Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-10-07

courts Vi IiLnIltu luIlSQlcuOu heretofore eSLaO-
lished In ANY county, incorporated city, town o.,
village, shall remain as al present constituted
until otherwise provided by law. The NUM-
clpal court OF Wheeling shall continue in exist.
elee 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 10 the supreme cour; oi
appeals.
10. No citiz this State who aided or rar.
tiCipated in the late war uetw cen the govern.
ment Of the United States and q 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 of any act done in accord.
ance with the uSages of civilized warfare in The
prosecution Of said war. The Legislature shall
provide by general laws for giving fall force and
effect - this section.
81. Such parts of the common law, and Of the
laws OF this state SIS are in force when this arr.
Gle gees into operation, and are not rrpugnaGi
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until altered or repealed by the legislature.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.
-. There shall be In each county of the State
a county court, composed OF three commission
erS, and two OF said commissioners shall be 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 rec
ord by the said court. Provisions may be made
by law for holding special sessions OF said
court.
p The commissioner shall be elected by the
voters Of the county, and hold their Office for
tie term OF SIX years. except that at the inst
meeting OF said commissioners thew shall desig.
nate, by lot or otherwise, in such manner, AS
they NAV determine, one of their number. who
shall hold his office for the term OF w" 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 magistenil district. And If two or
more persons residing in'the same district shall
receive the greater number of votes cast NJ any
c,ecupn, then only the one of such persons NJ
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 shall annually elect ono OF their mum
Der a. president, and each shall receive s. per
day for his services IN court, 10 be paid out of
the county treasury.
shall have the custody OF all leeds and other
papers presented Tor record in their counties,
and the same shall be preserved therein, or
| otherwise disposed OF, "a now il, or may be pre-
scribei by law. They shall have jurisdiction IN
all matters of probate. the appointment and
qualification Of personal representatives, guard.
ans, committees, C%uratOrS, and the settlement o!
| their accounts, and in all matters relating 10 APP
prcn,iCcs. They shall also. under such rrgula-
tons ~ may he prescribed by law, have the
superintendent and administration OF the III
tcrnal police and fiscal affairs of their counties.
including the establishment and regulation Of
roads. ways, bridges, public landings, ferries
and mills, with authority TO lay and di>bursc
the county levicS. PrDridtt, That no license
for the sale Of intoxicating liquors in any incnr-
pOratcd city, town or village, shall be granted
without the consent OF the municipal uuthOri-
ties thereof, first 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 and district officers. subject 10
such regulations. 10y appeal ur otherwise, rs
may be prescribed by law. such courts may eX'
erclSc such other powers and perform such ether
duties, not Of Il judicial nature, as may be pre-.
S'rlbcd by law. And provision may be mIic,
under such regulations as may bc prescribed by
law. for the probate 81 wills, and for the appoint
mcnt and qualification of personal representa-
tiycs. guardians, committees AMI CuratUTs Dur
ing the recess Of the regular sessions OF the coun.
~ court. SlCh tribunals AZ have been hereto
fore established by the legislature under and by
virtue Of the thirty-fourth section OF the eighth
article Of the Constitution q! one thousand eight
hundred and scvcuty-two, for police AMI fiscal
purposes, shall until otherwise provided 10y law,
remain and cOntinue aS at present constituted IN
the counties in which they have been rc>pcC-
lively established, and shall be and act as to
police and fiscal matters in lieu Of the county
court created by this aTtiylc until otherwise prO-
vilcd 10y law. Aud, until Otherwise provided
by law, such clerk ~ il mentioned in the TWEEN
ty.SiXth section Of this article, shall exercise any
bowers ana discharge any duties heretofore con
icrrrl 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 sevcuty-twn, or
the clerk o! said court or tribunal
respectively, respecting the recording ami pres
CrvatlOA Of deeds and other papers presented for
record, matters Of probate, the appointment ana
qualification oi persona! representatives, guar
dams, committees, c~uritOr> and the settlement
Oftheir accounts, AMI In all matters relating To
apprentices
-. Alluc,ions, suits and proceedings not en-.
