The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-03-07

following circuits: The counties Of
Brooke, Hancock, Ohio and Marshall shall
constitute the First circuit; the counties
o. Monongalia, Marion and Harrison, the
Second; the counties Of Preston, Taylor,
Barbour, Tucker and Randolph, the Third /;
the counties Of Wetzel, Tyler, Richie and
Doddridge, the Fourth; the counties Of
Wood, Writ and Peasants, the Fifth; the
counties Of Clay, Gilmer, Jackson, Roane
and Calhoun, the Sixth; the counties OF
Putnam, Kanawha and Mason, the SeY!
enth; the counties Of Cabell, Wayne, Lin.
coin and Logan the Eighth; the counties
Of Mcdowell, Mercer, Raleigh, Wyoming
and Boone, the NINTH the counties Of
Greenbrier, Monroe, Summers, Fayette
and Pocahontas, the Tenth; the counties
o. upshur, Lewis, Braxton, Nicholas and
Webster, the Eleventh; the counties OF
Grant, Hardy, Hampshire, Mineral and
Pendleton, the Twelfth; tie counties OF
Jefferson, Berkeley and Morgan, the
Thirteenth.
SIC. IA. The Legislature may re-arrange
the circuits herein provided for at any SEES.
sion thereof, next preceding any general
election Of the Judges Of said circuits, and,
alter the year 1888, may, at any such ses.
sion, increase or diminish the number
thereof.
SIC. IS. The Legislature shall provide
by law for holding regular and special
terms Of the Circuit Courts, where from
any cause the Judge shall TAIL to attend,
or II In attendance, cannot properly pre-.
side.
GENERAL PROVISIONS.
SEC. IS. All Judges shall be commits.
stoned by the Governor The salary Of q
Judge Of the Supreme Court OF Appeals
shall be s, 200 per annum, aud that OF
Judge Of the Circuit Court shall he 81 500
per annum; and each shall receive the
same mileage as members Of the LegisIa,
ture: Provided that Ohio county may pay
an additional sum per annuln 10 the
Judges OF the Circuit Court thereof, but
such allowance shall not be increased nor
diminished during tho term OF office Of
the Judges to whom II may have been
made. No Judge, during his term OF
Office, shall practice the profession OF law
hold any other Office, appointment or
public trust, under this or any other gov,
eminent, and the acceptance thereof,
shall vacate his judicial office. Nor shall
he, during his continuance therein, be
eligible 10 any political Office.
SEC, IL. Judges may be removed from
Office by concurrent vote OF both Houses
Of the Legislature, when from age, disease,
mental or bodily infrmity or intemperance
they are incapable Of dispharging the du-
ties OF their office. But two.thifds OF all
the members elected to each House must
concur in such vote, and the cause Of re-
moval shall be entered upon the Journal
Of each House. The Judge against whom
the Legislature may lie about to proceed
shall receive notice thereof, accompanied
with the cause alleged for his removal, at
least twenty days before the day ON which
action Is proposed 10 be taken therein.
SEC. is. The voters OF each county shall
elect Clerk OF the Circuit Court, whose
term Of Office shall DO SIX years; bis duties
anu compensation and the manner OF re-
moving him from office shall be prescribed
ny law; and when vacancy shall occur
IN the Office, the Circuit Court or the Judge |
thereof in vacation shall fill the same Nv |
appointment until the next general cleo |
ton. In any case in respect to which the |
Clerk shall be so situated as to make il |
improper for him to act, tho said court
shall appoint clerk to act therein. The |
Clerks OF said Courts in office when this |
article takes effect, shall remain therein
Ior the term for which, they were elected,
uhiess sooner removed In the manner pre- |
scribed by law.
SEC. 10. The Legislature may establish
courts Of limited Jurisdiction within any |
county, incorporated city, town or village,
with the right Of appeal to the Circuit
Court, subject 10 such limitations as may
be prescribed by law; and all courts Of
limited jurisdiction heretofore established
in any county, incorporated city,
town or village, shall remain rs at pres.
ent constituted until otherwise provided
by law. The Municipal Court OF Wheel.
ing shall c9ntinue in existence until other
wise provided by law, and said court and |
the Judge thereof, shall exercise the now.
ers and jurisdiction heretsfore conferred |
upon them; and appeals in civil cases
from said court skall lie directly to the |
Supreme Court Of Appeals.
SEC. 20. No citizen Of this state who
aided or participated in the late war be. |
tween the Government et THO United |
States and q part Of the people thereof On |
either side, shall be liable in any proceed |
ing, civil or criminal; nor shall His proper
y be seized ~, sold under Anai PROCESS
issued upon Judgments or DEGREES hereto.
fore rendered, or otherwise, because OF
any act done In accordance with the usages
OF civilized warfare In the prosecution Of
said war. The Legislature shall provide,
by general laws. for giving full force and
effect to thissection.
sRp. q. Such parts OF the common law,
and Of the laws Of this State az are in force
when thisarticle'goes into operation and are
not repugnant thereto, shall be and con.
time the law OF the State until altered or
repealed by the Legislature. All civil and
criminal suits and proceedings pending in
tho former Circuit Courts Of this State,
shall remain and be proceeded in bafore
the Circuit Courtsofthe counties in which
they were pending.
COUNTY COURTS.
SEC. %. There shall be in each county
Of the State County Court, composed Of
three Commissioners, and two Of said
COMMISSIONER shall be O 9Aarpm for the
transaction OF business. II shall hold four
regular sessions In each year, at such
times as may be fixed upon and entered OF
record by the sud court. Provisions NAV
10 made BY law for holding special SEES
SEC. 49, The Commissioners shall be
olcote1 by the Yoters Of the county, and
hold their Office for the term Of sir years,
except that at the first meeting Of said
Commissioners they shall designate, by
lot or otherwise. in such manner as they
may determine, one OF their number, who
shall hold his office for the term Of two
years, one OF four years aud ono Of six