Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1879-02-11
SENATE BILL NO. 70.

A bill to amend and re,enact section 8,
Of chapter 10, Of the Acts Of 1923, en-
titled IAN act providing for county courts
and defining their jurisdiction"
Be it enacted 4y tie Legislature Of West
Ttrgimid:
Sec. l. That section 3 of chapter Is, Of
the Acts of 1928, be 80 amended SO as to
read as follows
SEC. 3. The county court shall have origi-
nal Jurisdiction of all matters of probate, the
appoin tment Snd qualification Of personal
representatives., guardians, committees and
curators, and the settlement of their ac-
counts; Of all matters relating to apprentices;
of certiordri; of cases of bastardy; of all
criminal offences below the grade of felony;
and of oil motions and ether matters made
cognizabie therein, by statute, so far as the
Jurisdiction of the Same may not be incon-
sietent with the provisions of this section az
re>enacted. But the court shall have 10
jurisdiction of suits in equity, suits for di.
vorce; for partition or for the sale of lands
of infants or other persons under disability.
Nor shall it have original jurisdiction of ac>
tons at law, except in cases of assumpsit or
debt, for the recovery of money due, where
the amount demanded exceeds twenty dol
lars and no plea be filed or defence mado to
such recovery, and, whenever in such ac>
tions of debt or assumpsit the defendant, at
rules, or at the first term of the County
Court after the institution of the suit shall
file plea stating fairly and fully defence
thereto, with an affidavit verifying such plea
and setting forth that it is not fled for the
purpose of delay, it shall be tho duty of the
County Court to certify and remove the said
actions to the Circuit Court of the county for
trial and determination therein, as fully, in
all respects, IS if they had been originally
instituted in said Circuit Court; and at the
time of such removal there shall be state
mont certified to the Circuit Court Of the
cost incurred in the County Court prior to
the removal in order that the proper judg>
ment for the payment thereof may be made.
Within ninety days after the passage Of
this act, al causes in equity and actions at
law pending in auy County Court of which
causes and actions such court, under the pros
visions of this act, shall no longer have
jurisdiction, shall be removed to the Circuit
Court for said county, and, to that end, it
shall be the duty of the Clerk of tho County
Court to deliver to the Clerk of the Circuit
Court of his county the original papers of all
Causes and actions removed, with copies
of all rules and orders which may be of
rocoId in his Office but not filed in tho
papers, with statement of the costs there
fore incurred and to be taxed therein and
the Clerk shall enter on the proper order
book of the County Court memorandum
showing the fact and date of such removal.
It is distinctly provided, however, that tho
limitations upon the jurisdiction of the
County Courts, herein contained and enact.
cd, shall not be construed to affect or, in any
way, apply to the County Court of the corn,
ty of Ohio, as now constituted, or of any
other county in which the Legislature has
established or may establish another tribu,
nal in lieu of County Court, under the au,
thority and by virtue oc the provisions of
the thirty first section of the eighth article
of the Constitution.