Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-19


removed IN the manner prescribed by Law.
10, The Legislature may establish courts O
| limited Jurisdiction within any county, incor
poated city, town or village with the right O
appeal to the circnit court. subject to such limi
tations as may be prescribed by law; and al
courts Of limited Jurisdiction heretofore estab
lished In amy county incorporated city. town Of
village, shall remain As At present constituted
| cipal court Of wheeling shall continue in exist
| enee until otherwise provided by law, and said
court and the judge thereof, shall exercise the
| powers and jurisdiction heretofore conferred
upon them and appeals In civil cases from said
court shall lie directly to the supreme court Of
appeals.
~. No citiz this State who aided or par
ticipated in the late war betw cen 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
e.ty 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
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 gees into operation, and are not repugnani
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| until altered or repealed by the legislature All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
sifdll III DtIOIt Ult
circuit courts OF the counties In which they
were pending.
COUNTY COURTS.
-. There shall be in each county OF the St.te
q county court, composed OF three commission
ers, and two OF said commissioners shall be a
quorum for the transaction OF business. 1t shall
hold four regular sessions I'm each year. at such
times as may be fixed upon and entered OF rec
ord by the said court. Provisions may be made
by law for holding special sessions OF said
court.
% The commissioners shall be elected by the
voters of the county, and hold their Office for
TIE 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 magisteral district And II two or
more persons residing in'the same district shall
receive the greater number OF votes cast at any
election, then only the one of such persons re-
ceving 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 rs president, and each shall receive 8, per
day for his services in court, 10 be paid out OF
the county treasury.
q. The county courts through their clerks
shall have the custody OF all deeds and other
papers presented for record In their counties,
and the same shall be preserved therein, or
otherwise disposed Of as now is, or may be pre-
scribed by law. They shall have jurisdiction In
all matters of probate, the appointment and
qualification OF personal representatives. guard.
ans, committees, curaiors, and the settlement OF
their accounts, and in ell matters relating to APP
prentccs. They shall also, under such reSula-
lions as may be prescribed by law. have the
superintendent and administration OF the IN
~. 4.
including the establishment and regulation OF
roads, ways, bridges, public landings, ferries
and mills. with authority TO lay and disburse
the county levies. PrOrided 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 authori-
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 Ia
such regulations, by appeal or otherwise, as
may be prescribed by law. Such courts may ex
erCise such other powers and perform such sther
duties. not OF judicial nature, as may be pre-
sCribed by law. And provision may be made,
under such regulations as may be prescribed by
law, for the probate Oi Wills aud for the appoint
ment and qualification OF personal representa-
tiycs, guardians, committees and curators dur
ing the recess of the regular sessions OF the coun.
ty court. such tribunals rs have been hereto
fore established by the legislature under and by
virtue Of the thirty-fourth 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 continue rs at present constituted III
the counties in which they have been respcc-
lively established, aud shall be- and act rs 10
police and fiscal matters in lieu OF the county
court created by this article until otherwise pro.
yided by law. Aud, until otherwise provided
by law, such clerk ~ is mentioned in the TWEEN
tysixth section of this article shall exercise any
powers and discharge any duties heretofore con.
.,f t,rI fril. nal
established for judicial purposes under the said
article and section Of tho constitution OF one
thousand eight hundred and seventy-two, or
the clerk OF said court or tribunal
respectively, respecting the recording and pres
cryaloH OF deeds and other papers presented for
record, matters Of probate, the appointment and
qualification Of personal representatives, guar,
dams, committees, curators and the settlement
oftheir accounts, and In all matters relating to
apprentices
-. All actions suits and proceedings not EN-.
bracci in the next preceding section, pending
in a county count when this article takes effect,
together with the records and papers pertaining
thcrctOas well as all records and papers pertain
ing Ia such actions, suits and proceedings as
have already been disposed Of by said courts
shall De transmitted To and flied with the clerk
Of the circuit court OF the county to which ofice
all process outstanding at The Time this article
goes into operation shall be returned: and said
clerk shall have the same power and shall per
form the same duties in relation TO such records,
papers aud proceedings "a were vested in aud re-
quircd of the clerk OF the county
ticle shall take effect All such actions.
suits and proceedings ~ pending rs aforesaid.
shall be docketed, proceeded In, tried, heard
and determined in all respects by the circuit
court as II said suits and proceedings had orlgi-
mated in said court
26. The voters Of each county shall elect
clerk of the county court. whose term OF Office
shall be six years His duties and compensa.
ton, and the manner 81 his removal, shall be
prescribed by law. But the clerks OF said courts,
now in office, shall remain therein Tor the term
for which they have been elected. unless sooner
removed therciIom, in the manner prescribed
by law.
y. Each county shall be laid OFF into districts,
not less than three nor more than ten In mum
Der, and us nearly equal as may be In territory
and population. There shall be elected In each
district containing a population not exceeding
twelve hundred. one justice Of the peace, and II
the population exceeds that number, two such
justices shall bc elected therein. Every justice
shall reside in the district for which he was ell
ected, and hold his Office ioi 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.
Is The civil jurisdiction of justice OF the
peace shall extend IA actions OF assumpsit debt,
detinue and truver, II the amount claimed, ex.
elusive OF interest, does not exceed three nun
dred dollars The jurisdiction OF justices OF the
lHAtt Nlhll tAltll'l lHlouEb'ut tlNA' ''uhhs
they shall he conservatoN OF the peace, and
have such jurisdiction aud power in criminal
cases n may bc prescribed by law. And justices
of the peace shall have authority 10 take the
ack nnwl c,.gment oi deeds and other writings,
administer uatl.s aud take aud certify deI.osi.
tiOuS. And the legislature may give tn justices
such additional CVil jurisdiction and powers
within their respective counties ~ may be deem
ed exIFdicut, under such regulations aud re
,triCtions ~ may be- prescribed by general law,
except that In suits Ia recover money or damages
their jurisdiction and powers shall In no case
exceed three hundred dollars. Appeals shall be
allow ed from Judgments of justices of the peace
in such manner n may be prescribed by law.
~ The legislature shall upon the application
OF any county, reform, alter or modify the cOun'
~ court established 10y this article in such
county, and In lieu thereof, with the assent OF
a majority OF the voters Of such county. voting
al an election. create another tribunals for the
transaction of the business required TO be per.
formed 10y the county court created by this arti'
Gle: ami in such case, all the provisions OF this
article in relation 10 the county court shall be
applicable Ia the tribunal established in lieu OF
said court And when such tribunal has been
established, IL shall continue Ia art In lieu OF
the county court until otherwise provided by
law.
80. The Office Of commissioner and justice of
reace shall be deemed Incompatible Vacancies
i'm the Office OF commissioner clerk OF the coun.
" court and justices Of the peace shall be filled
by the county court OF tbs county until the next
general election.
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