Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-10-02


heretofore rendered. osherwse because Of any act
dose IN accordance with the usages Of civzed war
are IN the prosecution Of sad war. The legislature
shsl RroEide ~ general laws for giving full force
and effect 70 this section.
a. such parts Of the common law, and Of the
laws OF this State IN force when this arl
goes into operation and are not repurnapt thereto
shall be and continue the law Of the State until alter
ed repealed by the legislature All civil and Grim
inal quits and proceedings pending In The former
circuit courts Of this State salI remain sud be- uro-
ceeded IN before the circuit OF the counties in
winch they were pending.
eorSTr COURTS
%. There shall be in each coun ty Of the State a
County Court, composed of three comm issioners
and two Of said commissioners shall be a quorum
ior the transaction Of business 1t shall hold four
regular sessions IN each year, at such times may
be fixed upon and entered Of record by the said
said court. Provisions may be made by law for hold
ing special sessions OF said court.
e. The commissioners shall be elected by the
voters Of the county and hold their Office for the
term Of six years. except that at the first meeting or
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, 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 msgsterial district. And if
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 receiving
the highest number shall be declared elected, and
the person living in another district who shall re-
ceye 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.
q. The county courts through their clerks shall
have the custody of all deeds and other papers pre-
scented for record in their counties, and the same
snail be preserved therein otherwise disposed Of
as now Is, or may be prescribed by law. They shall
have jurisdiction in all matters Of probate the APP
pontment and qualification of personal representa-
yves, guardians, committees, ourators and the
temen of their accounts and In all matters relating
to apprentices. They shall, also under sue regua-
tons as may be prescribed by law have the superin-
tendence and administration Of the internal police
and fiscal affairs Of their countless including the es-
Enlistment and regulation vi roads WAYS bridges
public landings, ferries and mills with authority to
lay and disbufse the county levies. ProUtded That
no license for the sale Of intoxicating liquors in any
Incorporated city, town 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, as 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 enthusiastically the legislature under and by yir
tue of the thrty-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 con-
tnue as at present constituted in the counties in
Which they have been respectively established, and
shall be and act as to police and fiscal matters in lieu
OF the county court created by this article until other
wise provided by law. And, until otherwise provid
ed by law, such clerk is mentioned in the twenty
sixth section of this article shall exercise any powets
and discharge any duties heretofore conferred on OF
required OF any court tribunal established for Judi
a purposes under the said article and section of the
Constitution OF one thousand eight hundred and sew
enty-two or the clerk of said court or tribunal re-
specively, respecting the recording and preservation
of deeds and other papers presented fol- record mat
tiers OF probate, the appointment and qualification Of
personal representatives guardians committees cur
ators and the settlement of their accounts, and in all
matters relating to apprentices.
All actions, suits and prOceedin hraced
in the next preceding section pending in county
court when this article takes effect together with
the records aud papers pertaining thereto well
all records and papers pertaining to such actions,
suits and proceedings, as have already been disposed
OF ny SAID courts shall be transmitted to and filed with
the clerk ofthe 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 perform the
same duties in relation to such records papers and
proceedings as were vested in and required of the
clerk OF the county court on the day before this
ticle shall take effect. All such actions suits and
proceedings pending aforesaid. shall be dock
ed proceeded in. tried, heard and determined in all
respects by the circuit court as said suits and pro-
ceedings had originated in SAID court.
20 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 the man
ner OF MS 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 therefrom, in the
prescribed by law
81 Each county shall be laid off into districts not
less than three no more than ten in number, and
nearly equal as may be 10 territory and population.
There shall be elected in each district, containing q
population not exceeding twelve hundred Justice
ofthe peace and the population exceeds that num-
ber two such justices shall be elected therein Every
justice shall reside in the district for which he
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
shall extend to actions of assumpst, debt detinue
and trover, II the amount claimed exclusive of in
terest does not exceed three hundred dollars The
81 JUSTICES OF the peace snail extend
OF the peace, and have such Jurisdiction and power
in criminal cases as may be prescribed by law. And
justices OF the peace shall have authority to take the
acknowledgement Of deeds and other writings, adj
minister oaths, and take and certify dispositions And
the legislature may give to justices such additional
civil jurisdiction and powers within their respective
counties as may be deemed eIpedent under such
regulations and restrictions may be prescribed by
general law except that in suits to money or
damages their jurisdiction and powers shalt in no
case exceed three hundred dollars. Appeals shall be
allowed from 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 modify the county court
aoished by this article in such county, and in lieu
thereof with the assent off majority of the voters of
such county, voting at an election, create another
tribunal for the transaction Of the business required
TO be performed by the county court created by this
articles and in such case, all the provisions in this
article in relation to the county court shall be snpli
cable TO the tribunal established in lieu OF said court
And when such tribunal has been established, it
shall continue TO act in lieu Of tho county until
80. The Office OF commissioner and Justice Of the
peace shall he deemed Incompatible Vacancies in
the office Of commissioner clerk Of the county court
snd just OF the peace shall be filled by the county
court OF the county until the next general election.
JOINT RESOLUTION proposing an amendment to the
Constitution Of this State.
He'osred bg The Legislature Of Hest Virginia ttoo-
rds Of all The members elected 10 each House agreeing
thereio: That the following be and the same is here
by proposed as an amendment to the Constitution Of
this State, to-wit:
hat q.
oe stricken out and the following be inserted in lieu
tn ereof:
-'I3 In suits at common law, where the value in
controversy exceeds twenty dollars, exclusive of in
eiest and costs the night Of trial by jury if required
hyeher party, shall be preserved; and in such suit
before Justice, a jury may consist of six persons
No fact tried 10y jury shan be otherwise examined
IN any case than according to the rules of the
mon law IJuly 3, lsS0-3n
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