Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-03

provide by general laws for giving full force and
effect TO this section.
u. Such parts OF the common law and OF the
laws OF this state rs are in force when this artl
Gle < es into operation. and are not rrpugnant
thereto shall be and continue the 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until altered or repealed by the legislature.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 COURTS.
o. There shall be in each county OF the State
u county court composed of three commission
erS and two of said commissioners shall be
quorum for the transaction ofbusineSs. 1t shall
hold four regular sessions in each year, al such
times rs may be fixed upon and entered OF rec
ord by the said court, Provisions may be made
by law for holding special sessions Of said
court.
3 The commissioners shall be elected by 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 dcsig.
nate, 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 ycars. But no
two OF said commissioners shall be elected from
the same magsierll district. And ii two or
more persons residing In the same district shall
receive the greater number Of votes cast ut any
election, then only the one OF such persons ie-
cciying 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
siOnerS shalt annually elect one OF their num-
Der as president, and each shall receive 81 per
day Tor his services in court, 10 be paid out OF
the county treasury.
q. The county courts through their clerks
shall have the custody OF all deeds and other
pauerS presented for record in their counties,
and the same shall be preserved therein, or
otherwise disposed OF, a. now j., or may be pre-
tl...N 1NV
all matters Of probate. the appointment and
qualification of personal representatives. guard.
ans, committees, curatOTS, aud the settlement Of
their accounts, and in ell matters relating To APP
prenticeS, They shall also under such rtgula-
tons as may be prescribed by law, have the
superintendent and administration OF the IN.
terlal police and fiscal affairs OF their counties.
including the establishment ANA regulauon OF
roads, ways, bridges. public landings, ferries
and mills, with authority To lay and dlSburSe
the county lcvIcs. PrJrided, That no license
for the sale OF intoxicating liquors IN any incnr.
pointed city, town or village, shall be granted
without the consent Of the municipal author-
ties thereof, first had and obtained. They shall
in all cases of contest, Judge ut the election
qualification aud returns of their own members,
and of all county and district Officers, subject To
such regulations, by appeal or otherwise as
may be prescribed by law. such courts may cx'
crciSe such other powers and perform such sihcr
duties, not OF judicial nature, a. may be pre-.
ScrbCd 10y law. And provision may be MADE,
under such regulations a. may be prescribed by
law, ior the probate u wills, and for the appoint
mcnt and qualification oi personal representa-
tiVeS guardians, committees and curatOr dur
ing the recess OF the regular sessions Of the coun
" court. such tribunals as have been hereto
fore established by the legislature under and by
virtue OF the thirty-lourth section OF the eighth
article Of the Constitution OF one thousand eight
hundred and sevcnly-twO, for police and fiscal
purposes shall until otherwise provided by law,
remain and cOntinne rs at present conStltucdin
the counties in which they have been respec-
III hall IR Il act IN
police and fiscal matters In lieu Of the county
court created by this article until otherwise pro-
videl by Law. And, until otherwise provided
by law, such clerk rs is mentioned in the TWEEN
ty-sixth section of this article, shall exercise any
powers and discharge any duties heretofore con
ierred on or required OF any court or tribunal
established for judicial purposes under the said
article and section OF the constitution OF one
thousand Cignthundred and scventy-twO, or
the clerk OF said court or tribunal
respectively, respecting the recording and pres
cryAtiOH OF deeds and other papers presented Tor
record, matters OF probate, the appointment and
qualification OF personal rcpre>, natives, guar.
dianS committees curatOrS and the settlement
OF their accounts, and in all matters rotating To
apprentices
braCcd in the next preceding section, pending
in county court when this article takes effect,
together with the records and papers pertaining.
thereto rs well rs all records aud papers pertain
ing TO such actions suits and prOCee lingS. H.
have already been disposed Oi 10y said courts
Shall be transmitted To and filed with the clerk
OF the circuit court of the county tn which ono"
all process outstanding at the time this article
goes into operation shall be returned; aud >lid
clerk shall have the same power AMI shall per
form the same duties in relation to such records,
papers and proceedings as were vested III and re-
court, on the day before this ar
tice shall take effect. All such actions,
suits and proceedings 50 pending as aforesaid;
shall be dOcketed, proceeded in, tried, heard
and determined in all respects by the clfcnit
court, as ii said suits and proceedings had orgi-
mated in said court.
26. The voters OF each county shall elect a
clerk of the county court whose term oil Once
Shall be six years His duties aud cOmpcna.
ton. aud the manner Of his removal, shall be
prescribed by law. But the clerk OF said courts
now in office, shall remain therein Tor the term
for which they have been elected, unless sooner
removed thereiIom, in the manner prescribed
q. Each county shall be laid off into districts,
not less than three nor more than ten in num-
Der, and ~ nearly equal as may be in territory
and population. There shall he elected In eIch
district containing population not exceeding
twelve hundred. one justice of the peace, ana u
the population exceeds that number, Two snch
justices shall he elected therein Every justice
shall reside in the district for which he was ell
ected and hold his office for term OF four years,
unless sooner removed in the manner preScfibei
by law. ThediStriCts rs they now exist, snail |
remain till changed by the county court.
~ The civil Jurisdiction Of justice OF Tie |
peYcc shall extend to actions OF HSSump>it, debt,
detimue and Irovcr, II the amount claimed tN' |
elusive OF interest. docs not exceed tiIrc nun /
dred dollars The Jurisdiction o. justices ol tn" |
rrIcc shall extend throughout their county: |
they shall ne conservatory OF the peace and |
have such jurisdiction aud power in criminal |
cases rs may Ice prescribed by law. And justices |
of the peace shall have authority 10 take the |
ackuow clgmcut 0f deeds and other writings, |
administer OathS aud take aud certify derO,i' |
tions Aud the legislature may give To justices !
such additional evil jurisdiction and powers |
within their respective counties ~ may be deem |
ed q pcdicmt under such regulations ana re |
strictious a. may bc prescribed by general law, |
cyccp; tia, in suits Ia recover money or damages |
thril jurisdiction aud powers shall In no Casc ,
eXcr,.,i tp-rr hundred dollars Appeals shall b" |
allowed frnm judgments Of justices Of the poacc !
i'm such mauI.,r ~ may be prescribed by law.
~. The legls!n lFe shai. upon lhe appIauoh |
of any county. reform alter or modify the ,Oun- /
" court established by this ar,lc.e In such |
county, and in lien thereof, with the assent oi /
a majority OF the voter NJ slch county, Noung /
at an election. create another tribunal Tor thc =
transaction Of the bushes, required IN De per
formed 10y the county court mated hy This htu. |
Gle; and in such case all the provisions of this I
article IN relation tn the county court shrt re F..
apnlicabe 10 the tribunal established IN llsA OF /
said court And when such tribunal has been I
established, IL shall continue Ia act IN ECI 81 4
the county court until otherwise provided by .
law. .., ,
30. The office OF commissioner and justice oi /
peace Shall be deemed incompatible Vacancies I
In the Office of commissioner, clerk oi The cuun. .
~ court and justices OF the peace shall DE hlItl
bv the county court OF III. county until the next
general election.
JoTST RESOLUTION proposing an amendment
To the Constitution al this rlSic
Rssorrf by tts LEGISLATURE Of Wet |irgnHi /
,,r1-th iris Of az thr members Cc'Sf 10 sg't H0n>
ri. -. N '|ttt.r fs B 4