Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-02-08
HERDSTOWN JEFFERSON COUNTY VIRGINIA. SATURDAY, FEB 1879
WEST VA. LEGISLATURES.
From the Wheeling Register.l

from the w neellnS heSisleI.J
THE DUAL PLAN OF DEALING WITH THE
COUNTY COURTS.
Inquiry as to the exact disposition to
be made of the County Courts, in re-
modelling the Judiciary system, is not
yet fully satisfied.
1t may be matter of interest, there
fore, to state that the existing system of
County Courts is the subject of attack
from two stand points
One proposition contemplates the vir-
tual abolition of these Courts, within
ninety days, by Legislative action alone.
A bill has been introduced by Senator
Faulkner, which is ingeniously framed
so as not to conflict with the Constitu-
tional powers of these Courts, and yet
by the use of the Legislative authority
conferred by the Constitution, to de,
prive them almost entirely of original
jurisdiction in actions at law, and con
vert them into what might be termed a
Probate or Orphans Court, not interfer-
ing, however, with their present juris-
diction in criminal cases below the grade
Of felony.
The bill does not interfere with any
County Court already established under
the thirty-fr section of the eighth ar
ticle of the Constitution, known as the
Single Judge plan, and leaves the way
still open for the establishment OF this
kind of court.
The second proposition attacks the
County Court system through Consti
tutional amendment. A substitute fol
the present Judiciary system in toto
has been devised by q special committee
of the Legislature, in the form of 6
constitutional amendment, 10 be sub
mitted to a vote of the people, and
which omits from its provisions the
present County Court system.
At first sight it may be supposed thai
these two propositions antagonize each
other. The one, however, contemplates
the other. Mr.. Faulkner's bill is in
tended as speedy process of relief, sc
far as legislative action can accomplish
it, and only anticipates the more slow
and tedious method of dispensing en-
tirely with the present system through
constitutional amendment.
While Mr. Faulkner's bill may be il
itself very great improvement on oul
present system, and, we believe, woult
be so regarded, it necessarily stops shor
of harmonizing the entire Judiciary sys
tenn, as that would be impossible through
legislative action alone, it being par
of the organic law.
Nor do we think the adoption of th'
Faulkner bill will initiate against thu
further revision of the judiciary system
as the practical effect of it will be Il
render the necessity of an entire reor
ganization more apparent. Mr.. Faulk
ner's bill has already passed the Senate
and that it may be fully understood b,
the public we herewith append the en-
tire bill:
Senate Bill No. 7S, bill to amend ant
re enact section 8, of chapter 13, o
the Acts of 1928, entitled "An &C
providing for County Courts and de
fniDg their Jurisdiction"
Be il enacted by the Legislature Of Wes
Virginia:
Sec. l. That section Of chapter Is
of the Acts of 1928, be amended SO al
to read as follows:
SEC. 8. The county court shall have
original jurisdiction of all matters o
probate, the appointment and qualifica
tion of personal representatives, guar
dians, committees, and curators, and tht
settlement Of their accounts; of all mat
ters relating to apprentices: of certiornril
of cases of bastardy; of all criminal of
fences below the grade of felony; and o
all motions aud other matters made
cognizable therein, by statute, 80 far al
jurisdiction Of the same may not be in
consistent with the provisions of thi,
section, as re enacted. But the cour
shall have no jurisdiction of suits il
equity, suits for divorce; for partition o.
for the sale of lands of infants or o,he1
persons under disability. Nor shall i
have original jurisdiction of actions a
law, except in cases of assumpsit o.
debt, for the recovery of money due
where the amount demanded exceeds
twenty dollars, and no plea be filed d
defence made to such recovery, and
whenever, in any such actions of deb
or assumpsit the defendant, at rules, o.
at the first term of the County Cour
after the institution of the suit, shal
file plea stating fairly and fully de
fence thereto, with an affidavit verify
ing such plea and setting forth that it il
not filed for the purpose of delay, j
shall be the duty of the County Cour
to certify and remove the said action
to the Circuit Court Of the county TO
trial and determination therein, as fully
in all respects, as if they had been origi
nally instituted in said Circuit Court
and at the time of such removal ther,
shall be statement certified to tn,
Circuit Court of the cost incurred in th'
County Court prior to the removal, il
order that the proper judgment for th,
payment thereof may be made.
Within ninety days after the passap,