits
and after the year 1883 may, at any ses
sion, increase or diminish the number
thereof. t,s.
IA. The Legislature shall provide By
law for the holding Of Circuit Courts IL
case of the sickness or other disability o.
the Judge thereof.
GENERAL PROVISIONS:
Is. All judges shall be commissioner
by the Governor. The salaries of the
Judges of the Court OF Appeals shall be
three thousand three hundred and thirty
three dollars and thirty.three and one
third cents per annum, and that OF the
Judges of the Circuit Court shall be- two
thousand dollars per annum until other
wise provided for by law, and each shall
receive the same mileage as members OF
the Legislature. Ne Judge, during bis
term of Office, shall practice the profess
sion Of law, or hold any other office, ap.
pointment or public trust under this or
any other government, and his accepts
ance thereof shall vstste his judicial Of
fee; nor shall he during his continuance
therein be eligible to any political office.
l6. Judges may be removed from office
by a concurrent vote of both Houses OF
the Legislature, where from age, disease
or mental or bodily intirmity they are
incapable of dlscharging the duties OF
their offices. But two thirds of all the
members elected 10 each House must
concur in such vote, and the cause OF
removal shall be entered upon the
journal of House. The Judge against
whom the Legislature may be about to
proceed shall recsive notice thereof ac-
companied with the cause alleged for
his removal, at least ten days before the
day on which action is proposed to be
taken thereon. ,...
II. The voters of each county sh all
elect Clerk OF the Circuit Court, whose
term of Office shall be six years; his
duties and compensation, and the man
ner of removing him from Office shall be
prescribed bylaw, and when vacancy
shall occur IN the office the Judge of the
Circuit Court shall fill the same by ap-
pointment for the unexpired term. In
any case in respect to which the Clerk
shall be so situated as to make it lmpro'
per for him to act, the said court stall
appoint clerk to act therein. The
clerks of said courts in Office when the
article takes effect, shall remain therein
for the term for which they were elected,
unless sooner removed in the manner
prescribed by law.
Is. Provision may. be made by law
for the probate of will, and for the sp-
pointment and qualification of personal
representatives, guardians, q committees
and curators, during the recess OF the reg
ular sessions Of the Circuit Court. But
any order made in any such case in va
cation, may, for good cause shown, be set
aside at the next term Of SAID court.
l9. The Legislature may establish
courts of limited jurisdiction within any
incorporated city, town or village, and
may establish courts whose jurisdiction
shall be cor fined to criminal cases only,
in counties having a population OF not
less than tWenty-eight thousand. But
the salaries of the Judges Of any such
courts shall be paid out Of the county
treasury.
20. No citizen of this State who aid
ed or participated in the late war be.
tween the Government of the United
States and part Of the people thereof,
on either side, shall be liable in any pro-
ceeding, civil or criminal, nor shall his
property be served or sold under final
process issued upon judgments or DEGREES
heretofore rendered, or otherwise, be-
cause OF any act done in accordance with
the asages of civilized warfare, in the
prosecution of said war. The Legisls-
ture shall provide by general law for
giving full force and effect to this sec
ton, and no description shall be made in
any such law, or In any other law, for or
against the person so engaged IL said
war on either SIDE.
Il. Such parts of the common law, and
of the laws of this State, rs are in force
when this Constitution goes into opera
ton, and are not repugnani thereto, shall
be and continued, the law OF the State
until altered or repealed by the Legisla-
ture.
COUNTY COURTS.
%. There shall be in each county Of
the State a County Court, composed of
president and tive justices OF tho peace,
except that when the annual county levy
is laid, majority of all the justices OF
the peace shall be necessary TO constitute
a quorum for the transaction OF business.
1t shall hold four sessions in each year,
at such times rs may be fixed upon and
entered OF record ut term thereof,
when majority of all the justices are
present.
%. The president Of the court shall
be elected by the voters OF the county,
and shall hold his office for the term OF
four years. 1t shall be his duty to at
tend each term of said court, and pre-
side thereat, and when from any cause
he fails to attend and act as president,
any Justice may be added to make the
court, who, IN conjunction with the other
two shall designate one of their num-
Der to act as president in his absence.
"a. Each county shall be laid off into
districts not less than three nor more than
ten in number, and as near equal as may
be in territory and population. There
shall be elected in each district contain
ing n population not exceeding twelve
hundred, one Justice of the Peace, and if
the population exceeds that number, two
such iastices shall be elected therein.
Every such justice shall reside in the
district for which he was elected, and
hold his office for the term of four years,
unless sooner removed in the manner
prescribed by law. The districts as
thew now exist in each county shall re.
main until changed by court constitute
ed OF majority of the Justices OF the
Pace of tho county.
%. The justices of the peace shall be