Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-26

term for which thsy were elected, nfiiess soonei
removed In the manner prescribed By Law.
limited Jurisdiction within any county, incor
porated city, town or village with the right Of
appeal to the circnit court subject to such limi
tstlons as may be prescribed BY law; and ali
courts Of limited jurisdiction heretofore estab.
lished In any county, incorporated city, town OF
village, shall remain as at present constituted
until otherwise provided BY law: The mum
eipal court Of wheeling shah continue in exist.
ence until otherwise provided by law. and said
court and the Judge thereof, shall exercise the
powers and jurisdiction heretofore conferred
upon them and appeals in civil cases from said
court shall lie directly TO the supreme court oil
| appeals.
20. No ctiz this State who aided or par.
| ticipated in the late war between the govern.
| melt OF the United States and part of the peo-
pie thereof on either side shall be liable In any
proceeding. civil or criminal: nor shall his prop
ETY. be seized or sold under final process issued
| upon Judgments or degrees heretofore rendered,
! or otherwise, because of any act done in accord
snce with the usages Of civilized warfare in the
prosecution OF said war. The Legislature shall
provide by general laws, for giving full force and
| effect TO this section.
81. Such parts OF the common law, and OF the
laws OF this state as are in force when this arti-
Gle goes into operation. and are not repugnsnt
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until altered or repealed by the legislature.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,
|
circuit courts of the counties In which they
| were pending.
COUNTY COURTS.
- There shall be in each county OF the State
| q county court, composed Of three commission
| ers, and two of said commissioner shall be q
| quorum for the transaction of business. 1t shall
| hold four regular sessions in each year, at such
| times as 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.
% 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 desig
| 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 years. But no
two of said commissioners shall be elected from
| the same magisteral 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 one OF such persons re-
| ceying 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 shall annually elect one OF their mum.
Der a president, and each shall receive g per
| day for his services in court, 10 be paid out of
! the county treasury.
| 81. The county courts through their clerks
| shall have the custody OF all deeds and other
| papers presented for record in their counties,
aud the same shall be preserved therein, or
| otherwise disposed OF, IL now Is, or may he pre-
| scribed by law. They shall have jurisdiction III
all matters OF probate, the appointment and
! qualification OF personal representatives guard.
| ans, committees, curatOrs, and the settlement Of
their accounts and in al matters relating Ia APP
prentccs. They shall also, under such regula.
| tons may be prescribed by law, have the
| superintendent and administration OF the IN
teraal police and fiscal affairs of their counties
0l,. III u1gIf
roads, ways, bridges, public landings, ferries
and mills. with authority 10 lay and disbur>e
| the county levies. Pr0ridsd, That no license
for the sale OF intoxicating liquors in any incor-
! porated city, town or village. shall be granted
| without the consent Of the municipal authOri
! ties thereof fist had and obtained They shall
/ in all cases OF contest Judge Of the election,
| qualification and returns Of their own members
and OF all county aud district officers, subject To
! such regulations, by appeal or otherwise ms
| may be prescribed by law. such courts may cS
| erciSe such other powers and perform SuCh ether
| duties not Of a judicial nature, ~ may be pre-
| Scribcd 10y law. And provision may be made,
| under such regulations n may hc prescribed 10y
law for the probate O wills, and for the appoint
| mcnt and qualification Of personal representa-
tiycS guardians, committee and clratOrS dur
ing the recess of the regular sessions OF the Coun
| ~ court. such tribunals rs have been hereto
fore established by the legislature under and 10y
virtue Of the thirty fourth section Of the eighth
article of the Constitution q! one thousand eight
! hundred and Scvcnty-twO, for police and fiscal
purposes, shall until otherwise prOyidedhy law,
remain and cOntn nc rs at present constituted III
| the counties in which they have been rc>pcc-
| tivrly established, and shall be ana act MS 10
| police and fiscal matters in lieu OF the county
court created by this article until otherwise pro.
