Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-18


| tsrm tpfwhich they were elected, unless sooner
removed In the manner prescribed by Law.
10, The Legislature may establish courts Of
limited Jurisdiction within any county, incor:
appeal to the circnt court, subject to such limi-
| tatons as may be prescribed by law: and all
courts OF limited jurisdiction heretofore estab-
lished In any county. Incorporated city. town or
| village shall remain as at present constituted
until otherwise provided by law. The mum.
cipal court OF wheeling shall continue in exist
ense until otherwise provided by law. and said
powers and jurisdiction heretofore conferred
| upon them; and appeals In civil cases from said
court shall lie directly 10 the supreme court Of
appeals.
~. No citiz this State who aided or par.
ticipated In the late war between the govern.
ment OF the United States and Part of the peo-
pie thereof on either side shall be liable in any
proceeding, civil, or criminal; nor shall his prop
city be seized or sold under final process issued
upon judgments or degrees heretofore rendered.
or otherwise, because OF any act done In accord
ance with the usages Of civilized warfare in the
prosecution OF said war. The Legislature shall
provide by general laws for giving full force and
| effect TO this section.
q. Such parts OF the common law, and OF the
laws Of this state as are in force when this arti
| Gle gses 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until altered or repealed by the legislature.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 the counties in which they
were pending.
COUNTY COURTS
D. There shall be in each county OF the State
| q county court, composed OF three commission
ems, and two OF said commissioners shall he
quorum for the transaction OF business. II shall
hold four regular sessions in each year, at such
times as may be fixed upon and entered of rec.
ori by the said court. Provisions may be made
by law for holding special sessions Of said
court.
q The commissioners shall be elected by the
voters OF the county and hold their office for
tbe term OF SIX years, except that at the first
meeting OF said commissioners they shall desig'
nate. by lot or otherwise in such manner. as
they may determine. one OF their number, who
shall hold his Office for 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 from
| the same magistefal district. And II two or
more persons residing n'the same district shall
receive the greater number OF votes cast at any
election, then only the one Of such persons re-
oeiving the highest number shall be declared
elected and the person living in another district,
who shall receive the next highest number Of
votes, shall be declared elected Said commits
| sioners shall annually elect one of their num-
| Der as president. and each shall receive s. per
day for his services in court, 10 be paid out Of
| the county treasury.
o. The county courts through their clerks
| shall have the custody OF all deeds aud other
| papers presented for record In their counties,
and the same shall lie preserved therein. or
otherwise disposed of, a. now IN, or may be pre-
| scribed by law. They shall have jurisdiction in
| all matters OF probate, the appointment and
qualification OF personal representatives guardi
! ans, committees, curators and the settlement OF
their accounts, and in Gil matters relating 10 APP
| prentices, They shall also, under such regula
| lions rs may be prescribed by law, have the
superintendencc and administration OF lne ~
ternal police and fiscal affairs OF their counties
| including the establishment and regulation OF
| roads. ways. bridges, public landings, ferries
| and mills. with authority 10 lay and disburse
| the county levieS. ProridCd, That no license
for the sale OF intoxicating Liquors in any incor
porated city, town or village. shall be granted
| without the consent of the municipal authOr-
| ties thereof, first had and obtained. They shall
in all cases OF contest, judge of the election,
qualification and returns of their own members,
and of all county and district officers, subject TO
| such regulations, 10y appeal or otherwise, as
| may be prescribed by law. Such courts may eX
| ercisc such other powers and perform suCh sther
| duties, not OF judicial nature, rs may be pre-
| scrbed by law. And provision may be made,
| under such regulations AS may he prescribed by
law for the probate al wills and for the appoint
| ment and qualification OF personal representa-
| tives guardians. committees and curatOrs dur
ing the recess OF the regular sessions OF the cOun.
