Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-22

article takes effect. shall rsmaln therein for the
Term Iol which they were elected, unless sooner
removed IN the manner prescribed BY law.
le, The Legislature NAV establish courts OF
utnlted jurisdiction within any county, incor.
porated city, town or villsge, with the right Of
appeal 10 the clrenit court, subject TO such limi-
tduohs as may be prescribed by law: and all
courts Of limited Jurisdiction heretofore estab-
nSnsu In any county, incorporated city, town or
village, shall remain Ms at present constituted
Anui otherwise provided by law. The NUM-
clpaI court OF "heeling shall continue in exist
enee until otherwise provided by law. and said
court and the judge thereof, shall exercise the
powers and jurisdiction heretofore conferred
upOn lhem and appeals in civil cases from said
appeals.
y. No citiz this State who aided or par.
uclpated In the late war between the govern
ment Oh the United states and q part of the peo-
PIe theIeoi on either side, shall be liable in any
proceeding, civil or criminal: nor shall his prop
cry be seized or sold under final process issued
upon Judgments or degrees heretofore rendered,
y o'ntIwlse, because OF any act done in accord
ahce win the uSages Of civilized warfare I'm The
prosecution al said war. The Legi>l tire shall
pnoNlde Dy general laws, for giving full force and
effect To this section.
Il. such parts Of the common law. and of the
laws OF thls state as are in force when this arli-
cie gees INTO operation. and are not repugnant
thereto, shall be and continue the law of the state
unil Altered or repeated by the legislature. All
civil aud criminal suits and proceedings mend
ing IN the former circuit courts of this State.
snail email and be proceeded in before the
circuit courts Of the counties in which they
were pending.
COUNTY COURTS.
p. There shall be in each county of the State
a county court, composed Of three commission
erS, ana Two OF said commissioners shall be a
quorum Tor the transaction ofbusinesS. II shall
hlOld iour regular sessions in each year, at such
umSs as may be fixed upon and entered of rec
ord by the said court. Provisions may be made
by law for holding special sessions OF said
court.
%. The commissioners shall be elected by the
voters oil the county, and hold their office for
the term OF six years, except that al the first
meeting oil said commissioners they shall desig.
nate, by lot or otherwise, In such manner, rs
they may d1.ermine, one of their number, 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
tNO Of said commissioners shall be elected from
the same magisteal district. And il two or
NOR Persons residing in'the same district shall
recciNr the greater number of votes cast at any
election, then only the one OF such persons re-
ceiving the highest humble shall be declared
elected and the person living In another district,
who shall receive the next highest number Of
votes, shall be declared elected. Said commits
siOnerS shall annually elect one of their Ium-
Der aS president, and each shall receive 81 per
day for his services in court, To be paid out OF
the county treasury.
q. 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
otherwise disposed of, a. now is, or may be pre-
scribei by law. They shall have jurisdiction in
all matters Of probate, the appointment and
qualification OF personal representatives. guardi-
ans. committees, curatOrS, and the settlement of
their accounts, and in all matters relating To APP
prenticeS. They shall also, under such rcgula.
lions as may be prescribed by law, have the
SupcrintendenCe and administration OF the III.
terlal police and fiscal affairs of their counties.
inplnlipp tho establishment and rppnlGttpn nf
roads, ways, bridges, public landings, ferries
and mills. with authority TO lay and dlsburSe
the county levieS. PrOridcd, That no license
for the sale OF intoxicating liquors IN any lncor-
pOrated city, town or village. shall be granted
without the consent Of the municipal authori-
ties thereof, first had and obtained. They shall,
in all cases of contest, judge of the election,
qualification and returns of their own members,
and of all county and district officers, subject 10
such regulations, by appeal or otherwise, as
may be prescribed by law. such courts may cx'
ercise such other powers and perform such ether
duties, not OF a judicial nature, as may be pre-
scribcd by law. And provision may be made,
under such regulations as may be prescribed by
law, for the probate Oi wills. and for the appoint
ment and qualification of personal representa-
tivcs. guardians, committees and curators dur
ing the recess Of the regular sessions OF the cOun-
~ court Such tribunals as have been hereto
fore established by the legislature under and by
virtue OF the thirty-fOurth section Of the eighth
article OF the Constitution OF one thousand eight
hundred and seventy-two, for police and fiscal
purposes, shall, until otherwise provided by law,
remain and COntinue rs at present constituted in
the counties in which they have been rcspcc-
lively established, and shall be and act aS TO
police and fiscal matters in lieu OF the county
court created by this article until otherwise pro
yided by law. And, until otherwise provided
by law, such clerk rs is mentioned in the TWEEN
ty.SiXth section Of this article. shall exercise any
powers and discharge any duties heretofore con.
