The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-07-17

law. And, until otherwise provided by Law,
such clerk az il mentioned in the twenty
sixth section Of this article, shall exercise
any powers and discharge any duties here
to!ore conferred on, or required OF fhy
court or tribunal established for judicial
purposes under The saii article and section
Of the constitution Of one thousand eight
hundred and Feyenty-two, or tie clerl: ofsai'l
court or tribunal respectively, respecting
the recording had preservation Of deeds and
other pspeR presented for record, natter
Of probate, the appointment md Iuailtica.
ton Of personal representatives, guardians,
committees, cilra,Ors and the settlement OIL
their accounts, and in MI matters relating
to apprentices.
Is. All actions, suits and proceedings not
embraced in the next preceding section
pending in county court when this article
lakes effect, together with the records ard
papers pertaining thereto as well IS MI
records aud papers pertaining 10 such ac-
tions, suits and proceedings as have already
been disposed Of By said courts shall be
transmitted to and fled with the clerk Of
the circuit court Of the county 10 which
Office ali process outstanding ut 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 re-
qHircd Of The clerk OF the county court, on
The day before this article shall take effect.
All Rucl actions, suits and proceedings 10
pending as ntoresaid, shall be dOcEeted,
proceeded in, tried, heard anil determined
in all reslects by the circait court, az u
said suits md proceedings had originated
in gaid court.
%. The voters Of each county shall cleo,
clerk Of tho county court, Whose term Of
Office shall be six year,. Ills duties and
compensation, and the manner Of his re.
noval, shall 10 prescribed by law. But
the clerks oil said courts, now in Office, shall
remain therein for tie term for vi ich they
may have been elected, unlCss sooner re.
moved thegcfroni, in the manner prescribed
bylaw.
%. Each county shall be laid OF into
districts, not less Than three nor more than
ten in nuull,e and rs nearly equal as may
be in territory and population. There shall
be elected in each district containing u
population not exceeding twelve hundred,
one Justice Of lie peace, and II tie Iopula-
lion exceeds that number, two such justices
shall lie elected therein. Every justice
sliall reside in the district for which he was
elected, and hold lis Office for term Of four
yeass, urIeH sooner removed in the manner
prescribed by law. Tie districts rs they
nov exist, shall remain ill changed by the
county court.
IS. The civil jurisdiction Of a Justice Of
the peace shall extend to actions o. a@ump.
Sit, debt, detinue and trover, II tie amount
claimed, exclusive Of interest, docs not ex.
coed three hundred dollars The jnrislic.
ton OF justices Of the peace shall extentl
throughout their county; they shall be
conscrvators Of the peace, and have such
Jurisdiction and power In criminal cases ms
may be prescribed By law. And justices Of
the peace BI,Nll have authority to take the
acknowledgment Of deeds and. other writ
ings, adp.inater Oatlis, md take and certify
dispositions. And the legislature may give
10 justices such additional civil jurisdiction
and powers within their respective counties
Us may be deemed exnetlieni, under such
regulations and restrictions as may be
prescribed by general law, except that in
suits 10 recover noaeyO or damages their
Jurisdiction md powers shall in no case
exceed three hundred dollars. Appeals
shall be allowed fr0r, judgments Of justices
Of the peace in such manner a. may be
prescribed by Law.
y. Tho Legislature skall5npon The appli:
Gallon Of any COUNTY, reform, alicr or
modify the county court establislied by this
article in Sccll county, and in lieu thereof
=with5ihe assent Of u majority Of the voter
ofsllch comfy, voting at IN election, creaic
another Tribunal for The transaction Of the
business required 10 be performed by the
county court created b! this article; and in
such ease, all The provisions Of this article
in relation 10 The county court shall be mp.
plicahle 10 the tribunal established in licu
Of saiA court. And when such tribunal llaa
been established, Il phall continue to act in
lien Of the county court until otherwise
provided by law.
30. 'rhe Office Of commissioner and jus.
lice OF peace elalI NC ueeHleu lnc0tn-
patibIc. Vacancies in the Office Of CON-
missioner, clerk Of the county court and
justices 81 the peace Ehpll he filed by The
rnunty court Of the county until The nett
general election.
JOINT REsoLUTIoS proposing an amend
incnt TO the constitution Of this State.
Received, by the Legislature Of West
Virginin, two-thirds Of all the members
elected to eacl, house agreeing thereto, That
tile following be md the sRmn is furGby
proposed Ms MI amendment to the constitu-
ton Of this State, TO wit:
That section thirteen, Of article three, "a
Il now Is be stricken out and the following
he inserted in lieu thereof.
"13. In suits at common law, where the
value in controversy exceeds twenty dol.
lars, exclusive Of interest and costs, tie
right Of trial by jury; II required lly either
party, shall he preserved; und in such suit
before Justice, jury may consist Of Elk
persons. No fact tried by jury shall bc
otherwise re-examinetl in any case than
according to tic rules Of tho common law"