Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-02

atueie taxes eneet, shall remain therein for the
term Iot wnleh they were elected unless sooner
re IN gs 10 me hammer prescribed BY law.
. ~, ne legislature may establish courts of
limited Jurisdiction within any county jncoJ.
porated city, town or village, with the right az
appeal 10 the clrcnit court, subject to such Umi.
tatlons as may be prescribed by law: and ali
SsSS -, united jurisdiction heretofore estab
lSheo III any county, incorporated city, town or
village, snail remain rs AT present Constituted
until otherwise provided by law. The muni.
clpal court OF Wheeling shall continue in exist
ence until otherwise provided by law, and said
court and the Judge thereof, shall exercisa tho
powers ana Jurisdiction heretofore conferred
upon them; and appeals in civil cases from said
appeals. Vi
20. No citiz this State who aided or mar.
ticipated III the late war between the govern.
ment OF the United States and uart of the neo
pie thereof OH either side, shall be liable in any
proceeding, clNi! or criminal; nor shall his pron.
G ~ be seized or sold under final prncesS iirsnnd
upon Judgments or degrees heretofore rendered
or otherwise, because OF any act done i'm ACCORD
ahrc Win the uSages OF civilized warfare i'm The
prosecution OF said war. The Legislature shall
provide by general laws for giving IN II force and
effect 10 THIS section WV anu
q. such parts OF the common law, and OF the
laws OF thls Stale as are i'll force when this arti.
Gle gees into operation and are MOI renngnant
thereto shall be and continue The Law cf tbC SIat
unll altered or repealed by the legislature. All
civil and criminal suits and proceedingS nend.
ing III 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
-. There shall be in each county of the State
county court, composed of three commission
erS and two of said commissioners shall be a
quorum Tor 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.
ord by the said court. Provisions may he made
by law for holding special sessions OF said
court
y The commissioners shall IN elected nv 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, ia 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, aud 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 magiStcril 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-
Criving 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
SiOucrs shall annually elect one OF their mum
Der ~ president, and each shall receive g per
day inr his services III court, 10 bc paid out of
the county treasury.
II. Inc county NOuIN through lUClT clerks
shall have the custody of all deeds and other
papers presented for record in their counties,
and the same shall he preserved therein, or
otherwise disposed OF, ~ now i, OF may bc pre-.
scribed by law. They shall have jurisdiction in
all matters of probate the appointment and
qualification OF personal representatives, guardi-
ans committees, curdtOrS, and the settlement Uf
their accounts, and in all matters relating ~ APP
preutccS. They shall also, under such rcgula.
lions rs may he prescribed 10y law, have the
Superintrudencc and administration of me III
tcr:Idl police and fiscal affairs of their counties.
including the establishment and regulation Of
roads ways. bridges, public landings, ferries
and mills, with authority To lay and diSbursc
the county levIeS PTOridtd, That no license
for the sale of intoxicating liquors III any moor
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 Oi their own members
and Of I'LL county and district officers, subject TO
such regulations, by appeal or otherwise, as
may De prescribed by law. Such courts may cX'
erClSc such other powers and perform such Gther
duties, not OF "A judicial nature a. may be pre-
Svribcd by law. And provision may be made,
under such regulations ~ may be prescribed by
law iOr the probate Oi wills, and for the appoint
mcnL and qualification Of personal representa-
tiyCS guardians, committees and CurdtOrS dur
ing the recess of the regular sessions of the cOun
Is court Such tribunals AZ have been hereto
fore c,tablis hsd 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 ScVcnty-twO, for police and fiscal
purposes, shall, until otherwise provided by law,
remain and COutinlc A. AT present constituted III
the counties in which they have been rc>pec-
lively established, and shall be and act Us To
police and fiscal matters in lieu Of the county
court created by This article until otherwise pro,
ViU ii by law. And, until otherwise provided
10y law, such clerk aS Is mentioned in the TWEEN
ty.SXth section Oi this article shall exercise any
powers and discharge any duties heretofore con,
icrrvd on, or required Of any court or tribunal
established for judicial purposes under the said
article and section OF the constitution oil one
thousand eight hundred and scVcnty-two, or
the clerk Oi said court or tribuna!
respectively, respecting the recording and pres
cryAtioH of deeds and other papers presented for
rccoIl, matters of probate the appointment and
qualification Of personal representatives, guar.
dams committees, CuratorS and the settlement
Oitheir accounts, and in all matters relating 10
apprentices
-. AllactonS, suits and proceedings not en-
braccd in the next preceding section, pending
in Il county court when this article takes effect
together with the records ana papers pertaining
thereto rs wei all records aul papers pertain
Ing go such actions, suits and proceedings, ~
have already been disposed OF by said courts
shall be transmitted 10 and hled 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 per-
form the same duties in relation TO such records,
papers and proceedings ~ were vested in and re-
quired OF the clerk OF the county
ticle shall take effect All such actions,
suits and proceedings so 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 Orig:-
mated in said court
20. The voters OF each county shall elect
clerk OF the county court, whose term OF Office
shall be six years. His duties and c0mpenSa.
ton, and the manner OF 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 thcrCiIOm, in the manner prescribed
n, Each county shall be laid of into districts,
not less than three nor more than ten i'll num-
Der, and aS nearly equal as may be III 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 be elected therein. Every justice
shall reside in the district for which he was ell
ected and hold his Office i0i term OF four years,
unlesS sooner removed in the manner prescribed
bv law The districts as they now exist, shall
remain till changed by the county court.
IS The civil jurisdiction OF II justice OF the
peace shall extend Ia actions Of assumpSit, debt,
dctinIc ana trOver, II the amount claimed, eX-
elusive OF interest, does not exceed three nun
dred dollars. The jurisdiction Of justices OF the
peace shall extend throughout their county;
they shall be cOnservatOrs OF the peace, and
have such jurisdiction aud power in criminal
eases aS may be prescribed by law. And justices
OF the peace shall have authority TO take the
acknowledgment OF deeds and other writings
administer oaths, and take and certify deposi
tiOnS. And the legislature may give to justices
such additional evil jurisdiction and powers
within their respective counties aS may be deem
ell expcdiCnt, under such regulations and re
strctOnS aS may bc prescribed by general law,
except that in suits 10 recover money or damages
Instrumentation and powers shall in no case
exceed three hundred dollars Appeals shall be
allowed from judgments of justices OF the peace
in such manner n may be prescribed 10y law.
- The legislature shall upon the application
OF any county, reform, alter or modify the Coun'
IL court established by this article In such
county and in lieu thereof, with the assent Of
n majority OF the voters Of such county, voting
at an election, create another tribunal for the
transaction Of the business required 10 be per
formed by the county court created by this arti'
IL. unl in snnh rnsn all the nrnNiSinnS OF this