Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-07-10

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pated IN the late between the Government. the
United States and part Of the people thereof on
either side shall be liable In any Proceeding civil
criminal; nor shall hi- property be seized sold
der final process Issued upon judgments or degrees
herstofore rendered OF otherwise because Of any act
done IN accordance with the usages OF civilized
fare in the prosecution Of 81 war. The legislature
shall provide by general laws for giving full force
| q. Such parts OF the common law, and Of the
laws Of this state in force when this article
goes into operation and are not repugpant thereto
shall be and continue the law the State until alter
ed or repealed by the Legislature All civil and GRIM
ins suits and proceedings pending in the former
circuit courts Of this State shall remain end be pro-
ceeded IN before the circuit coarts Of the counties IN
| which they we're pending.
COURTS.
% There shall be in each county Of the State
| county Court, composed of three comm issoners,
and two OF said commissioners shah be quorum
for the transaction of business. II shall hold four
be fixed upon and entered Of record by the said
said court. Provisions may be made by law for hold
ing special sessions Of said court.
23. The commissioners shall be elected by the
voters Of the county, aud hold their office for the
term of six years except that at the first meeting Of
said commissioners they shall designate by lot or
otherwise, In such manner as they may determine,
Of their number who shall hold his Office 10 the
| term of two years. one for four years and one for
| six years, so that shall be elected every two
years. But no two Of eaid commissioners shall be
elected from the same magisterial district. And if
two or more persons residing in the district
shall receive the greater number of cast at any
election then only the Of such persons receiving
HlEbeht NUMBER snail De declared elected. and
the person living IN another district. who shall
ceve the next highest number Of votes shall be de-
ciared elected Said commissioners shall annually
eiect one OF their number as president. and each
shall receive 81 per day for his services in court to
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-
sented for record in their counties, and The same
shall be preserved therein. otherwise disposed Of
as now IL. or may be prescribed by law. They shall
have jurisdiction in all matters OF probate, the APP
pointment and qualification Of personal Representa-
committees. he t.
tement OF their accounts, and In all matters relating
to apprentices They shall alec under sue h 70 oula
tons as may be prescribed by law have the superin-
tendence and administration of the internal police
and fiscal affairs of their counties, including the
adjustment and regulation of roads, ways, bridges,
public landings ferries and mills with authority to
lay and dsbuIse the county ileves. Prouidsd That
no license for the sale of intoxicating liquors in any
incorporated city town or village, shah be granted
without the consent of the municipal auth critics
thereof frss had and obtained They shall, in all
cases of contest. judge Of the elect on qualification
and returns OF their 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 wills
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 as have been hereto
fore established by the legislature under and by vir
tue of the thirty Fourth section Of the eighth article
of the Constitution of one thousand eight hundred
until otherwise provided by law, remain and con-
tnpe az at present constituted in the counties in
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 by law, such clerk as is mentioned in the twenty
sixth section Of this article shall any powers
and discharge any duties heretofore conferred on
required Of any court or tribunal established for Judi
cal purposes under the said atee and section Of
Constitution of one thousand eight hundred and sew
entytwo, the clerk of said tribunal re-
spectvey respecting the recording and preservation
of deeds and other papers presented for record,
tiers of probate the appointment and qualification of
ttaaa
ators and the settlement of their accounts and in all
matters relating to apprentices.
25 All actions, suits and proceedin not embraced
in the next preceding section, pending in a 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 and proceedings have already been disposed
OF by SAID courts shall be transmitted to and filed with
the clerk ofthe circuit court of the county to which
office all process outstanding at the time this article
goes 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 as were vested in and required of the
clerk Of the county court the day before this
tcle shall take effect. All actions suits and
proceedings so pending as aforesaid shall be docket
respects by the circuit court asf said suits and pro-
ceedings had originated in SAID court
26. The voters ef each county shall elect clerk Of
the county court, whose term of ONCE shall be six
years. His duties and compensation, and the man
ner Of his 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 therefrom, in the manner
W,
27. Each county shall be laid of into districts not
less than three more than ten in number, and as
nearly equal as may be in territory and population
There shall be elected in each district, containing
population not exceeding twelve hundred one justice
1.-THE peace and the population exceeds that num-
ber such justices shall be elected therein Every
justice shall reside in the district for which he was
elected and hold his office for the term Of four years
unless sooner removed in the manner prescribed by
law The districts as they now exist shall remain TIL
changed by the county court.
%. The civil jurisdiction Of justice Of the peace
ahal AID nn anfa Aaht
and trovsr, if the amount claimed, exclusive Of in-
terest does exceed three hundred dollars. The
tSrouShout their COUNTY theS sRsIi be Generators
of the peace, and have such jurisdiction and power
in criminal cases as may be prescribed BY law; And
justices Of the peace shall have authority TO take the
| acknowledgement of deeds and other writings, Al
minister oaths and take and certify depositions And
the legislature may give to justices such additional
civil jurisdiction and powers within their respective
counties as may be deemed expedent, 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
exceed three hundred dollars. Appeals shall be
allowed from 9udgmehs o. J9sde s. 81 sne peace Al
20. The legislature shall upon application OF any
county, reform, alter modify the county court es
ablished 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
tribunal for the transaction of the business required
be performed by the county court created by this
articles and in such case, all the provisions in this
article in relation the county court shall be- appli
cable TO the tribunal established in lieu Of said court
And when such tribunal has been established. It
shall continue TO act in lieu OF the county court until
| otherwise provided by law.
30. The Office OF commissioner and justice Of the
peace shall be deemed Incompatible Vacancies in
the office of commissioner clerk OF the county court
and justices Of the peace shall be filled by the county
court OF the county until the next general election.
| Joxr RESOLUTION proposing an amendment to the
Constitution Of this State.
Resolved BY the Legislature o. West Virginia. tro-
hrds Of all the Members elected 10 each House agreeing
thereto That the following be and the same is here
by proposed amendment to the Constitution OF
| this state, to-wit:
That section thirteen, Of article three MS It now Is
be stricken out and the following be inserted in lieu
thereof
"l3. In suits at common law. where the value in
controversy exceeds twenty dollars exclusive OF in
terest and costs the right of trial by jury if required
by either party shall be preserved; and in such suit
before Justice, jury may consist of six persons:
No fact tried by jury shall be otherwise examined
| Inn IN he n