| vidcd by law. AHd until otherwise provided
| 10y law, such clerk Ms Is mentioned III the tNen-
ty.SiXth section Of this article, shall exercise any
! pnwcrs aud discharge any duties heretofore con
icrAi on or required Of any court or tribunal
established for judicial purposes under The said
article and section Of the constitution OF one
| thousand eight hundred and sevcnty-two or
| the clerk OF said court or tribunal
respectively, respecting the recording ami pres
ervatioH OF deeds and other papers presented Tor
record, matters Of probate, the appointment ana
qualification Of personal representatives guar.
dianS. committees, Curators and the settlement
OF their accounts, and ia all matters relating to
apprentices
-. All actions suits and proceedings not EN-.
braccd in the next preceding section, pending
in county court when this article takes effect,
together with the records AMI papers pertaining
thereto well "a all records AMI papers pertain
ing To such actions suits AMI proceedings. n
have already been disposed of by said courts
shall be transmitted To and filed with the clerk
of the circuit court Of the county 10 which Office
all process outstanding AT The time this article
goes into operation shall he returned; aud said
clerk shall havethc same power and shall per
form the same duties in relation to such records,
papers and proceedings ~ were vested IN and re-
court COURT on the DAY before this ar,
ticle shall take effect. All such actions,
suits and proceedings 80 pending a aforesaid:
shall be dockctcd, proceeded in, tried, heard
and determined in all respects by the circnit
court rs If said suits and proceedings had origi-
mated in said court.
70 The voters OF each county shall elect
clerk of the county court whose term Of Office
shall be six wears His duties and COmpenSa.
ton and the manner Of his removal, shall be
prescribed by law. But the clerks of said courts,
now in Office shall remain therein for the term
for which they have been elected, unless sooner
removed thereiIOm, In the manner prescribed
VI. Each county shall he laid of into districts,
not less than three nor more than ten i'll mum
Der, and as nearly equal as may be IN territory
and population. There shall be elected i'll each
district containing population not exceeding
twelve hundred, one justice Of the peace, and II
the population exceeds that number, two such
justices shall De- elected therein. Every justice
shall reside in the district for which he was ell
ected and hold his Office fOi term of four years,
unless sooner removed in the manner prescribed
by law. The districts as they now exist, shall
remain till changed by the county court.
~ The civil Jurisdiction OF justice Of the
peace shall extend 10 actions Of assumpSt, debt,
ietinue and troyer. IL the amount claimed, eX.
elusive of interest, does not exceed three nun
bred dollars. The jurisdiction OF justices OF the
peace shall extend throughout their county:
they shall be COnservatOr Of the peace, and
have such jurisdiction and power in criminal
cases ~ may be- pres, -ibed by law. And justices
al the peace snail nave hulHpIlly W UNIV Nht
owledgmcnt Of deeds and other writings,
administer oathS, and take aud certify deposi-
tons And the legislature may give "a justices
such additional evil jurisdiction and powers
within their respective counties a may be- deem.
cd eSpedient under such regulations and r.
strictionS aS may be- prescribed by general law,
except that in suits To recover money or damages
their jurisdiction and powers shall III no case
exceed three hundred dollars. Appeals shall be
allowed from judgments OF justices OF the peace
i'm such manner a. NAV be- prescribed log law.
% The legislature shall upon the application
OF any county. reform, alter or modify the coun'
Is court established 10y this article III such
county and in lieu thereof, with the assent oi
a majority OF the voter Of such county. voting
al AN election. create another tribunal for the
transaction OF the business required 10 he per.
formed By the county court created by this arti'
Gle: and in such case all the provisions OF this
article in relation To the cousty court shall be-
applicablc to the tribunal established in lieu OF
said court And when such tribunal has been
established, il shall continue Ia act in lieu OF
the county court until otherwise provided 10y
law.
so The Office Of commissioner and justice nf
peace Shall be deemed Incompatible Vacancies
I'm the Office Of commissioner, clerk OF the cOun.
~ court aud justices Of the peace shall be filled
By the county court OF tn. county until the next
general election.
JoIST RESOLUTION proposing an Amendment
70 the Constitution OF this state.
RcSprei bg hs Legislature Of UcS Virginia,