braCCd in The next preceding section, pending
int county court when this article takes effect,
together with the records and papers pertaining
thereto ~ wei, a, all records AMI papers pertain
ing 10 such actions, suits and proceedings. as
have already been disposed Of by said courts
Shall BE- transmitted 20 aud filed with the clerk
OF ttc circuit court ot the county 10 which Office
all process outstanding ~ The time this article
goes into operation shall BE- returned; and said
clerk shall have the zane power and shall per-
form the sumo duties in relation 20 such records
uapcrS and proceedings as were vested in ana r.
quired OF the clerk "f the county
court, on the day before this ar.
ticlc shall take effect. All sIch actions.
suits and proceedings So pending n Aforesaid,
shall be dDcSetcl, Proceeded in, tried, heard
and determined in all respects 10y the circuit
court. rs if said suits and proceedings had Orig!-
mated in said court
~, The voters Of each county shall elect q
clerk Of the county court, whose term OF Office
shall be six years. His duties aud comPcn.a.
ton, auI Tie manner Df his removal, shall be
prescribed by law But The CLERKS oi said courts,
now in Office, shall remain therein for the term
for which they have been elected, unless sooner
removed thcrciiUm, in the manner prescribed
by law.
y. Each county shall he laid OF into districts,
not les than ihr,r nor more tGau ten IN mum
her, ami 81, nearly Clun, rs may hc in territory
and population. TEnrr shall IT, elected in cIch
district containing q population not exceeding
twelve hundred, one Justice ui thc peace, AMI
The population exceeds that number, two >'Ich
iuSt;,,.> shall h" elected therein livery Justice
Shall reside in the district iur which he was a.
ccirl. ami hold his Office lot term OF four years,
unless sooner removed in IN" manner prescribed
by law. 1h"dI>lric;> A. they now exist, shall
remain till changed ~ IA" county court.
y The civil jurisdiction OF a justice OF the
peace, shall extend To actions al u>-umiNit, debt,
Gctimuc aud trnvrr, II the amount claimed. cX'
elusive Of interest, docs not exceed three hun
drei dollars. The Jurisdiction of Justices 81 The
peace shall extend throughout their county
they shall be ChuScrvGt0rS Of the pcHcc, and
have such jurisdiction aud power IN criminal
eases a> may hc prescribed 10y law. And justices
at the peace shall have authority Ia take the
acknowledgment al deeds and other writings,
admiuiStc' u.ths, ard take aud c'rlity dei"'i-
lious. Ald The legislature may G.vtt1 justices
such a iItinUGl evil jurisdiction aud powers
WIhin their respective counties ~ may b. deem
"a cxp"i al. under such regulations and r.
S]rrirriu'. a, may ur prescribed 10y general law,
ryCrpi that in suits % recover money or damages
hcirfusi>i.Ction ami puwc'S shall IN n" ease
exceed three hundred dollars. Appeals shall he
allowed from judgments 81 justices 81 IN" peace
in such manner ~, may bc prescribed by law.
-. Tie legislature shalt upun III" application
OF any county, ~fyfurln, alter ur modify the com
IN count established 10y This article in such
county, auIiu lieu thereof, with The assent OF
= majority OF the voters Of sTCh county, voting
at an election. create another tribunal ir tie
transaction # the business required 'o he Per.
formed 10y IN" county court GRATED 10y this arti.
Gle: ami IN such case All tn PROVISIONS Of THIS
article in relation to the county court shall b"
sppli,ahlc 10 the tribunal established in lieu Of
said court. And when such tribunal has been
established. il shall continue Ia act in lieu 81
the county court unit! otherwise provided by
law
81. The eaice Of commissioner and justice NJ
peace shall Ice 4 cn,i Incompatible Vacancies
In the Office Of Commissioner, clerk OF the COlu.
IL court and justices IT the peace hail be filled
BY the county court OF IL. county unit! the next
general election.
JoIST RESOLUTION pr ,l0s'ng an amendment
To the Constitution IL tAi> State.
RcsDrei 'p IL" L,gitHHrc Of HHf virginia,
'.rp-flir9s gf a! N, M lrrs s,,''f 10 olcI Ho'iss
qqr.sing NSrr1, That The following be AMI the
Simc l. hereby proposed IL al amendment 10
thn Constitution Oi thIS safe, t"-wit:
That section thirtc -, al afiiCl" three. "a II
now i. he stricken oU' ard the following be In
serted i'm lieu thereof:
"lS. In suits at com law, whore tho value
In controversy exceeds twenty !p'lurS exclusive