Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-08-07


pated in the late between the Government OF Ia,
either side shall Re liable in any trodeedins eyil a
erimiuaI nor shall bis property be seized or sold D.
DER maj process issued upon judgments DEGREES
herstofore rendered otherwise because Of any ac
done in accordance with the ussges Of civilized war
iare IN the prosecution Of sa The legislature
shah provide by general laws for giving full force
and effect 10 this section.
81. Such parts Of the common law and Of the
laws Of this State az are in force when this sr4cs
goes into operation and are not repugnant thereto
shall be and continue tho law Of the until alter
ed repealed by the legislature All civil and Grim
maj cults and proceedings pending in the former
circuit courts Of this State shall remain snd be pro-
ceeded IN before the circuit cosfts OF the counties in
| which they were pending.
covxTY COURTS.
q. There shall he in each coun ty of the State A
| County Court. composed OF three commissioners
and two of said commissioners shall be quorum
for the Transaction Of business. 1t shall hold four
regular sessions in each year. at such times as may
| he hxed upon and entered Of record by the raid
said court Provisions may be made by law for hold
%. The commissioners shall be elected by the
voters of the county, aud hold their office for the
term OF SIX years. except that at the first meeting OF
said commissioners they shall designate, 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, 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 magistefial district And If
two or more persons residing in the same district
shall receive the greater number of votes cast al
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-
ceiye 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 to
| 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 countless and the same
shall be preserved therein. otherwise disposed Of
as now IT, or may be prescribed by law. They shall
have jurisdiction in all matters Of probate the APP
pontmen and qualification Of personal representa-
lives, guardians, committees curstors, and the set
Element of their accounts and in all matters relating
to apprentices. They shall, ale under sue recula,
tons rs may be prescribed by law, have the supsrn
and fiscal affairs of their counties, including the es
Enlistment and regulation Of roads, ways bridges
public landings ferries and mills, with authority to
no license for the sale of intoxicating liquors in any
incorporated city, town or 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 own members, and Of all county
and district officers. subject TO such regulations by
appeal ar otherwise, may be prescribed by law.
And provision may be made, under such regulations
as may be prescribed by law for the probate Of 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 estabshedby the legislature under and by vir-
tue OF the thrty-ourh section of the eighth article
of the Constitution OF one thousand eight hundred
and seventy-two, for police and fiscal purposes shall
until otherwise provided by law, remain and con-
which they have been respectively established, and
shall be and act as to police and fiscal matters in lieu
ofthe county court created BY this until other
wise provided by law. And, until otherwise proyid-
ed by law such clerk is mentioned in the twenty
sixth section OF this article, shall exercise any powers
and discharge any duties heretofore conferred on OF
required OF any court or tribunal established for Judi
cs purposes under the said article and section OF the
Constitution of thousand eight hundred and sew
entytwo, or the clerk Of said court or tribunal re-
spectivey respecting the recording and preservation
deeds and other papers presented for record. mat
tiers OF probate the appointment and qualification of
personal representative guardians committees cur
ators and the settlement of their accounts and in all
matters relating to apprentices.
rs AL 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 rs
all records and papers pertaining to such actions,
suits and proceedings as have already been disposed
of by said courts shall be transmitted to and fled with
the clerk ofthe circuit cours of the county to which
once 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
tice shall take effect. All such actions suits and
proceedings SO pending as aforesaid shall be docket
ed, proceeded in. tried heard ana determined in all
respects by the circuit court asf said suits nd pro-
| ceedings had originated in SAID court
B 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 tbs man
ner Of his removal, shall be prescribed by law. But
the clerks of said courts in Office shall remain
therein for the term for which they have been elect
ed, unless sooner removed therefr0m, in the manner
prescribed by law.
a. Each county shall be laid off Into districts. not
less than three more than ten in number and as
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 4 the population exceeds that num-
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 as they exist shall remain till
| changed by the county court.
%; The civil jurisdiction Of justice of the peace
snail extend TO actions or assumpsit, debt detinue
and troyer If the amount claimed exclusive of in
4 terest does not exceed three hundred dollars. The
throughout their county; they shall be conservators
Of the peace and have rueh jurisdiction and power
justices OF the peace shall have authority to take the
| acknowledgement OF deeds and other writings, ad-
minister oahs, and take and certify depositions And
the legislature may give to justices such additional
civil jurisdiction and powers within their respective
counties AS may be deemed expedient under such
regulations and restrictions may be prescribed by
general law except that in suit TO recover money
| damages their jurisdiction and pewers shall in no
case exceed three hundred dollars. Appeals shall be
| allowed nom judgments of justices OF the peace in
| such manner as may be prescribed by law.
| ~. The legislature shall upon application of any
county, reform, alter or modify the county court
tablshed by this article in such county and in lieu
thereof with the assent off majority OF the voters of
such county voting ct an election create another
tribunal for the Transaction Of tho business required
to be performed by the county created by this
artcle and in such case all the provisions in this
article in relation to the county court shall be sppli-
cable 10 the tribunal established in isu Of said
| And when such tribunal has been established, it
shall continue TO act in lieu of the county court until
| otherwise provided by law.
| "a. The Office OF commissioner and justice Of the
| peace shall he deemed Incompatible. Vacancies in
the office Of commissioner clerk Of the county
and justices OF this peace shall be filed by the county
court Of the county until the general election
Joxr RKsoLuTtoE proposing an amendment to the
| Constitution OF this State.
ResolceS BY The legislature Of Hest Viroind, ttoo-
thirds Of all the members elected 10 each Hotse agreeing
thereto That the following be and the is here
by proposed amendment to the Constitution Of
| this etnte to-wit:
That ,ecson thirteen. of article three as II now Is
be stricken out and the following be inserted in lieu
| thereof;
controversy exceeds twenty dollars exclusive OF in
terest and COSTS the right OF trial by jury required
by either party shall be pressrsed and Ia euch suit
before Justice, jury may consist Of six persons
No fact tried by jury shall be otherwise examined
in any than according 10 the rules Of the COM