Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-09-11

70 no citizes Of ibis rtAts uho aided partici-
psted ia the ats war beweeA the Government the
I United States and part u the people thereof Oh
either side shan - liable in any proceeding civil
criminal; shall hi property be seized or sold IN
der FINAL process issued upon Judgment. or DEGREES
heTEtot0rs rendered otherwise, because Of any act
done in accordance with the usaees OF cIvfzed war
! fare IN the prosecution 81 "a The lez ieature
5haA provide b. general laws for giving l.il force
and effect to this section.
| 81 Such parts Of the common law and Of the
laws Of this state as are in force when this article
goes into operation, and not reruenaEt thereto,
ed repealed by The egisiatars. All civil ana GRIM
! insl suits and proceedings pending n tine former
circuit courts OF this state shall remain and be pro-
ceeaed IN before the circuit cosft the countie- il
| which they were pending.
! ccTSTY COURTS.
| y. There sAall he 10 each county OF the state
| County Court, composed % three commissioners,
| fer thetransacton Of business. Il shall hold four
| regular sessions in each year, at such times may
/ be hNed upon and entered Of recold by tie said
said court. Provisions msy be made by law for hold
| ing special sessions Of said csurt.
! ~. 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 bv lot or
| otherwise, in such manner they may determine
one Of their number who shall hold his Office for the
| term Of two years one for Conr vaars and one or
| six years, that shall be elected every two
| years. Bat no two Of said commissioners shall be
| elected from the same magisterial district. And ii
two or more persons residing in the same district
shall receive the greater number Of cast at any
election, then only the one OF such persons receiving
| the person living in another district, who shall
ceire the next highest number Of votes shall be de-
| elared elected. said commissioners shall annually
eIect one OF tnelr number as president, and each
shall receive 81 ger 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 pre-
sented for record in their counties. and the same
snail De preserved therein, or otherwise disposed Of
az now Is. or may be prescribed by law. They shall
have jurisdiction in all matters of probate, the APP
pontment and qualification of personal representa-
uyes, guardians, committees, curaofs, and the set
Element of their accounts AND in all matters relating
to apprentices They shall aisS under sue regull-
tons may be prescribed by law have the superin-
tendence and administration Of the internal police
and fiscal affairs Of their counties including the es-
Enlistment and regulation Of roads, ways BRIDGES
public landings, ferries and mills with authority
| lay and disburse the county eyies Prouded, That
Incorporated city, town or village shall be granted
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 members, and OF all county
and district officers 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 Wills
and for the appointment and qualification of person.
al representatives, guardians. committees and
tors during the Of the regular sessions Of the
| county court. Such tribunals az have been hereto
fore enthusiastically the legislature under and by viz
tue OF the thirty-ourh section OF the eighth article
Of the Constitution Of one thousand eight hundred
and seyenytwo, for police and fiscal purposes shall
| until otherwise provided by law, remain and
tinue as at present constituted in the counties ia
|
shall be and act to police and fiscal matters in lieu
of the county court ceated by this article until other
wise provided by law. Aald. until otherwise provd-
ed by law, such clerk as is mentioned in the twenty
sixth section Of this article shall exercise any powers
and discharge any duties heretofore conferred on
required OF any court or tribunal established for judi
cal purposes under the said article and section of the
Constitution Of one thousand eight hundred and sew
enty-two, or the clerk of said court tribunal
spectyey respecting the recording and preservation
of deeds and other papers presented fol- record mat
tiers OF probate the appointment and qualification of
personal representatives. guardians committees cur
ators and the settlement Of their accounts and in all
matters relating to apprentices
%. All actions, suits and proceeding not embraced
in the next preceding section pending in n county
court when this article takes effect together with
the records and papers pertaining thereto well
an records ana papers pertaining to such actions,
ofby said courts shall be transmitted to and MED Wlth
the clerk ofhe circuit court of the county to which
Office all process OUTSTANDING at the time mis- 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
| ticle shall take effect An such acfona suits and
| proceedings pending aforesaid shall be docket
ed, proceeded in tried, heard and determined in all
respects by the circuit court, ssf said suits and pro-
| ceedings had originated in sand court.
Vs. 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 nam
neI OF his removal, shall be prescribed by law But
the clerks of said courts in office, snail remain
therein for the term for which they have been elect
ed, unless sooner removed thsreirom IN the manner
| prescribed by law.
81 Each county shall be laid off into districts, not
| less than three more than ten in number, and
nearly equal rs may be ia territory and population
There shall be elected in each district, containing
population not exceeding twelve hundred, Justice
of the peace, and if the population exceeds that mum
ber two such Justices shall be elected therein Every
| Justice shall reside in the district for which he was
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
| %. The civil jurisdiction Of justice Of the peace
shall extend TO actions Of assnmpSt debt, detinue,
and tfoyer, II the amount claimed exclusive of in
| terest does net exceed three hundred dollars The
jurisdiction of Justices Of the peace shall extend
throughout their county; thsy shall bs conseryators
of the peace and have Hueh jurisdiction and power
IN criminal cases as may be prescribed by law. And
justices of the peace shall have authority to take the
| acknowledgement Of deeds and other writings, adj
minister oaths and take aud certify dispositions And
the legislature may give to justices such additional
civil jurisdiction and powers within their respective
| counties may be deemed expsdient, under such
regulations and restrictions may be prescribed by
general law, except that in suits money or
damages their jurisdiction and powers shall in no
case exceed three hundred dollars. Appeals shall he
allowed from judgments Of Justices OF the peace in
| such manner as msy be prescribed By law
| - The legislature shall upon application of any
county, reform alter modify the county court
tabshed by this article IN such county and in lieu
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 essnty created by this
| article; and in such case, all the provisions in this
article in relation to the county court shall be- appl
Gable to the tribunal established ia lieu of said court
| And when such tribunal has besh established it
shall continue TO act in lieu of the county until
1 otherwise provided by law.
30. The otfee vi commissioner and justice Of the
| peace shall be deened Incompatible. Vacancies in
the office Of commissioner clerk Of the county court
sRd Just ces of the peace sha be filled by ths county
court Of the county until the next general election.
Jolsr RESOLUTION proposing an amendment to the
Constitution OF this state.
Fcsslred b. ne Legislature Of West Virginia. tvo-
u ris OF all tie sSmber elected 10 eoek House nor4cng
thereto: That the following he and the same is here
by proposed as an amendment to the Constitution of