Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-09-04

directly 10 the Supreme Court Of Appeals
~. No citzea OF this STATE who aided or rartci-
p2ted In the late between tho Government Of the
| United States and part Of the people thereof on
eitheT sde shail &c liable ~ any proceeding civil or
criminal; nor shall his property be seized sold
der anal process issued upon judgments or DEGREES
herstoors rendered, otherwise because Of any act
done in accordance with the ussges Of civilized war
fare in the prosecution Of sad war The legisla
shall provide by general laws for giving fun force
and effect to this section
| q. Such parts OF the common law, and Of the
laws Of this state az are in force when this article
goes INTO operation. and are not repugnant thereto,
shall be and continue the law Of the State until alter
ed repealed by the legislature All civil and Grim
| inal suits and proceedings pending in the former
circuit courts OF this State, shall reulam and be pro-
ceeded in before the circuit Of the counties In
| which they were pending.
| CAVITY couRTs
/ Y. There shall be in each county Of the state a
| County Court composed Of three comm ssioners
| and two Of esid commissioners shall be a quorum
for the Transaction Of business 1t shall hold four
regular sessions ia each year, at such times may
| be Fixed upon and entered Of record by ia ss
said court Provisions may be made by law for hold
| ing special sessions Of said court.
| e. The commissioners shall be elected By tie
voters Of the county, and hold their Office for th
term Of six years. except that at the first meeting Of
SAID commissioners they shall designate, by lot
othet"lee, IN sucn manner ss they may deteTn,n
one OF their number who shall hold his Office for the
term Of two years. one for four years. nd for
six years, so that one shall be elected every two
years. But no two Of said commissioners 81 all be
elected from the same magisteral district. Ard if
two or more persons residing in the same district
shall receive the greater number OF votes cast a any
election, then only the of such persons rece,
the highest number shall be declared elected AM
the person living in another district, who shall re-
ceFe the next highest nunber of votes shall be de-
ciared elected Said commissioners shall annual
elect one OF their number rs president and each
shall receive 81 per day for his services in court TO
be paid gu. Of the county treasury
a. The county courts through their clerks, shall
have the custody Of all deeds and other papels pre-
sented for record in their counties, and the same
as now i. or may be prescribed b. law. They shall
have jurisdiction in all matters of probate the APP
pointment and qualification Of personal representa-
tives guardians, committees, curaors and the SET
Element OF their accounts aud In all matters relating
to apprentices. They shall also, under sue regua-
tions @ may be prescribed by law, have ths superin-
tendence and administration of the internal police
and hscal affairs of their counties, including the
tab'shment and regulation Of roads, ways bridges
public landings, ferries and mills with authority to
lay and dsburse the county leyes Procided, That
no license 2r the sale Of intoxicating liquors in any
without the consent of the municipal auth critics
thereof frss had and obtained They shall, in all
cases of contest, judge Of the elect on qualification
and returns Of their own members, and of all county
and district ofcers, subject TO such regulations, by
appeal ar otherwise as may be prescribed by law.
And provision may be made, under such regulations
may be prescribed by law for the probate Of Wills
and for the appointment and qualification of person.
al representatives, guardians. committees and
tors during the recess of the regular sessions Of the
county court. Such tribunals as have been hereto
fore estab.hedby the legislature under and by yir-
tue of the thrtyourth section of the eighth article
Of the Constitution Of one thousand eight hundred
and seventytwo, for police and fiscal purposes shall
W,
tinue as at present constituted in the counties in
which they have been respectively established, and
shall be and act as to police and fiscal matters in lieu
wise provided by law. And, until otherwise provid
ed by law, such clerk as is mentioned in the twenty
sixth sectsA Of this article shall exercise any powers
and discharge any duties heretofore conferred on
required Of any court tribunal established for judi
cal purposes under the said article and section OF the
Constitution OF thousand eight hundred and sew
enty-two, or the clerk of said court tribunal re-
specvely respecting the recording and preservation
AT dQad nd Al far
tiers Of probate the appointment and qualification Of
personal representative. guardians, committees,
ators. and the settlement Of their accounts and in all
| matters relating to apprentices.
Is. All actions suits and proceeding not embraced
court when ths sres ssHes i. aas ssesef rh
the records and papers pertaining thereto well
all records and papers pertaining to such actions
Of by said courts shall be transmitted to and fled with
the clerk of the circuit of the county which
once all process outstanding at the time this article
goes into operation shall be returned and said clerk
| shall have the same power and shall perform the
same duties in relation to such records papers and
| proceedings as were vested in and required Of the
clerk Of the county COURT the day before this
tice shall take effect. All such actions, suits and
proceedings go pending as aforesaid shall be docket
ed, proceeded in, tried heard and determined in all
respects by the circuit court asf said suits and pro-
| ceedings had origina ted in SAID court
g6. The voters of each county shall elect clerk OF
the county court, whose term Of Office shall be six
| years. His duties and compensation, and the man
ner Of his removal, shall be prescribed by law. But
the clerks Of said courts now in oce, shall remain
therein for the term for which they have been elect
ed, unless sooner removed therefron in the manner
| prescribed by law.
27. Each county shall be laid Off into districts, not
less than three no more than ten in number, and as
nearly equal as may be in territory and population.
There shall be elected in each district. containing
Of the peace and II the population exceeds that
ber two such justices shall be elected therein Every
justice shall reside in the district for which he
elected and hold his Office for the term OF four years
| unless sooner removed in the manner prescribed by
law. The districts they exist shall remain till
| changed by the county court
| 2S The civil jurisdiction Of justice Of the peace
shall extend to sections OF Assumps debt, detnu e,
aud trover, If the amount claimed exclusive Of in
terest, does not exceed three hundred dollars. The
Jurisdiction OF justices OF the peace shall extend
throughout their county; they shah bs conservasos
OF the peace, and have sues jurisdiction and power
in criminal cases a. may be prescribed by law. And
justices of the peace fhsll have authority to take the
| acknowledgement of deeds and other wrItngs ad-
minister oaths and take and certify dispositions And
the legislature may give TO justices such additional
civil jurisdiction and powers within their respective
| counties q may be deemed expsdient. under such
regulations and restrictions may be prescribed by
general law, except that suits 10 recover money
damages their jurisdiction and powers shall in no
| case exceed three hundred dollars. appeals shall be
allowed from judgments OF justices OF the peace in
| such manner ss may be prescribed by law.
| % The legislature shan upon application OF any
county, REFORM alter modify the sounty court
thereof with the assent Of majority of The voters OF
| such county, voting at an election, create another
tribunal for the transaction Of the business required
TO he performed by the county court created by this
article; and in such ease, all the provisions in this
article in relation to the county court shall be app-
cable to the tribunal established in lieu OF said court
And when such tribunal has been established, il
shall continue to act in lieu OF tho coanty until
| otherwise provided by law.
| 30 Tbs offee si cotn missioner and justice Of the
| peace shall he deemed neom patiho. Vacancies in
the ONCE Of commissioner clerk Of the county court
sad justices Of the peace shall be Sled by tho county
court of the eouRty Until the next general election,
JoISr RKsoLurIoS proposing an amendment 10 the
| Constitution Of this State.
ResslCed BY the Legislature q We.t Vvrinid t,so-
thirds Of all ke elected 10 each House aqreeo
thereto: That the following be and the same is here
| by proposed amendment TO the Constitution OF
this etsts, to-wit:
That section thirteen. of article three. II Is.
be stricken out and tho following be inserted in lieu
| thereof ".
controversy exceeds twenty dollars, exclusive Of in