West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1880-07-31
cause the Judge shall fail 10 attend, or, II
in attendance, cannot properly preside.


| by the Governor. The salary OF "A Judge
OF tho supreme court Of appeals shall be
/ two thousand two hundrod dollars peT
annum, and that Oi judge OF
the circuit court shall 10 ono thou~
hand eight hundred dollars per an
same mileage as mem 5ers of the Legis~
| lature. PROVIDED, That Ohio county may
pay an additional sum per annum to the
| Judges or the circuit court thereof; but
such allowance shall not DO increased or
| diminished during the term Of Office OF
! the judges TO whom il may have been
made No judge during his term OF Of
| flee shall practice the profession of law
! or hold any other Office, appointment or
public trust, under this or any other
government. and the acceptance thereof
| shall vacate his judicial office. Nor shall
he during his continuance therein DO els
| igib!o to any political Office.
| IL. Judges nav DO removed from Of
fee by concurrent vote of both houses
| of tho Legislature, when from rye, dis
ease, mental or bodily infirmity or in
| temperance, they are incapable of dis
charging tho duties of their Office. But
! twONthirds Of all the members elected to
| each house must concur in such vote,
\ and the cause of removal shall be en-
| tered upon the journal Ct each house.
| The judge against whom tho Legislature
may DO about To proceed shall receive
notice thereof, accompanied with the
! cause alleged for his removal, at least
| twenty days before the day on which ac>
ton ia proposed to be takcu therein.
| Is. The voters OF each county shall
| elect clork Of the circuit court, whose
| term OF Office shall be six years his du-
| ties and compensation and the manner
| OF removing him from JiliCo shall be pre-
| Scrlhod by law; and when n vacancy
| shall occur in the office, tho circuit court
or the Judge thereof in vacation shall fill
the same 10y appointment until the next
| general election. In any case in respect
| to- which tho clerk shall be so stu lted as
to make it improper for him to act, the
tho said court shall appoint clerk TO act
therein. The clerks of said courts i'm of
flee when this article takes effect, shall
remain therein for tho term for which
they were elected, unless sooner removed
in the manner prescribed by law.
49, The Legislature may establish
courts of limited jurisdiction within any
county, incorporated city, town or yil-
lagc, with the right of appeal TO the cir
cut court, subject TO such limitations as
may be prescribed by law; and all counts
of limited jurisdiction heretofore ostab-
lished i'm any county, incorporated city,
town or village, shall en- in as at pres
out constituted until otherwise provided
by law. The municipal court Of Wheel.
ing shall continue i'm existence until 9TH
erwiSe provided by law, and said court
powers and jurisdiction heretofore con.
ierred upon them; and appeals in civil
cases from said court shall lie directly To-
the supreme court Of appeals,
20. No citizen of this state who aided
or participated in the lato war between
the government of the United States ana
a part of the people thereof on either side
snail DO liable IN any proceeding, civil or
criminal; nor shall his property be seiz-
ed or sold under final process issued ups
on judgments or decroos heretofore ren,
dered, on otherwise, because of any act
dono in accordance with tho usagos O
civilized warfare in the prosecution of
said war. The Legislature shall provide
bV general laws, for giving full force and
effect To this section.
Il. Such parts of the common law and
oil the laws Of this State as are i'm force
when this article goes into operation, and
are not ropugnant thereto, shall be and
continue the law of tho State until alter
cd or repealed by the Legislature. An
civil and criminal suits and proceedings
pending in the former circuit courts of
this state, shall leniain and be pIo~
ceedcd in before the circuit conrtS of
tho counties III which they were pend
ing.
COUNTY COURTS.
%. There shall DO in each county of the
State Il county court. composed of three
commissioners, and two of said commits
Sloners shall be quorum for tho trans
action of business. 1t shall hold four
regular sessions i'm each yeaI, at such
times rs may be fixed upon and entered
of record 10y the said court Provisions
may be made by law for holding special
sessions of said court.
%. The commissioners shall be elected
by the voters of the county, and hold
their Office for the term of six years, ex-
cept that at the first meeting of said com
missioners thoy shall designate, by lot
or otherwise, i'll 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 ono shall be elected
every two years But no two of said
cor misSioners shall be elected from the
same magisterial district. And if two or
more persons residing in the same dis
trict shall receive the greater number Of
votes cast at any election, then only tho
one Of such persons receiving 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
commissioners shall annually elect ono
of their number as president, and each
shall receive - per day for his services
in court, To be paid out OF the county
treasury.
n. The county courts through their
clerks, shall have the custody of all
deeds and other papers presented for rec
ord III their counties, and the same shall
be preserved therein, or otherwise dis
posed of, rs now is, or may be prescribed
by law. They shall have Jurisdiction i'm
all matters OF probate, the appOiD tment
and qualification of personal representa-.
hYes, guardians, committees, Curatgrs
and the settlement Of their accounts. and
and in al matters relating to apprenti-
ces They shall also. under such repu-
lations ~ may be prescribed by law.
nave the SuperintendCnCo and adminis-
tratior of the internal police and fiscal
affairs OF tnoir counties, includi. the
establishment and regulation OF roads.
ways, bridges, public landings, ferries
and mills, with authority to- lay and dis
burso tho county levies. PyOUi,l,d
That no license for tho salo Of intox!ca.
ting liquors in any incorporated city.
town or village, shall be granted with.
out the consent of the municipal authOri-
ties thereof, first had and Obtained
Ihey shall in all cases of contest. iudpe
OF the election, qualification and returns
OF lhoir own members, and of all county
and district officers, subject t. such roc.
ul9tiOnS, by appeal o. otherwise. ds NAV
be prescribed by law. Such courts may
exercise such other powers and perform
such other dutios, not Of p judicial ma
iurc, AZ may boo prescribed by law.
Ana provision may DO made. under
5uch regulations as may be prescribed
bY law for tho probate Of wills, and for
mo appointment and qualification Of per-
sonal representatives, guardians, com-
nBENnNR @gU-~