The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-08-14


law. And. until otherwise provided by law,
such clerk as il mentioned in the twenty
sixth section Of this article, shall exercise
any powers and discharge any dt,ies iisre'
toiorc conferred on, or Teq%lred Of :ny
court or tribunal established toT judicial
pusroses under tho Rni.l article and section
Of the constitution q one thousand etsn!ts
hundred and sevcnty.tTo, or the clerk o. Fat4
court OF tribunal, respectively, Fesr:otns
the recording and preservation OF deeds anu
other papers prCarntetl for record, matters
Of jrrobaic, the appointment and Ina!lticar
ton Of peraonal representatives, guardians,
committees, curatOrs and the settlement Oh
their accounts, anil in oil matters relating
to apprentices.
Is. All actions, suits and proceedings not
embraced in the next preceding section,
pending in n county court when this article
takes elect, together with The records aEH
papers pertaining thereto as well IS nli
records ard papers pertaining TO such NO
tiona, suits and proceedings, shave already
been disposed Of By said courts shall be
transmitted to and fled with the clerk o.
tho circNit court Of tho county 10 which
office all PROCESS outstanding at The tins
this article goes into operation shall 10
returned anil said clerk shall haFc the
same power md shall pefior,a the same
''tlntics in relation to such records, p1pera
and proceedings aa wete vested in anil re-
Ouired OF Tho clerk OF the c0nniy court, on
thc day before this article shall take ELECT.
A Il such actions, suits and proceedings 60
rcutling as aforesaid, shall DO docketed.
projected in, tried, heard and determined
in MI respects by lie circuit court. na Il
said suits and proceedings had originated
in anid court.
GO. The voters Of each county shall elect
n clerk Of the county court, whcsc term Of
office shall be six ycars His duties and
compensation, md the manner Of bis re.
noyaI, shall, DO prescribed BY law. But
the clerks ofraid couria, now in Office, shall
reT,nin therein for the tern for WI ich they
may have been elected, unless sooner re-
moved thereisom, in the manner prescribed
by law.
q. Each county shalt he laid off into
districts, not lesR than three nor more than
ten in number, and az nearly equal as.may
he in territory and population. There shall
I've elected in each district containing a
population mol exceeding twelve hundEtt,
one justice Of tho peace nld II tic l.opt,ia',
ton exceeds that number, two R'ich justices
shall lie elected therein. Every justice
shall reside in tho district for which no was
elected, and hold his Office for term o. four
vTnrS. ,ir les sooner removed in the manner
i,rescribcd By law. The districts rs they
now exist, shall remain till changed by the
comfy court
%. The civil Jurisdiction Of iusticc Of
the peace shall extend 10 actions Of aanmp-
sit, debt, ds;inuc and troyer, il the amount
claimed, exclusive oil interest, docs not ex'
coed three hundred doliara The inrisiie-
ton oil justices Of the peace shall extend
throughout their county; they shall DO
Conaeryatora OF the peace, ard have such
Jurisdiction and power In criminal cases aa
may be prescribed by law. And jnsticea oil
the reNce shall have authority 10 take the
acknowledgement Of deeds AMI, other writ
ings, administer oEt.iIs, and take and certify
deposi,tons. And the legislature may give
10 justices sucl. additional civil Jurisdiction
and powers within their. respective counties
m may he deemed expaiient, under such
regulations and restrictions N may tc
prescribed by general law, except that In
suits 10 recover money or damages their
iEsigliclion and powers shall in no cas-
exceed three hundred dollars Appeals
shall be allowed fror jadsOenta OF jnss,cea
Of tic peace in suea manner as may be
prpRcribcd by law.
20. Tie legis!aturcialiall unon the arpli-
cation any county, reform OF
modi(y tho county court tst,lis uhpd by tsiis
article in srelt connty,a in lieu thereof.
with the. assent OF q n.ajofity 0i the=yoteis.
otsnch county, voting ntan election, crenic=
smother Tribunal for tho transaction otithe
business required tozhe performed by the
county court created by LhiS article; and IN
sllcll casp, all the provisions Of this nEticlc
in relation 10 tho county court shall ho np'
plicnble 10 the tribunal e8tabliEteti in lien
0f said curt. And when such tribunal has
been established, il FhNll continue 10 ael il;
lieu oil the county cOu:t Until OthCswlS
provided by Inv.
10. The office Of commissioner and jus.
,ico OF peace shall I've deemed iHccu.
patiile. Vacancies in the Office Of COM
missioner, clerk Of tue county court and
Justices q the peace shall he filled by the
county court Of the county until the next
general election.
JoESr RESOLUTION PROPOSING an amend
mpRt TO the constitution Of this State.
Resolved, by the legislature Of Vest
Virginia, two-thinlg Of all tho members
elected 10 each house agreeing tltertto, That
the following 10 and The same il hereby
proposed IN an amendment 10 the constitu-
ton Of this State, 10 Wit:
That section thiTtccn, Of article three, as
il now Is be stricken out and tho following
be inserted in lieu thereof.
"13. In suits Mt common Law, where tho
value in controversy exceeds twenty dol
lars, exclusive OF inlerest and costs, The
right Of trial by jury, it required by either
par:y. shall be preserved; and in such suit
before Justice, Il jUty may consist Of aix
PERSONS No fact tried by jury shall be
o,hcFwigc re-pxHmined in any case tllnn
according To !Ige rules Of the common law"