The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-02-25
HOUSE BILL NO. soa.

HOUSE HILL NO. 1O2.
i A NH 10 EalablIsh Court OF ofLimIted Ju
risdIetiOh In the city Of wheeling. anG
toAboIiah the Municipal Court.
!. BE enacted BY The Legislature Of Hest Tir
!, ginia:
sEcrIoNl. That from and after the -
day OF April, 1870, the court OF record OIL
limited jurisdiction established within the
| city OF Wheeling, called 'The Municipal
Courtof Wheeling shall cease to exist,
and the Judge thereof shall no longer ex.
ercise any Oi tho duties imposed upon
him by law as Judge OF that court.
SEC. 9. There shall be established within
the eaid city ot Wheeling, in lieu OF said
Municipal Court, q court Of record Of
limited criminal jurisdiction, called 1.-THE
Police Court OF Wheeling"
SIC. 3. The Council OF said city shall, as
soon after the passage OF this act as prac-
ticable, in joint convention Of the two
branches, q majority OF all the members
elected thereto cohcurring, elect per.
SOM properly qualified to Gil the position,
to be Judge Of said Police Court, who shall
exercise all such limited criminal jurisdic.
ton as was conferred by law upon the
Judge Of the said Municipal Court Of
Wheeling.
SEC, 4. The said Judge shall hold his
Office lor Q term not exceeding years,
or untilhis successor Is elected and quail.
fed. -, rGIl-.l.l... ~
SEC. s. II, for any cause, a vacancy shall
occur In said office, such vacancy shall be
Tiled tor the nnexpired term by the City
Council in the same manner Is designated
In section 3 OF this act; and as soon after
said vacancy occurs as the City Council
can meet and fill the same.
SEC. U. During his service in office, the
Judge Of said Court shall receive from the
treasury OF the city such salary as said
Council may by ordinance prescribe, not
to exceed thesum Of s., and said salary
shall not be increased or diminished dur
ing his term Of office.
SIC. 7, The said Judge may be removed
from Office by concurrent vote OF two.
thirds Of each branch OF the Council, for
good cause, but, before any order or reso-
luton Is passed for his removal. he shall
have reasonable notice Of such charge aud
have an opportunity to be heard by coun-
sci in his defense, il he so desires.
SEC. 8. When any fine, penalty or pun
ishment may be lawfully imposed for the
violation OF any city ordinance, the Police
Court shall have exclusive original juris-
diction thereof, and the proceedings In
such case shall be by summons on behalf
OF the city as plaintiff and conform to such
rules and regulations, so far as they are
applicable; as in suits and proceedings be-
fore Justices. -
SEC. 8. Tie said Court shall also, with.
In the city, have the same Jurisdiction and
powers as Justice in relation to the ap-
prehension, examination, commitment
and admitting to bail OF any per.
son or, persons charged with a
criminal otiense, whether committed
within the said city or elsewhere; !;
and in the e'exercise OF such jurisdiction
and powers, shall be subject 10 the same
laws and regulations.
SIC. 10. When the Judge is, from sick
ness or other cause, incapable OF acting,
or is absent from the city, the Mayor Of
the city or some other person appointed
for the purpose by the Council, shall ex-
ercise 1.-THE powers and preform all the
duties imposed by law upon said Judge.
SEC. IL. All process, executions, rules
and orders OF the said Court shall be
signed by the Judge, who shall keep q
record OF oil his proceedings under and by
virtue OF this act, and account 10 the City
Treasurer for all moneys received by him
for any service appertaining TO the ad.
ministration OF his office; and the said
Judge shall make report from time to time,
OF all moneys so received by him, as the
City Council may by ordinance direct.
SIC. l2. All process and executions
shall be directed to the City Sergeant and
shall be executed by him or one OF his
deputies; but the Judge Of said Court may
at any time, appoint special officer to act
In any case, or to serve any particular pro-
cess, execution, rule or order. The City
Sergeant, !his deputy, ior the said special
officer shall receive and collect for his ser
vice such fees as are now prescribed by
law for like service by the Sheriff OF the
county; and may collect the same in like
manner as the Sheriff collects his
fees. The said Sergeant and his sure.
ties shall be liable for the acts and omis-
sions OF his deputies in like manner as the
Sheriff and his sureties are for the acts
and omissions OF his deputies.
SEC. IS. It shall be lawful for The, City
Council, the preceding section'to the con-
i trary notwithstanding, to prescribe by
ordinance such compensation or salary
for the said Sergeant as they may deem
reasESnayb, M sS aoa.ns ~ ~ Kin hisv Ss
puies; and III such case; the Sergeant or
his deputies shall collect said fees as aiore.
said and account for and pay over the
same 10 the City Treasury. 3. ~
SEC. il. The City Council shall provide
q seal for the police court:
sEc. 10. aIAppe4l slai,l idns Me ~ ~ ;oS'.mant
Court OF ohio county ItHa III =. !ose !Susehh s,h
Of the saia police eouti !" W. samr ss rsstrio. sp
!ect, however .t;ons 70 s"e az snneaIs sI Iron from
tions ana regu,anohs .sa. ~ aPPeas pPcan. S tSnt
justice IN hke casenS' nsn' eneeps ho p".on.aS shai
no such appeal ana,;o;n1 sa VI Il III % n;s.
unless some eoanss. PrAeSS tSst tSsrs s T. srror @
cult Court snall eertly sas taSEe ,ha eo vrs !,
In law or fact In the lnagHsnt " w ouuIt