The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1880-11-10

4
the adoption of the Judicial Amend
ments 70 the Constitution upon the
courtsiof this State.
0urGircuit Court ID now in sess-
ion and, ID consequence, have not
time TO give your enquiry the care
fnl Consideration | should otherwise
cheerfully do.
AS TO THE CIRCUIT COURTS.
The10th section of Article s of the
amendment provides that, "the judi
ges cfthe circuit courts in Office when
this article takes effect, shall remain
therein until the expiration of the
term for which they have been elect
ed in the circuits in which they may
respectiTely reside,p &c.
The 2lst section Of the same arti-
Gle provides that, "Such parts Of the
common law, and Of tic tatcs of this
STATE as arc n force t0hen his article
goes INTO operation, aud are not repug.
nant thereto, slalE5eand continue he
ta.g Of Die STATE until altered or repeal
ed,N DC.
The 9th section Of chapter 40 of the
Acts Of 1879, provides that, @lf a ma
iority Of the votes cast at said elect
ion' be for.k tilic.ltion, the said pro.
posed amendment shall be in force
and effect from time OF such ratifcat.
ion" &c,
lam Of opion that the circuit
courts n.be held by the judges now
in Office until January LIST, 1881, in
all respects as if the amendment had
not been adopted. This is expressly
provided for in the 10th section
above quoted, 1t is true that by the
adoption Of the amendment, the cir.
cults as arranged BY the Constitution
of 1872, are abolished; but by the Dist
section the provision of the Constitu.
ton of 1872, arranging the circuits,
is continued in force until the term
of the old judges expires, which is
January |, 1881, because this provis.
ion was then and is now a part Of
"the laws Of this State" And by
the same section (Sec.21) all the stat
utes giving said courts jurisdiction
and fixing the times for holding the
same, are also continued in force.
AS TO THE COUNTY COURTS.
am decidedly of opionion that
since the ratification of said amend
ments, no county court, except such
as have been established under sec
ton "a of Article 5 of the Constitu-
ton of 1872, can be held for any pur.
pose. The latter part of section "a
and section 26 of the amendment
provides that the clerk of the county
court now in Office, shall remain
therein until January 1, 1881, and
that he shall exercise all the powers
and discharge all the duties conferred
on any court established under the 34th
Sec. Of Article Of the Constitution of
1872, or the clerk of such court, ere
specting therecording and preserve
tion Of deedsand other papers pre-.
scented for record, matters of probate,
the appointment and qualification Of
personal representatives, guardians,
comn1ittees, 'chrators and the settle
ment Of their accounts, and in all
matters relating to apprentices."-
But the county court established un-
der the Constitution of 1872, is given
no powers under amendment, either
in express terms, or by implication
on the contrary, the 18th section
of the amendment requires, that all
actions, &C., pending in a county
court arhen this article takes cfect,*
4 shall be transmitted to
and filed with the clerk of the circuit
court" &c. This section shows a
distinct intention to abolish the
county courts at once, upon the adop.
ton Of the amendment.
1t will be noticed that section a.
above quoted, does not confer upon
the clerks of the county courts the
powers heretofore conferred upon the
ordinary county courts, but the pow
ers of the county courts established
under section "a of Article s of the
Constitution Of 1872, which embraces
only class Of special county courts,
such as that now in existence in
Ohio county. The resent clerks of
the county courts then can exercise
and discharge only such duties in re-
lation to the recording of deeds, pro.
bate of wills, &C., as under the law
can be exercised by such special
county courts, or the clerks thereof.
This is singular limitation, but it
is the only one which authorizes any
acts TO be done by the clerks of the
county courts since the ratification
of the amendments.
I have not examined what the
powers and duties of these special
county courts and of their clerks are,
but I presume they will be found to
be substantially the same as those
heretofore conferred upon the ordina-
ny county courts and their clerks.
Very truly, &c,