Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-10-08

article takes effect, shall remain therein for the
term for which they were elected. unless sooner
removed In the manner prescribed by law.
10, The Legislature may establish courts O.
limited jurisdiction within any county, incor
pointed city, tow or village, with the right OF
appeal TO the circnit court, subject TO such limi.
tauons as may be prescribed by law; and all
courts OF limited jurisdiction heretofore estab-
hshed in any county. incorporated city, town or
village, shall remain rs al present constituted
until otherwise provided by law. The mum.
cipal court OF " heeling shall continue in exist.
enee until otherwise provided by law, and said
court and the judge thereof. shall exercise the
power and jurisdiction heretofore conferred
upon them and appeals in civil cases from aid
court shall lie directly 10 the supreme court oil
appeals.
-. No citiz this State who aided or par.
ticipated in the lale War between the gOglr ~.
ment OF the United states and a part OF the peo-
pie thereof on either side, shall be liable in any
proceeding, civil or criminal; nor shall his prop.
city be seized or sold under final process issued
upon judgments or degrees heretofore rendered,
or otherwise, because @: any act done in accord.
ance with the usages Of civilized warfare in The
prosecution OF said war. The LeGis l'ture shall
provide by general laws for giving full force and
effect To this section.
q. Such paris OF the common law. and OF the
laws OF this state rs are i'll force when this aTI'-
Gle gees into operation, and are not rrpugnani
thereto, shall be and ~cOntinuethe 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until altered or repealed by the legislature.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,
shall remain and be proceeded in before the
circuit courts OF the counties in which they
were pending.
COUNTY CoURrs.
q. There shall be in each county Of the State
a county court, composed Of three commission
ers. and two OF said commissioner shall he a
quorum for the Transaction OF business. Ii shall
hold four regular sessions in each year, at such
times as may be fixed upon and entered OF zee.
ord by the said court. Provisions may be made
by law for holding special sessions of said
court.
y. The commissioners shall be elected by the
voters o! the county, aud hold their Office for
tie term OF six years. eNcvI, that NJ the frs,
meeting of said commissioner lhev shall desig.
nate, by lot or otherwlsh, in such manner, ~
they may determine, one Dt their number, who
shall hold his office for the term OF two years,
one for four years, aud ole iOr six years, 50 that
one shall lie e. Clci every two yea.s. But no
two OF said commissioner shall be elected from
the same magistcral district. And ii two OF
more persons residing in the same district shall
receive the greater number OF votes cast al any
election, then only the one o! such persons II.
ceiving the highest number shall be declared
elected, and the person Hiring IN another d!,tEiCt,
who shall receive the next highest number 81
votes, shall hc declared elected. said commits
sioners shall annually elect ono Of their Ium'
Der as president, and each shall receive s. pei
day for his services IN cuuIt, u be pad out oI
the county treasury.
~, Inc COUNT. courts through t.clT ttCThN
shall have the custody OF all deeds and other
papers presented for record in their counties,
and the same shall be preserved therein, q!
otherwise dispose! az, ~ nov !, OF may Ice pre-
sCTibrd 10y law. They shall have jurisdiction III
all matters of probate, the appointment and
qualification OF personal representatives, IgIarll,
ans, committees, CuTaIOTS, aud the settlement Oi
their accounts, and in al matters relating 80 aP'
prentiCCS. They shall also, under suCh r,Euia
lions a. may be prescribed by law, have taC
snnprintpnIpngp and administration Of ne IN.
ternal police aud fiscal affairs OF their counties,
including the establishment GHd regulation 81
roads. ways, bridges, public landings, i,rr"'
and mills, with authority To lay and disuur>e
the county lcylcs. PyOuiiof, That no license
for the sale of Intoxicating liquors IN any incnr'
pOrltcd city, town or village. shall be granted
without the consent al the municipal aglnoIi'
ties thereof, first had and obtained. They shall,
In all cases OF contest. judge OF the election,
qualification and returns OF Their " members,
and OF all county and district officers, subject IL
such regulations. by appeal or otherwise, rs
may be prescribed hy law. such courts may eek
erCISC such other powers and perform such -'hcI
duties. not col a judicial nature, HS may bc PIE
scribcd 10y Jaw. Aud provision may hc maze,
under such regulations rs may ir prescribed 10y
law, for the probate 81 will, ana iur the |pHuint
ment and qualification uf personal Representa-
tiyeS, guardians, committees and CurdlurS dur.
ing the recess Of the regulsr sessions 81 the CuGI-
" court. Such tribunals uS have been hereto
fore established by the legislature under and by
virtue of the thirty-iourth section OF the eighth
article OF the Constitution Of one thousand q gat
hundred and sCVcnty.twO, for police and fl al
purposes, shall until otherwise provided 10y law,
remain and COHtinne rs al present cOnStitut"im
the counties in which they have been rcSpcc'
tfvely established, and shall be and act as tO
police and fiscal matters ia lieu OF the county
court created by this article until Otherwise no.
vided by Law. Aud, uuGl otherwise provided
by law. such CLERK ~ Is mentioned IN the lwcu-
ty.sixth section OF this article. shall exercise any
L..s.ro aud lfs "a FF. a 80 Ia ft4G l4rsf.f.F4E ItIa
icrred on, or required oi fanny court or tribunal
established for judicial purposes under tie said
article and section of tie constitution 81 one
thousand cight.hundrCl AMI scvcuty-two, or
the clerk OF said court or trbuna.
