Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-17

shall remain and be proceeded in before the
circuit courts OF the counties in which they
were pending.
COUNTY COURTS.
-. There shall be in each county OF the State
a county court, composed OF three commission
ers. and two OF said commissioners shall b. a
quorum for the transaction OF business. IL shall
hold four regular sessions in each year, at such
times 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.
voters OF the couuty. and hold their office for
g term OF six years, except that al the first
meeting OF said commissioners the shall desig
nate, by lot or otherwise, In such manner, US
they may determine, 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 ell cted every two years. But no
tSo Of said commissioners shall be elected from
the same magisteal district And II two or
MON p"rSons residing in the same district shall
receive the greater number OF votes cast at any
election, then only the one Of such persons IT.
ceving the highest number shall bc declared
elected aud the person Irving in smother district.
who shall receive the next highest number oi
votes, shall lie declared elected. SAID commis-
sOners shall annually elect one of their aum.
Der ~ president. and each shall receive E. per
day Tor his services in court to be paid out oi
the county treasury.
u. Inc County COurS through lEplI CiCIhS
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, n now is or may hc pre-
scribed by law. They shal 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 oil matters relating Ia APP
prenticeS. They shall also, under such rGu la
lions as may be prescribed by law, have the
IN IN ntpudpnpp nd adm nj >trntiOn Of IN
tera police aud fiscal affairs OF their counties.
including the establishment and rcguliti,n OF
roads. ways, bridges. public landings, ferries
and mills. with authority " lay and dlsburNe
the county lcvies. PrOridcd. That no license
for the sale OF intoxicating liquors IN any nc"r.
pOrated city, town or village, shall be granted
without the consent OF the municipal authorl'
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 TO
such regulations, by appeal or otht rwisc, as
may be prescribed by law. such courts may ex
ercise such other powers and perform suCh siher
duties, not of a judicial nature, Us may be pre-
scribed by law. And provision may he made,
under such regulations as may be prescribed by
law, for the prOhue OF will, and FOR the appoint
ment and qualification of personal representa-
tiycs guardians committees aud curators dnr'
ing the recess, of the regular sessions o the Coun
~ court. such tribunals ~ have been hereto
fore established by the Legislature under and by
virtue Of the ihirty.fGurth section ri the eighth
article Of the Constitution %. one thousand eight
hundred and sevcnty-twO. for police and H. nj
purposes, shall, until otherwise provided by law
rtihain and cOntinuc ~ al present constituted III
the countic, in which they have been rcspec-
lively established. aud shall he ana Gct Ms Ia
police and fiscal matters In lieu uf the county
court created by this article until otherwise pro.
videl by law. And, until otherwise provided
by law, such clerk ~ l. MENTIONED III the tNeh'
ty.sxth 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 Tie said
article and section Of III" constitution oil one
thousand eight hundred and seventy two, or
the clerk az said court or tribunal
respectively, respecting the recording ard pres
crNatiOH OF leeds aud other papers presented i"i
record, matters Of probate, the appointment ahd
qualification OF personal representatives, guar
dlans committees, CuratOrs AMI III" settlement
oftheir accounts, aud in all matters relating 10
Apprentices
~. All actions, suits and proceedings not en-
braccd'in the next preceding section, pcldlng
in county court when this article takes c1ett,
together with the records anu papers pertaining
thereto as well aS all records aud papers pertain
ing Ia such actions, suits and proceedings. a.
have already been disposed oi by said courts
shall b. transmitted to and h!cd win me clrfk
of the circuit court Of the county Ia which once
all process outstanding at The time this article
goes into opcr tiOn shall be returned; and said
clerk shall have the sanc power ana shall per-
form the same duties in relation Ia ,hCh rccords,
papers and proceedings rs were vested III and r..
auired OF the clerk OF the county
curt. on the day before this ar
ticle shall take effect All such actions
suits and proceedings ~ pending ~ aforesaid;
shall BE- dockcted, Proceeded IN, tired, hcari
and determined IN all respects by the ,iIcnit
court, ~ il said suits and proceedings had orig!
mated i'll SAID court
o6. The voters Of each county shall elect
clerk of the county court, whose term OF once
shall be six years His duties and compcnsi'
tion. and the manner Cf his removal, shall be
prescribed by law. But the clerk oi said courts,
now in office, shall lemain therein Tor the term
for which they have been elected, unless sooner
removed thereiiOm, in tie manner prescribed
by law.
q. Each county shall be laid of into districts
not less than three nor more than ten In num-
Der and ~ nearly equal rs may he III territory
aud population. There shall be elected IN cnch
district containing population not eNceenlIig
twelve hundred. one justice of the IeaCe, ana II
the population exceeds that number two such
justices shall be elected therein. Every justice
Shall reside in the district for which he was ell
ected, and hold his Office ioi term ol four years;
unless sooner removed in the manner prescribed
by law. 1hedistricts ~ they now exist shall
remain till changed by the county court.
IS The civil jurisdiction Of justice Of the
peace stall extend 10 actions of a>sumrNi, debt'
detinue and trovcr, II the amount cla.mci, tN'
elusive OF interest does not exceed three hun
peace shall extend throughout their county /:
they shall te CouScrvat0rs Oi the peace, ana
have such jurisdiction aud power III criminal
cases A. may be prescribed 10y law Ana Iu>tncs
OF the peace shall have authority 70 take the
acknow lcdgment Cf deeds and other writings,
administer oaths, and take and certify dclo>i-
tons. And the Legislature maygre IN justices
such additional evil jurisdiction aud p1"er>
Within their respective counties A. may DC deem
cd expcdicnt. under such regulations and re
striCtion~ rs may be prescribed by genera law
except that in suits To- recover money or damages
their jurisdiction and powers shall IN no case
exceed three hundred fol!arS. Aricais shaIl De
allowed from judgments ni lUstiCc> 81 the peace
in such manner n may be prescribed 10y law.
% The legislature shall upon the application
of any county reform, alter or modify the com
~ court established by this article in such
county and in lieu thereof, VIII the assent OF
a majority OF the voters OF sven county, voting
AT an election. create another tribunal ir the
transaction 81 the business required 10 hH 70
formed by the county court Grated by III. aIl
Gle and in such case all the provisions ot this
article in relation ~ the county Cpurt sAaIl ot
applicable TO the tribuna! established in lieu oi
sad court. And when such tribunal has been
establIs shed. IL shall continue % act in lieu OF
the county court until otherwise provided 10y
40 The Office OF commissioner and justice q!
peace shall De deemed Incompatible Vacancies
In the Office Of commissioner, C.erk OF the Coun
~ court and justices of the peace shall be filled
by the county court OF tbs county until the next
general election.
JoIYr RESOLUTION proposing an amendment
TO the Constitution OF this state.
Rcsored b. N. Legislature % hcS virginia,
hro-,hiris Of dA the meni5cTs 6Lct,f 70 zach Hous>
agreeing tisr-o: That the following be and the
same il hereby proposed n an amendment 70
the Constitution ofthis state, to-wit:
That section thirteen, oi article three, as II
now is. he stricken on, and the following be In
serted in lieu thereof
"lS. In suits al common law, where the value
in controversy exceeds twenty dollars, exclusive
of interest and costs, the right OF trial by
Jury, II required by either party, shall be pre-
served: and in such suit before a justice, a jury
NAV consist of six persons. No fact tired by
jury shall be otherwise rc-eNaininef IN any case
;hsn according 10 the rules OF the common law"
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