Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1880-07-17

law. And, until otherwise provided by law,
such clerk rs is mentioned in the twenty
sixth section Of this article, shall exercise
any powers and discharge any dnties here
toiore conferred on, or reqaired OF ny
court or tribunal established Tor judicial
purposes under the said article and section
of the constitution of one thousand eight
hundred and seventy-two, or the clerk OF said
court or tribunal respectively, respecting
the recording and preservation OF deeds ana
other papers presented for record, matters
OF probate, the appointment1and qualiilcd-
tion OF personal representatives, guardians.
committees, curators and the settlement ol
their accounts, and in all matters relating
10 apprentices.
25. All actions, suits and proceedings not
embraced in the next preceding section,
pending in county court when this article
takes elect, together with the records ard
papers pertaining thereto as well ~ all
records audpapers pertaining TO such ac-
tions, suits and proceedings, as have already
been disposed Of by said coults shall be
Transmitted to and fled with the clerk OF
the circuit court OF tie county 10 which
Office all process outstanding ut the time
this article goes into operation shall he
returned: and said clerk shall have tie
same power and shall perform the same
duties in relation to such records, papers
and proceedings as were vested in and re-
Orired Of the clerk OF the county court, ON
the day before this article shall take effect.
Allsuch actions, suits and proceedings so
pending rs Aforesaid, shall be docketed,
proc, edcd in, tried, heard and determined
in all respects by the circuit court, rs II
said suits and proceedings had originated
in said court.
%. Tlfe voters Of each county shali,eiect
a clerk OF the county court, whose term oil
Office shall be six years His duties ana
compensation, and the manner OF his re-
moyal, shall be prescribed lay law. Bnt
the clerks OF said courts, new in Office, shall
remain therin Tor the term for vi ich they
may have been elected, unltss sooner re-
moved lherclrom, in the manner prescribed
by law.
81. Each cornty shall be laid off into
districts. not less than three nor more than
ten in numbe and as nearly equal rs may
BE- in territory and population. There shall
be elected in each district containing a
population not exceeding twelve hundred,
one Justice Of the peace, and II lie popuia-
ton exceeds that number, two such justices
shall be elected therein. Every justice
SHALL reside in the district ior which he VS.
elected. and hold his Office for term OF four
wears. III less sooner removed III the manner
prescribed by law The districts as they
now exist, shall remain till changed by the
county court.
%. The civil jurisdiction OF a justice OF
the peace shall eStend to actions OF assump-
sit. deli, detnue and troyer, ii tie amour t
claimed, exclusive OF interest, docs not cx-
coed three hundred dollars. The jurisdic-
ton OF justices Of the peace shall extend
throughout their county; they shall he
conservators of the peace, ard have such
jurisdiction and power in criminal c,s's as
may be prescribed 10y law. Aud justices OF
the peace shall have authority TO take the
acknowledgment Of deeds and other writ
ings. administer oaths and take and certify
dcpositions. And the legislature may give
To justices such additional civil jurisdiction
and powers within their respective counties
As NAV be deemed exp6dient under such
regulations and restrictions rs may be
prescribed by general law, except that In
suits to recover money or damages theif
i,irisliction and powers shall IN no Cause
exceed three uuhuitu "'i'"''' - l'''~"i'
shall be allowed from Judgments Of just ces
Of the peace in sucn manner as may be
prescribed by law.
%. The legislature snail upon the appli-
cation Of any county, reform, alter or
modify the county court established 10y this
article in sach county, and in lien thereof,
with the assent Of majority al the OtorS
o. such county, voting nj an election, create
another tribunal for the transaction OF the
business required to lie performed by the
county court created by this article; and III
such case all the provisions o. this article
in relation to the eotuty coei, si'all be ap-
plicaLle to the tribunal established in, lieu
Of said court. And when such tribunal has
been established, it shall continue TO act in
lieu Of the county cou:t until otherwise
provided by law.
30. The office Of commissioned and JUS
,ice Of peace shall lie deemed iccom-
patible. Vacancies in the Office OF COM
missioner. clerk OF the county court and
justices ii the peace shall be filled by the
county count Of the county until the next
laGor.l election.
JOINr RESOLUTION pro. anenG-
ment to the constitution OF thiS state.
Resolved, 10y the legislature OF West
Virginia, two-thirds e all the Numbers
elected to each house agreeing thereto, That
The following be and the same is hereby