ierred on, or required Of any court or tribunal
established for judicial purposes under the said
article and section OF the constitution OF one
thousand eight.hundrcd and seyeAty-two, or
the clerk OF said court or tribunal
respectively, respecting the recording ana pres
c~TvatiOA OF deeds and other papers presented Tor
record, matters OF probate, the appointment and
qualification Of personal representatives, guar
dlanS. committee, curatOrS and the settlement
Other accounts, and in all matters relating TO
apprentices
-. All actions, suits and proceedings not en-.
braccd in the next preceding section, pending
in a county court when this article takes effect,
together with the records and papers pertaining
thereto as well rs all records and papers pertain
Ing To such actions, suits and proceedings. as
have already been disposed OF by said courts
shall be- transmitted to and filed with the clerk
Of the circul, court Oi the county to which office
all process outstanding at The time this article
goes into operation shall be rcturncd; ana said
clerk shail have the same power ana shall per-
form the same duties in relation 10 such records,
papers and proceedings H. were vested in and re-
duired of the clerk Of the county
court, on the day before this ar
ticlc shall take effect. All such actions,
suits and proceedings 50 pending rs aiDsc,aii,
shall be dockctcd, proceeded in, tried, heard
aud determined in all respects by the circnlt
court, as If said suits and proceedings had origi-
mated in said court
26. The voters of each county shall elect a
clerk OF the county court, whose term Of office
shall be six years. His duties aud cOmpcnSG-
ton, and the manner Of his removal, shall be
prescribed by law. But the clerks of said courts,
now in office, shall remain therein Tor the, term
Tor which they have been elected, unless sooner
removed thereiIom, in the manner prescribed
10y law.
%. Each county shall be laid off into districts,
not less than three nor more than ten In mum
Der, and rs nearly eqlai aS may be III territory
and population. There shall be elected IN each
district containing "A population not exceeding
twelve hundred, one Justice ui me peace ana !
the population exceeds that number, TWO Snch
justices shall. be elected therein. Every justice
Shall reside in the district for which he was ell
ected, aud hold his Office iOl term OF four years
unless sooner removed in the manner prescribed
by law. The districts as they now exist, shall
rcmain till changed by the county court.
~. The civil jurisdiction Of n justice OF the
peace shall extend to actions OF asSumpSit, debt,
detinue and troyer, II the amount claimed, eX'
elusive of interest, does not exceed three hun
dred dollars. The jurisdiction OF justices Of the
peace shall extend throughout their county;
they shall be conServatOrs OF the peace, and
have such jurisdiction and power in criminal
NHiNf W AlhN w ~ A'''A - AA's ahNAA L'| ~
of the peace shall have authority TO take the
acknowledgment Of deeds and other writings,
administer oaths, and take and certify deposi-
tons. And the legislature may give u justices
such additional civil jurisdiction and powers
within their respective counties aS may be deem.
ed cxpcdicnt, under such regulations and re
s%trictionS rs may be prescribed by general law,
except that in suits To recover money or damages
their jurisdiction and powers shall in no Case
exceed three hundred dollars. Appeals shall be
allowed from judgments OF justices OF the peace
i'm such manner aS may be prescribed by law.
%. The legislature shall upon The application
Of any county, reform. alter or modify the com.
IL court established by this article in such
county, and in lieu thereof, with the assent of
Il majority OF the voters OF such county, voting
at an election. create another tribunal for the
transaction of the business required 10 be per
formed by the cOunty court created by TINS aftl'
Gle: and in such ease. all the provisions oil inns
article in relation 10 thu county court shall De
applicable to the tribunal established IN lieu ol
said court. And when such tribunal has been
established, il shall continue 10 act in llou OF
the county court until otherwise provided by
law.
80. The office Of commissioner and justice oi
peace shall be deemed Incompatible Vacancies
In the Office of commissioner clerk OF the couh,
" court and justices OF the peace shall be hllcd
by the count court of tn. county until the next
general election.
JOIST RESOLUTION proposing an amendment
to the Constitution OF this state.