Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-10-09


der final process Issued upon Judgments or DEGREES
herstoors rendered, otherwise because OF sny act
done IN accordance with the u.sges OF civilized war
fare in the prosecution Of said war. The legislature
shall provide By general laws for giving full force
and effect 10 ths section.
81. such parts Of the common law and Of the
laws Of this state are in force when this article
goes into operation, and repugnant thereto
shall be and continue the law Of the state until alter
ed or repealed by the Legislature All civil and GRIM
inal suits and proceedings pending in the former
~ s,i's e@tv Nfio'A iobalu Emu De pro-
ceeded IN before the circuit court. Of the counties in
which they were pending.
cOuETY COURTS.
p. There shall be in each county Of the State
County Court, composed Of three commissioners
for the transaction OF business. 1t shall hold four
regular sessions in each year. at sucE times a. may
~ 49, upon anu entered OF record by the SAID
SAID court Provisions may be made by law for hold
ing special sessions Of said court.
~ The commissioners shall be elected by the
voters OF the county, aud hold their Office for the
term OF Fix years, except that A. the first meotng Of
said commissioners they shall designate, by lot or
otherwise, in such manner they may determine
one Of their number who shall hold his Office for the
term OF two years, 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 from the same magsterial district. And if
two or more persons residing in the same district
shall receive the greater number Of votes at any
election then only the OF such persons receiving
the highest number shall be declared elected and
the person living in another district who shall re-
ceiVe the next highest number Of votes, shall be de-
clared elected. Said commissioners shall annually
elect one OF their number as president. and each
shall receive 81 per day for his services in court
be paid out of the county treasury.
a. 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
shall be preserved therein otherwise disposed Of
as now IS or may be prescribed by law. They shall
pointment and qualification Of personal representa-
tyes, guardians, committees, carators and the set
Element of their accounts, and in all matters relating
to apprentices They shall, also, under such regula-
tions may be prescribed by law have the superin-
tendence and administration of the internal police
and fiscal affairs of their counties, including the
adjustment and regulation Of roads, ways, bridges
public landings. ferries and mills, with authority to
lay and disburse the county leye5. Prouidcd, That
license for the sale of intoxicating liquors in any
Incorporated city, town village, shall be granted
without the consent of the municipal auth critics
thereof, frs, 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 nj otherwise, as may be prescribed by law.
And provision may be made, under such regulations
may be prescribed by law fsS the probate Wills
and for the appointment and qualification of person.
al representatives, guardians committees and cura-
tors during the recess of the regular sessions of the
county court. Such tribunals as have been hereto
fore established by the legislature under and by viz
tue of the thirty section Of the eighth article
OF the Constitution OF one thousand eight hundred
and seventytwo, for police and fiscal purposes, shall
until otherwise provided by law, remain and con-
tinue at present constituted in the counties in
which they have been respectively established, and
shall be and ac to police and fiscal matters in lieu
of the county court created by this article until other
wise provided by law. And, until otherwise proyid-
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
ca purposes under the said article and section of the
Constitution of one thousand eight hundred and
enty-two, or the clerk of said court tribunal re-
spectvey respecting the recording and preservation
of deeds and other papers presented for record mat
tiers OF probate the appointment and qualification of
personal representatives, guardians, committees,
ators and the settlement of their accounts and in all
matters relating to apprentices.
g. All actions suits and proceedings not embraced
in the next preceding section, pending in county
court when this article takes effect, together with
the records and papers pertaining thereto well
all records and papers pertaining to such actions,
suits and proceedings as have already been disposed
of by said courts shall be transmitted and filed with
the clerk ofthe circuit court of the county to which
office 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 so pending as aforesaid shall be docket
ed proceeded in tried heard and determined in all
respects by the circuit court af said suits and pro-
| ceedings had originated in saId court.
e6 The voters eff 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 Office snail remain
therein for the term for which they have been elect
ed, unless sooner removed thererom, in the manner
prescribed by law.
81 Each county shall be laid Off into districts not
less than three no more than ten in number, and
nearly equal as may be in territory and population.
There shall be elected in each district. containing
population not exceeding twelve hundred, justice
Of the peace and i the population exceeds that num-
ber two such justices shall be elected therein Every
justice shall reside in the district for which he was
elected and held his office for the term Of four year
unless sooner removed in the manner prescribed by
law. The districts as they exist shall remain till
| changed by the county court.
%. The civil jurisdiction Of justice of the peace
shall extend TO actions OF assumpsit debt, detinue
and tfoyer IL 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 shall be conservators
OF the peace, and have sues 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, 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 AS may be deemed oIpsdient, under such
regulations and restrictions as may be prescribed by
general law except that in suits 80 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 as may be prescribed 10y law.
| %. The legislature shall upon application Of any
county, reform, alter or modify the county court
taolished by this article in such county and in lieu
thereof with the assent Of majority Of the of
sueh county, voting at an election, create another
tribunal for the transaction Of the business required
to be performed by the county court created by this
| articles and in such case, all the provisions in this
article in relation to the county court shall DO app-
cable to the tribunal established in eu of said
| And when such tribunal has been established it
shall continue to act in lieu Of the county until
| otherwise provided by law.
| 80. The office OF commissioner and justice Of the
| peace shall be deemed incompatible. Vacancies in
the office Of commissioner clerk OF the county court
and justices Of the peace shall be filled by the county
court Of the county until the next general election
| JoISr RESOLUTION proposing an amendment TO the
| Constitution Of this State.
! Resolved By the Legislature Of West Viyginia tvo-
thirds Of all the members elected 10 each House aqrecnq
thereto That the following be and the same is here
| by proposed amendment TO the Constitution Of
| this stste. tO-wit:
That section thirteen, Of article three It now is
be stricken out and the following be inserted in lieu
| thereof:
| "l3. In suits at common law where the value in
controversy exceeds twenty dollars exclusive Of in
terest and COSTS the right of trial by jury required
by either party shall be preseryed and in such suit
before Justice, jury may consist of six persons
No fact tried by jury shah be otherwise examined
| mon law July B. lsS0-3m.
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