West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1880-07-03

be during his continuance therein be els
igible TO any political Office.
IL. Judges nav DO removed from Of
hco by a concurrent vote OF both houses
OF the Legislature. when from Sge, dis
case. mental or bodily inhrmiiy or in
temperance, they are inca pable OF dis
charging the duties of their Office. But
twoNthirds of all tue members elected To-
each house must concur i'm such vote,
and the cause OF removal shall be en-
ter upon the jouual q each house.
The Judge against whom the legislature
may be about 70 proceed shall receive
notice there I, accompanied with the
cause alleYe cd for his removal at least
twenty days before the day on which ac>
ton Ia proposed 10 be taken therein.
IL. The voters OF each county shall
elect n clerk of the circuit court, whose
term OF office shall be six years I; hi du-
ties and compensation and tho manner
Of removing him from Office shall he pre-
scril'ed by law; end when vacancy
shall occur in the Office, the circuit court
or the judge thereof in V. cation shall fill
the same by appointment until the next
general election. In any case in respect
To which the clerk shall be 30 stu Itel ~
TO make 10 improper for him to act the
the said court shall appoint clerk To- act
therein. Tho clerks " said courts in Of
flee when this article takes effect, shall
remain therein the term for which
they were elected. unless sooner removed
in the manner prescribGl by law.
80. Tho Legislature may establish
courts OF limited Jurisdiction Wit. i'm any
county, Incorporated city, town or vii.
inge, with the right Of appeal 10 tho cir
cult court, subject To such limitations ~
may bo prescribed by law; and all coui T.
OF limited jurisdiction heretofore estab-
lished i'm any county, Incorporated city
town or village, shall EN- in as at pres
ent constituted until otherwise provided
by law. Tho municipal court Of Wheel
ing shall continue in existence until 9th
| erwise provided by law, and said court
and the judge thereof, shall exoyvisu the
powers and Jurisdiction heretofore con
forred upon them; and appeals i'm civil
| cases from said court shall lie directly to
| the gu promo court OF appeals,
] 20. No citizen of this State who aided
| or participated In the late war between
the government of the United States ana
| "a part Of the people thereof on either side
shall no liable in any proceeding, civil or
| criminal; nor shall his property be seiz-
| cd or sCid under final process issued up-
on Judgments or deere IS heretofore rem,
| dered, or otherwise, because Of any act
| done in accordance with the usages O
| civilized warfare in the prosecution of
said war. The Legislature shall provide
| bY general laws, for giving full force and
i effect to this section.
Fl. Such parts OF the common law, and
| oil the laws of this State as are i'm force
when this article goes into operation, and
| are not repugnant thereto, Shall be and
| continue the law of the State until alter
ed or repealed by the Legislature. All
civil and criminal suits and proceedings
| pending in tho former circuit courts of
this State, shall Iouiain aud be pros
| ceeded in tefDre the circuit conrts of
tho counties IN which they were pend
| ing.
| COUNTY COURTS.
| %. There shall he in each comfy of the
| Stale a county court, composed Of three
commissioners, aud two Of said commits
| SiOnerS shall bo quorum for tho trans
action of business. 1t shalt hold f. ur
| regular sessions in each yeat, at such
| times as may 10 ilxel upDi and entered
| Of record by the said court. Provisions
may be made by law for holding special
| sessions of saip court.
%. The commissioners shall DO elected
| by the voters of tho county, aud hold
| their Office for the form Of six years. OK
| cept that 1T the first meeting OF said COM
| missiOneIS they shall designate, bv 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 tour years and one for
| six years, SO that ono shall lie elected
| every two years But no two of said
! CON missioners snail be elected from the
! same InaRiSteriUl dj trict. And il two or
! morS persons residing in the Same dis
| trict shall recc We the greater number ~
| votes cast AZ any election, then only the
one of such persons receiving the highest
number shall be declared elected, and
| the person living in another district. who
! shalt receive the next highest number of
vOt =, shall he declared elected. Said
| commissioners shall annually elect ono
of their number ns president and each
| shall receive 81 per day tor his services
IN court, To be paid out OF the county
| treasury.
n. The county courts Il rough their
clerks, shall have the custody OF all
deeds and other papers presented for 4, e.
ORD III their counties, and tle Same sha.
| be preserved therein, or otherwise dis
posed Of, ns now Is, or may he pr, serb, Il
by law. They shall have Jurisdiction i'm
all matters oil probate, the appoiutmei
and qualification of personal representa-
| tivos, guardians, committees. curator
| and the settle ment OF their accounts, az Il
| and in matters rel ting To apprent,-
ces. Thoy shall also. under such regu-
| lauonS ~ may bo preSCi ibOd by law
have the superintendcnce and admiIi.,-
| tration of the informal police and fiscal
| affairs of their counties, includi q the
establishment and regulation OF roads.
ways, bridges, public landings, ferries
and mills, with authority to lay and dis
| burSo tho county ieVies. Pgopnf3d
| That no liconSe for the salo Of iutox!ca,
| ting liquors in any incorporated city
| town or village, shall he granted with
| ont the consent OF the municipal auihori-
| tes thereof, FIRST had and Obtained.
| Ihoy 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 reg-
nIHtions, by appeal or otherwise, as may
| DO prescribed by law. Such courts uaY
exercise snch other powers and perform
| such Othor duties, not Of n judicial ma
| ture, rs may be prescribed by law.
! And provision may bo made, under
| such regulations as may bo prescribed
| by law, for the probate OF Will, and for
the appointment and quaiiii, alton Of per-
| sonal representatives, guardians, COM
| nllttees and cnratOrs during Tho recess
| OF the regular sessions OF the county
court. Such tribunals as have been
heretofore established by tho legislature
| under and by virtue Of tho thirty-fourth
| section q the eighth article of tic Con-
stituuon of one thousand eight hundred
ana soyenty~two, for pclico and fiscal
| purposes, shall, until otherwise proyi-
| ded by law, remain aud continue Us at
| present constituted i'm the counties i'm
when tley have been respectively es~
taphshedi and shall be and act as to DO
nee anu fiscal matters in lien OF the
| county court created by this article un-
| vi otherwise provided by law. And IN.
VI Otherwise provided by law, such
clerk as Is mentioned in tho twentys
sixth section OF This article. shall oxer-
| clso any powers aud discharge any dus
affsff. r.. a