Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-07-19

eleventh; the counties of Grant, Hardy,
Hampshire, Mineral and Pendleton, the
1 twelfth; the counties OF Jefferson, Berke-
\ lev and Morgan, the thirteenth.
Old: SIC. IS. The Legislature may
after the expiration Of Eve years from
I the time this constitution goes into OPP
Grafton, rearrange the circuits, but the
number of circuits shall not then be IN
creased; and no Encouragement OF the
circuits shall have the effect Of removing
a Judge from office. After the census OF
1880, 1t may increase the number OF cir
cults so as not 70 exceed one circuit Tor
every fifty-five thousand inhabitants oil
thesState. q u II 11H II tLti
amendment 10 Section 10 .' .
The Legislature may re-arrange the
ircuits herein provided for at any ses-
sion thereof, next preceding any gene
raj election Of the Judges Of said circuits,
and after the year one thousand eight
hundred ana lightweight, may, at any
such session, increase or diminish the
number thereof. CD. ssr.,
Of0. DC. a.. 1Ilc hLl4I III a uhkG
OF the supreme Court OF Appeals under
the old is s., 250, under the amendment
g, 200; that of a Judge of the Circuit
Court under the old $1,000, under the
amendment 81 500, .aJ.l a.f u
More: The following two sections, 20
and 81, of the present Constitution are
omitted in the proposed amendment
Ed. REGISTER. rr" r.r'3 All.
Old. SEC. 20. The Clerks of the Cir
cult Courts, and the Clerks Of the Su-
preme Court of Appeals shall, under
such regulations as may be prescribed
by law, make an annual report to the
Auditor, exhibiting the number of suits
commenced, pending and decided in
their respective courts, and the number
of DAYS the courts were in session during
the year, which shall be condensed by
said Auditor, and made part of his an
nual report 10 the Legislature. ...
Old. Sec. 81. Wherever the Legislature
is expressly prohibited by this Constitu!
ton from doing any particular act, and
the same shall be, done in violation of
such prohibition. it shall be the duty OF
the courts, upon a proper case presented
before them, to declare such act null and
void. .,. SEA-. ....
Old. SEC. %. The Legislature may
establish courts of limited jurisdiction
within any incorporated town or city,
subject to such appeal as now is, ormay
hereafter be prescribe by law.
AmSndmenttO Section %.
The Legislature may establish courts
oilimited jurisdiction within any county,
incorporated city, town or village, with
the right of appeal to the circuit court,
subject to such limitations as may be
prescribed by law; and all courts OF
limited jurisdiction heretofore establish
ed in any couaty, Incorporated city,
town or village, shall remain as at pre-
sent constituted until otherwise provid-
Ell by law. The municipal court of
Wheeling shall continue in existence
until outherwise provided by. law, and
said court and the judge thereof, shall
exercise the powers and jurisdiction
heretofore conferred upon them; and
appeals in civil cases from said court
shall lie directly to the supreme court OF
appeals.
COUNTY COURTS.
MOTE: We do not quote the provis-
ions of the present Constitution provid-
ing for the existing County Court sys-
TEN, as they are well understood. The
proposed amendment simply drops sec
tons %. "a, 20, q, rs, 20, 81 and 80 OF
the present Constitution, and substi-
tutes the four following sections, which
provide new County Court system
Ed. REGISTER
amendment 10 County Court system:
90. There shall be in each county of
the State a County Court, composed of
three commissioners, and two of said
commissioners shall be a quorum for
the transaction of business. 1t shall
hold four regular sessions in each year,
at such times as may be fixed upon and
entered OF record by the said court.
Provisions NAV be made by law for
holding special sessions OF said court.
%. The commissioners. shall be elect
ed by the voters of the county, and
hold their office for the term of six
years, except at the first meeting of
said commissioners they shall designate,
by lot or otherwise, in such manner as
they NAV determine, one OF their num-
ber who shall hold his Office for the
term of two years, one for four years
and one for six years, so that one shall
be elected every two years. But no
two of said commissioners shall be
elected from the same magisterial dis
trict. And il two or more persons re-
siding in the same district shall receive
the greater number Of votes cast at any
election, then only the one of such per,
sons receiving the highest number shall
be declared elected, and the per-
son living in another district, who shall
receive the next highest number Of
votes, shall be declared elected. Said
commissioners shall annually elect one
of their number as President, and each
shall receive two dollars per dav for his
services in court, to be paid out of the
county treasury.
"a. The County Courts, through their
clerks, shall have the custody of all
deeds and other papers presented
for record in their counties, and the
same shall be preserved therein, or 9TH
erwise disposed of, as now is, or may he
prescribed bylaw. They shall have ju-
risdiction in all matters of probate, the
appointment and qualification of per-
sOnal representatives, guardians, COM
mittees, curators ana the settlement Of
their accounts, and in all matters re-
lating to apprentices. They shall also,
under such regulations as may be pre-
scribed by law, have the superintend-
ence and administration OF the internal
police and fiscal affairs of their counties,
including the establishment and regula-
ton of roads, ways, bridges, public
landings, ferries and mills, with author
ity to Law and disburse the county levy.
Provided, That no license for the sale of
intoxicating liquors in any incorporated
city, town or village, shall be
granted without the consent of the