The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1880-08-25

+ ton Of the judges Of said circuits, and after
the year one thousand eight hundred aud
eighty-eight, may At any such session, M
crease OF diminish the number thereof
10. The legislature shah provide by law
for holding regular and special terms Of
the circuit courts, where from any cause
| the judge shall fail 10 attend, or, il in at
tendance, cannot.properly preside.
GENERAL PROVISIONS
1B. Alljudges shall be commissioned by
the Governor. The salary Of q Judge Of
OF the supreme court Of appeals shall be
two thousand two hundred dollars per an
mum, and that OF q Judge OF the circnit
court shallbe one thousand eight hundred
dollars per annuIn; and each shall receive
( the same mileage as members Of the Legis-
lature, Pntided, That Ohio county may
pay an additional sum per annum to the
judges OF the circuit court thereof; but
such allowance shall not be increased or
diminished during the term OF Office Of the
judges TO whom It may have been made
No Judge during his term OF office shall
practice the profession Of law OF hold any
other Office, appointment or public tlust,
under this or any other government, and
the acceptance thereof shall vacate his jul
dicial office. Nopshall he during his con-
tinuance therein,be eligible to any political
office.
II. Judges may be removed from Office
by a concurrent vote OF both houses OF the
legislature, when from age, disease, mem
tai or bodily inirmity or intemperanceJ
they are incapable OF dischargihg the du-
ties OF their Office. But two-thirds OF all
the members elected to each house must
concur in such vote, and the cause Of re-
moyal shall be entered upon the journal Of
each house. The Judge against whom the
Legislature may be about to proceed shall
receive notice thereof, accompanied with
the cause alleged for his removal, at least
twenty days before the day on which action
is proposed to be taken therein.
Is. The voters Of each county shah elect
q clerk OF the circuit court, whose term OF
Office shall be. six years; his duties and
compensation and the manner Of removing
him from Office shall be prescribed by law;
and when a vacancy shall occur in the of
fee, the circuit court or the judge thereof
in vacation shall I'll the same by appoint
nient until the next general election. In
any case in respect to which the clerk shall
be so situated as to make 1t improper for
him to act, the said court shall appoint a
clerk TO act therein. The clerks Of said
courts in Office when this article takes eff
| feet, shall remain therein for the term for
which they were elected, unless sooner re-
moved in the manner prescribed by law.
10. The Legislature may establish courts
OF limited jurisdiction within any county,
incorporated city, town orvillage, with the
right OF appeal to the circuit court, subject
to such limitations as may be prescribed
by law; and all courts OF limited iurisdic-
| ton heretofore established in any county,
Incorporated city, town or village, shall re.
main as at present constituted until other
wise provided by law. The municipal
court OF Wheeling shall continue in exist
ence until otherwise provided by law, and
said court and the judge thereof, shall ex-
ercise powers and jurisdiction heretofore
conferred upon them; and appeals in civil
cases from said court shall lie directly to
to the supreme court OF appeals.
/ 20. No citizen OF this State who aided or
participated in the late war between the
government OF the United States and part
OF the people thereof on either side, shall
be liable in any proceeding, civil or crimi-
nal; nor shall hisproperty be seized or sold
under final process issued upon judgments
or DEGREES heretofore rendered, or other
wise, because OF any act done in accord
ance with the usages of civil warfare in
the prosecution Of said war. The Legisla-
ture shall provide by general laws, for Civ
ing full force and effect to this section.
Il. Such parts OF the common law, and
OF the laws OF this State as are in force
when this article goes into operation, and
are not repugnant thereto, shall be and
continue the law Of the State until altered
or repealed by the Legislature. All civil
and criminal suits and proceedings pend
| ing in the former circuit courts OF this
State, shall remain and be proceeded in
before the circuit courts OF tue couGties in
which they were pending.
COUNTY COURTS.
%. There shall be in each county OF the
State county court, composed OF three
commissioners, and two OF said commits
sloners shall be quorum for the transac-
Ition OF business, 1t shall hold four regl-
lar sessions in each year, at such times Us
may be fixed upon and entered OF record
| 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 OF the county, and hold their
office for the term of six years, except that
at the first meeting of said commissioners
they shall designate, by lot or otherwise,
IN such manner, as they may determine,
one OF their number, who shall hold his
office Tor 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 IRON the same magisteral district.
And II two or more persons residing in the
same district shall receive the greater num-
Der oil votes cast at any election then only
the one OF such persons receiving the high
est number shall be declared elected, and
the person living in another district, who
shall receive the next highest number of
votes, shall be delared elected. Said CON-
mlssloners shall annually elect one OF their
number us president, and each shall re-
ceiye 20 per day for his services in court,
to be paid out Of the county treasury.
n 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 pre-
served therein, or otherwise disposed Of,
as now is, or may be prescribed by law
They shall have jurisdiction in all matters
OF probate, the appointment and qualifca-
ton OF personal Representatives, guardians,
| committees CtlrAtors and the gettlemant