respectively, respecting the recording and pres
c~rvntiOH OF deeds and other papers presented for
record, matters Of probate. the appointment aud
qualification uf personal representatives,, guar
dams. committees. CUraiOgs ami the settlement
oftheir accounts and III all matters relating 20
apprentices
-. All actions, suits AMI pr1CcC liugs not en-.
braccl in the next preceding section, !''.lN:
in a county court wucI tn:> article lake. c'crl.
together with the records ana lGtpE!> pertaining
thereto as well ~ AL record, an. papers pertain.
ing 10 such actions, suits Gad proceedings. ~
have already been aispp>cd az 10y s'l1 cu'fi'
shall b. trIHSnit'v! 90 az! al"i with ~" C."iS
of the circuit cont OF the ybuulr - which Office
all process OutStrrilnI - III" TIN" lhi> article
goes into Opcrati Iu Shat. hr gc''su"t: aud snI'i
clerk shall have Tia ,y'u" vH"rr ANA >at.I pc
form the same duties ia rriaii":. ln Nuch l't"li'
papers and procCc ling, 81, wCr" y.>'"! "a AND =.
qquired OF the c,y:s of the county
court, on the Day hyforc this AZ
ticlc shall take elect. All such actions,
suits and proceeding, 20 pending as aforesaid.
shall be d0ckct"i, r-uCrcdcd III, tired. heard
and determined in al respects Icy the circuit
court. ~ il said suits and proceedings had urig;'
mated in said court
~. The voters of each county shall elect II
clerk Of the county court, whose term OF once
shall be siX wears. His duties anu coairl,H'
ton, and the manner 80 his removal, shall l."
prescribed 10y law. Bu; the clerk "i >uin courts,
now in office, shall remain therein i"r me tenn
inr whIch they hay" been elected. unless sooner
removed thcrcilom, in the manner prescribed
~. Each county shall be lail OF into districts.
not less than three L"- more tHuI ten IN nam
Der, and ~ nearly ,quut ~ may hc IN territory
and population. Taco 'ha.! Zoe c.i"''i ~ 'd.h
district containing a lnIIiat.uG Mt n\rn'iiuG
twelve Lurlrri. ono i~v>,,rtui tAr pra.". Hul 10
the ropulaliOn exceeds that number, lwn NIlrh
justices Shal. hc elected therein f|n:y justice
Shall reside in the district i"T wM.rG tr was e.
ected. and hold his office III term a.: four years,
unless sooner removed in m" mau"cc prescribe :
by law, The districts a. hey now exist, sIl.,
remain till changed hr N" county court.
y. The civil jurisdiction 81 4 lHs'.oc "t ne
peace shall extend to actions al aN>u'Ai>lt hc't'
detinue and trover. i; the amount claimed. 'N'
elusive OF interest. does not exceed three lui'
dred dollars. The Jurisdiction ot i%;>,In". al Ihr
peace shall extend throughout! their county
they shall be cOuSCryatOTS OF III" peace, aNi
have such jurisdiction aud power ia criminal
eases as may be prescribed 10y law. And Justice
of the IraCC shall have authority :" l'E" ~"
acknowledgment II deeds and other wri'h-'.
oiwrri>i"r utthS, and ihS" nri CriliE h"..''
lions. - the g i-'.inr" may -1'"t' justices
such additional civil jurisdiction aud p.w"-'
within their respective counties a. may be deem
ed expcdicnt, under such regulations and. re
striCtiou> a. may be- prescribed by general law
except tina, in suit, To recover money or damages
theiriuri>diCtion and powers shall III no case
exceed three hun lIcd dollars. Appeals Nhai. lc
allowed from jud .mcntS OF justices 81 the i"a'"
I'm such manner a. may be prescribed 10y law.
-. The legislature shall upon III" Application
OF any county. reform, alter or modify The ,ouni'
" court established by this article N suri
county. and in lieu thereof, Win the assent "I
a majority OF the voters oi sven county N"'liF
at an election, create another Tribunal ir tie
transaction OF the bV.;n">, '.tg.:ni lp 70" I"r'
formed by the county cour; .r,ni-i 10y ms sF'i
article in relation 10 T." CuJu': CONT ma! %
applicable 10 the trib ma stab i,.'t IN "tE "l
said court. And WHOM .inH tribunal has beer
established. IL shall confirm" - 49, IL Ecu "I
the couuty court until o;hcF"se pToF!ici .!
law.
- The affce Of commissioner and i1''i"c n'
peace >hg', hc drcm,d Incompatible tacaNr'r'
in the office 81 c.. mis- ,"aoT, clerk "'tEc Cnlh
" court AMI Justice, q 'he perez shatl De h.Ic'
by the county court @; n. county until the mex
general election.
JoIST RESOLUTION TIgia,iTC IN RTcHdlnen'
to the Constitution 81 This State.
! Rrsor.i on ne EjisLI'rr, ~ N'i ~IirglrNl,
,,rO-fbi-is of 81 ffS uIT'.rs ''~'ns % 1I'S nous