Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-07-31

~. NO citizen OF ttik state " no aided pafcl-
pated in the late war between the Government Of tie
United States ard part VI the people thereof on
either side. shs he liable IN any proceeding civil o.
criminal shall hi property be sezed sold uu-
der final process issued upon judgments or decree
hcrsofore rendered, otherwise, because Of any
done In accordance with the usages Of civilized war
tare in the prosecution Of "a war The legislature
shsll provide BY general laws for giving fall force
| and effect % this section.
81 aach parfs OF the common law, and u the
laws Of this state as are IN force when this article
goes into operation. and are not repugnsnt thereto,
shall be and continue the law Of the state until alter
ed repealed by the legislature All civil and Grim
insl suits and proceedings pending IN the former
circuit courts OF THE state, shall remain and be pro-
ceeded IN before the circuit courts Of the counties in
| which they were pending.
COUNTY coURTs
% There shall he IN each county Of the State n
County Court conp0sed OF three commissioners,
and two OF said commissioners shall be a quorum
for the transaction of busness. 1t shall hold four
regular sessions IN each year.. at such times as may
said court. Provisions may he made by law for hold
ing special sessions Of said court.
%. The commissioners shall be elected by the
voters Of the county, and hold their office for the
OF six years except that at the first meeting Of
said commissioners they shall designate, by lot
otherwise, In such manner AZ they may determine
one Of their number who shall hold his Office tor the
term Of two years, one for four years, and for
fix years, that one shall be elected every two
years. But two OF said commissioners shall be
elected from the same magisterial district. And II
two or more persons residing in the same district
shall receive the greater number Of votes cast at any
election then only the of such persons receiving
the highest number shall be declared elected, and
the person living in another district who shall re-
ceiye 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
be paid out Of the county treasury.
"a 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
shall be preserved therein, or otherwise disposed Of
ms now Is, or may be prescribed by law. They shall
have jurisdiction in all matters of probate, the APP
pointment and qualification of personal representa-
tiyes, guardians committees, cufaors, and the set
Element Of their accounts and in all matters relating
to apprentices. They shall also, under such regula-
tons may be prescribed by law, have the superin
tendence and administration of the internal police
and fiscal affairs of their counties, including the
Enlistment and regulation Of roads, ways, bridges,
public landings, ferries and mills with authority to
lay and disburse the county eyies. Proridsd, That
no license for the sale Of intoxicating liquors in any
incorporated city, town or village shall be granted
without the consent of the municipal auth critics
thereof, frs. had and obtained. They shall in all
Of contest, Judge of the elect on qualification
and feurns oftheir 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
may be prescribed by law for the probate of willie,
and for the appointment and qualification of person.
al representatives, guardians. committees and cura-
tors during the OF the regular sessions Of the
county court. Such tribunals have been hereto
fore established by the Legislature under and by yir
tue of the section of the eighth article
of the Constitution Of one thousand eight hundred
and seventytwo for police and fiscal purposes shall
until otherwise provided by law, remain and con-
tinue as at present constituted in the counties in
which they have been respectively established and
shall be and act to police and fiscal matters in lieu
OF the county court created by this article until other
wise provided by law. And, until otherwise provd
ed 10y law, such clerk as is mentioned in the twenty
sixth section OF this article shall exercise powers
and discharge any duties heretofore conferred on,
required OF court tribunal established for judi
ca 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-
spectiyely respecting the recording and preservation
al deeds and other papers presented for 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.
Is. All actions suits and proceedings not embraced
in the next preceding section, pending in county
court when this article takes effect, together with
the records and papers pertaining thereto well
all records and papers pertaining TO such actions,
suits ana proceedngs as have already been disposed
of by said courts shall be transmitted to and filed with
the clerk ofthe circuit cour, Of the county to which
office all process outstanding at the time this article
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 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 30 pending as aforesaid shall be docket
ed proceeded in. tried, heard ana determined in all
respects by the circuit court a said suits and pro-
| ceedings had origin. ted in sand court.
20 The voters Of each county shall elect clerk Of
the county court, whose term Of Office shall be six
| year, His duties and compensation, and the man
net 81 ms removal, shall be prescribed by law But
the clerks Of said courts, in Office, snail remain
therein for the term for which they have been elect
ed, unless sooner removed thererOm, in the manner
| prescribed by law,
q. Each county shall he laid off into districts not
1 less than three than ten in number, and
nearly equal As may he in territory and population.
There shal bee elected in each district, containing a
population not exceeding twelve hundred justice
Of the peace and II the population exceeds that num-
Der two such justices shall be elected therein Every
justice shall re-ide in the district for which he was
elected and hold his office for the term of four years
| unles. sooner removed in the manner prescribed by
law The districts IS they now exist shall remain till
changed by the county court,
-. The civil jurisdiction of Justice of the peace
shall extend 10 actions Of Assumpsit, debt, detinue,
aud troyer, II the amount claimed exclusive of in
terest, does not exceed three hundred dollars. The
| Jurisdiction Of justices of the peace shall extend
throughout their county; they shall be coneervRtors
Of the peace, aud have such jurisdiction and power
la criminal cases as may be prescribed by law. And
justices Of the pcAce shall have authority TO take the
| acknowledgement OF deeds and other writings, sd-
minister oaths, and take and certify dispositions And
the legislature may give TO justices such additional
civil jurisdiction and powers within their respective
| counties a. may be deemed erpedient. under such
regulations and restrictions as may be prescribed by
general law, except that in suits TO recover money or
damages their jurisdiction and powers shall in no
cssv exceed three hundred dollars Appeals shall be
allowed from judgments OF justices OF the peace III
| such manner as may be prescribed by law.
-. The legislature shall upon application Of any
tshlished by this article in such county, and in lieu
thereof with the assent of majority OF the voters OF
such county. voting at An election, create another
tuluEs for the transaction Of the business required
g. he performed by the county court created by this
|
article la relation to the county court shall be sppl-
cable 20 the tribunal established In lieu of said court
And when such tTihunal has been established, il
shs continue 20 act In lieu Of the county court until
| otherwise provided by law.
| ~. The Office OF commissioner and justice 81 the
| peace shall be Doomed incompatible Vacancies in
the ofce Of commissions clerk Of the county court
sud Justices q she pesce shall he filled by the county
court of the county until the next general election.
| JoNr EEsotrrtos proposing an amendment TO the
| Constitution 81 this state.
| Ksfllrea D. ne Lsgi,infurc 81 Hest Vug'aid. two.
fts " az az mesahcrs ccfed 10 e1ch House acreeC
Thereto That the following be and the sane is here
| by proposed - sn amendment to the Constitution o
| THE rtRte. to-wits
That section thirteen q article three. u is
d. stricken out aud the following be inserted in lieU
| thereof
ei3 In ,nAs It common law. whore the value il
controversy etcee.is twenty dollars. exclusive Of IN
tere-i and costs. the right Of trial BY jury IL required
IS either party. shall le Preserved; and in such sui
before justice, jury may consist Of rix persons
/ ~ faft tf.d nv A ntrv shsI be- Otherwise examine