West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1880-07-10

second the counties OF Preston, Taylor,
barbour, Tucker and Randolph, the
third the counties Of WetZel, Tyler
Richie and DOddridge, tho fourth the
counties OF Wood, Writ and Pleasant,
tho NTH the counties o. Clay, Gilmer,
Jackson, ROane and Calhoun the sixth
tie counties OF Putnam, l<anawha and
Mason, the seventh; tho counties Of Cab
eI, Wayne. Lincoln and Logan the
eighth the counties of Mcdowell, Mer~
Ger, Raleigh, Wyoming and Boone. tho
ninth the counties OF GTeenOricr, Mons
roe, Summers, tayctte and POcbhontas,
tho tenth tho counties OF Upshur,
Lewis, BrnNtOn, Nicholas and Webster
the eleventh the counties OF Grant, liar,
dy, Hampshire, Mineral aud Pendleton,
the twol!th tho counties of Jefferson,
lierkeley and Morgan. the thirteenth.
il. The legislature may rCarpuge the
circnits herein provided for at any sos
sion thereof next preceding amy general
election o! tho Judges OF said circuits,
and after the year one thousand eight
hundred and eighty.e eight, may nj any
such session, increase or diminish the
number thereof,
10 Tho legislature shall provide by
law for holding regular and speciaI terms
OF the circuit courts, whore from any
| cause tho Judge shall fail To- attend, or. IL
IN attendance, cannot properly preside.
GENERAL PROVISIONS,
10. All judges shall be- commissioned
by the Governor. TIE salary OF Judge
Of the supreme court of appeals shall he
| two thousand two hundred dollars per
annum, and that OF Judge OF
| the circuit court shall loo one thOu>
sand eight hundred dollars per an.
| mum and each shall receive tho
| same mileage as mem crs of the Legis>
| lature. PrOUidcd, That Ohio county may
| pay an additional sum per annun To the
| judges of the circuit court thereof: but
such allowance shall not be increased or
| diminished during the term of office OF
tho judges tn whom IL may have been
made. No judge during his term Of ol-
flee shall practice the profession OF law
| or hold any other Office, appointment or
public trust, under this or any other
government, and the acceptance thereof
shall vacate his judicial Office. Nor shall
nc during his continuance therein be els
igible TO any political office.
II. Judges nav he removed from Of
flee by a concurrent vote Of both houses
of the Legislature, when from rye, dis
ease. mental or bodily iniirmity or in
temperance, they are Incapable of dis~
charging tho duties Of their Office. But
twoNthirds of all the members elected Ia
each house must concur in such vote.
and the cause of removal shall no en-
ter d upon the journal Ct each house,
The Judge against whom the legislature
may be about tn proceed shall receive
notice thereof, accompanied with tho
cause alleged for his removal, at least
twenty days before tho day on which ac>
ton is proposed to be taken therein.
Is. Tho voters of each county shall
elect "A clerk OF tho circuit court, whose
term of Office shall be six years /; his du-
ties and compensation aud the manner
of removing him from JfIice shall bo pre-
scniod by law; and when "A vacancy
shall occur in the Office, the circuit court
~ in in, I,,n a. "A
the same by appointment until the next
general election In any case in respect
to which the clerk shall be so stu ued as
To make ii improper for him to act. the
the sad court shall appoint clork to act
therein. The clerks of said courts i'm of
flee when this article takes effect, shall
remain therein for tho term for which
they were elected, unless sooner removed
IN the manner prescribed by law.
10 The Legislature may establish
courts of limited jurisdiction within any
county, incorporated city, town or vii
lago, with the right ofappcal to the cir
cult court, subject to such limitations MS
may be prescribed 10y law and all count
Ol Limited jurisdiction heretofore estab-
lishcd i'm any county, incorporated CITY.
town or village, shall en- in as mt pres
emit 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 tho Judge thereof, shall exercise, the
powers and jurisdiction heretofore con
fcrred upon them; and appeals in civil
cases from said court shall lie directly to
the supreme court of appeals
20. No citizen of this State who aided
or participated in the late war between
tho government of tho United States and
part of the people thereof on either side
shall bo liable In any proceeding civil or
criminal; nor shall his property he seiz-
oil = q To-. a.. 4
on judgments or DEGREES heretofore ren>
dered, or otherwise, because Of any act
done in accordance with tho usa0es OF
civilized warfare i'm tho prosecution of
said war. The Legislature shall provide
bv general laws, for giving full force and
effect ~ this section
q. 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
arc not repugnant thereto, shall be and
continue the law of the State until alter
cd or repealed by the Legislature. All
civil and criminal suits and proceedings
pending in the former circuit courts of
this State, shall remain and be pros
ceeded In tefOre the circuit cOnrtS of
the counties in which they were pend
ing.
COUNTY COURTS.
%. There shall be in each county of tho
State county court, composed Of three
commissioners, and two OF said commits
sioners shall ho quorum for the trans
action of business. 1t shall hold fuur
regular sessions in each year, at such
times as may be fixed upon and entered
of record by the said court Provisions
may be made by law for holding special
sessions Of said court.
23. The commissioners shall be elected
by the voters OF tho county, and hold
their Office for tie term Of six years, OK
cept that at the first meeting of said com
missOners thoy shall designate, by lot
or otherwise, in such manner, as they
may de,srmine, ono OF thor number.
who shall hold his office for the term of
two ycars, one for four years and ono for
six years, so that one shall DO elected
every two years But no two of said
commissioners shall be- elected from tho
same magisterigl district And III two or
more persons residing i'm tho same dis
trict shall receive tho greater number OF
votes cast at any election, then only tho
one Of such persons receiving tho highest
number shall bo declared elected. and
the person living In another district who
shall receive the next highest number of
votes, shall bo declared elected Said
commissioners shall annually elect ono
Of their number as president, and each
shall receive o por day for his services
ion court h bc paid out OF the county
treasury.
~ Tho county courts through their
clerks, shall have the custody of ALI