| ty court. Such tribunals AS have been hereto
| fore established by the legislature under and by
| virtue OF the thirtyfOurth section OF the eighth
article of the Constitution az one thousand eight
| hundred and Seventy-two, for police and fiscal
purposes, shall until otherwise provided by law,
remain and cOn,innc as nj present COnSlltLtciin
| the counties in which they have been rcSpoc-
| tfycly established. and shall be and act as 10
| police and fiscal matters i'll lieu al the county
| court created by this article until otherwise pro.
| yided by law. And, until otherwise provided
| by law, such clerk ss i mentioned in the TWEEN
ty-sixth section of this article shall exercise any
| powers and discharge any duties heretofore con.
| ferred on or required Of any court or tribunal
| tall iShn fNrt uHirial nnIlr
| 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 pres
ervatioA OF deeds and other papers presented for
| record, matters Of probate, the appointment ana
| qualification of personal representatives, guar
dams. committees, curators and the settlement
OF their accounts, and in all matters relating to
| apprentices
| p. All actions suits and proceedings not EN-.
! braccd i'm the next preceding section, pending
! in a county court when this article takes effect
| together with the records and papers pertaining
thereto ~ well ~ all records and papers pertain
| ing TO such actions, suits and proceedings. a.
have already been disposed OF by said courts
shall De transmitted 10 and filed with the clerk
of the 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 pen
form the same duties in relation To such records,
papers and proceedings rs were vested in and re-
court, on the day before this ar
ticle shall take effect All such actions,
suits and proceedings 50 pending ~ aforesaid;
shall be docketed, proceeded in, tried heard
and determined IN all respects by the circuit
court As II said suits and proceedings had origi'
mated In said court
70 The voters OF each county shall elect
clerk OF the county court, whose term OF olhce
shall be six wears His duties and comPenSa'
ton and the manner Of his removal, shall be
prescribed by law But the clerks oi said courts,
now In Office, shall remain therein for the term
for which they have been elected, unless sooner
removed thereiIOm, in the manner prescribed
by law.
y. Each county shall be laid of into districts,
not less than three nor more than ten in mum
Der and ~ nearly equal rs may be in territory
and population. There shall be elected In each
district containing population not exceeding
twelve hundred, one justice OF the peace, ana II
the populati exceeds that number, two such
justices shall be elected therein Every justice
shall reside in the district iur which he was ell
ected and hold his Office foi term OF four years,
unless sooner removed in the manner prescribed
by law. The districts rs they now 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 trover, II the amount claimed, ex'
elusive OF interest, does not exceed three hun
dred dollars The Jurisdiction OF justices OF the
peace shall extend throughout their county:
they shall he ConScrvatOrs OF the peace, AMI
have such jurisdiction and power III CRIMINAL
cases as may bc prescribed by law. And justices
OF the peace shall have authority 10 take the
ack now lc,lgment Of deeds and other writings,
administer oaths. and take aud certify deEOsi'
tons. And the legislature may give tn justices
such additional civil jurisdiction and powers
within their respective counties a. may be- deem
ell expedient. under such regulations and re
striCtiOnS ~ may be prescribed by general law,
except that in suits TO recover money or damages
their Jurisdiction and powers shall IN no case
exceed three hundred dollars. Appeals shall be
allowed from judgments oi justices OF the peace
I'm such manner n may be prescribed by law.
%. The legislature shall upon the application
of any county. reform, alter or modify the Coun-
Nv court established by thi- article in such
county and in lieu thereof, with the assent OF
A majority of the voters of such county, voting
At an election. create another tribunal for the
transaction OF the business required To be per
formed BY the county court created by this aru'
Gle: and in such case, all the provisions OF this
article in relation To the county court shall be
applicable TO the tribunal established in lieu OF
said court And when such tribunal has been
established, II shall continue 10 act in lieu OF
the county court until otherwise provided by
law.
so The Office of commissioner and justice NJ
peace shall be deemed Incompatible Vacancies
In the Office Of commissioner, clerk OF the coun.
~ court and justices Of the peace shall be filled
by the county court OF thS county until the next
general election.
JoISI RESOLUTION proposing an amendment
TO the Constitution OF this State.
RfSOrSi bV tt> LEGISLATURE Of Wci Virginia,