Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-31

4
the said court shall appoint CLERK TO act there.
In. The clerks Of said courts In ofhcs when thii
article takes effect shall remain therein for the
n MsIS 1 w
10, The Legislature may esablish courts Of
| limited jurisdiction within any county, tncor.
porated city, town or village, with the right Of
tations as may be prescribed by law; and all
courts of limited Jurisdiction heretofore estsb-
lished In amy county, incorporated city, town OF
village shall remain as at present constituted
e eP eoaTt oi @Reeiins 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.
ticipated in the late war between the govern.
ment 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,
city be seized or sold under final process issued
upon judgments or degrees heretofore rendered,
or otherwise, because Of any act done In accord
aHcc with the usages OF civilized warfare IN me
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 srti
thereto shall be and continue the law oil the STATE
until altered or repealed by the legislature. All
civil and criminal suits and proceedings pend
shall remain and be proceeded in before the
circuit courts OF the counties In which they
were pending.
COUNTY COURTS.
o. There shall be in each county OF the State
county court, composed OF three commission
ers, and two OF said commissioners shall be
quorum for the transaction OF business. II shall
a lou ,lar In a
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.
voters of the county. and hold their office for
zee term OF six years, except that at the first
meeting OF said commissioners they shall desig
nate, by lot or otherwise, In 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
one shall be elected every two years. But no
tgo 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 ut any
election, then only the one OF such persons ne,
criying 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 num-
Der as president, and each shall receive e per
the county treasury.
81 The county courts through their clerks
shall have the custody OF all deeds ana other
papers presented for record in their counties,
aud the same shall be preserved therein, or
otherwise disposed OF, as now is, or may he pre-
scribed by law. They shall have jurisdiction IN
all matters OF probate, the appointment ana
qualification Of personal representatives, guardi.
ans, committees, curatOrs, and the settlement Oi
their accounts, and in ell matters relating To APP
prentices. They shall also, under such regula'
lions as may be prescribed by law, have the
superintendenCe and administration OF the IN
terlal 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 anu diSDurse
the county levics. Prorided, 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, iirst had and obtained. They shall,
in all cases Of contest judge Of the election,
qualification aud returns Of their own members,
and OF all county and district officers, subject to
such regulations, by appeal or Otherwise, as
may be prescribed by law. Such courts may ex'
crciSe such other powers and perform such sther
duties, not OF a judicial nature, as may be pre-
Scribed by law. And provision may BE- Nude,
under such regulations as may be prescribed by
law, for the probate o wills and for the appoint
ment and qualification OF personal representa-
tivcs guardians, committees and curators dur
ing the recess OF the regular sessions OF the coun.
" court. Such tribunals AS have been hr.eto.
fore established by the legislature under anu by
virtue OF the thirty-fourth section of the eighth
article Of the Constitution o. one thousand eight
hundred and seventy-two, for police and fiscal
purposes, shall, until otherwise provided by law,
remain and cOntnue as at present constituted in
the counties In which they have been respec-
lively established, and shall be and act as to
police and fiscal matters in lieu OF the county
court created by this article until otherwise pro.
yilei By law. And until otherwise provided
by law. such clerk AZ is mentioned In the TWEEN
ty-Sixth section Of this article, sha exercise any
powers and discharge any duties heretofore con.
ierred 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 seyenty.two, OF
the clerk OF said court or tribunal
respectively respecting the recording and pres
ervatoA Of deeds and other papers presented for
record matters OF probate, the appointment and
qualification OF personal representatives, guar
dams. committees, curators and the settlement
OF their accounts, and In all matters relating TO
apprentices
-. All actions, suits and proceedings not EN-.
braced in the next. preceding section, pending
in county court when this article takes effect
together with the records and papers pertaining
thereto rs well GS all records and papers pertain
ing Ia such actions suits and proceedings, a.
have already been disposed OF by said courts
shall br transmitted 10 and filed with the clerk
of the circuit court Of the county to which office
all process outstanding at the time this article
goes into operation shall be returned: anu said
clerk shall have tn same power ana shall per
form the same duties In relation To such records,
papcrs and proceedings rs were vested in and re-
quired OF the clerk OF the county
court, on the day before this ar
ticle shall take effect. All such actions,
suits and proceedings 81 pending as aforesaid,
shall be doCketed, proceeded in, tried, heard
and determined in all respects by the circuit
court. rs ii said suits and proceedings had origi-
mated in said court
Is. The voters Of each county shall elect a
"a, tarm M nn "a
shall be six years. His duties and compensa.
ton, and the manner Of his removal, shall be
prescribed by law. But the clerks OF shid courts.
now in office, shall remain therein for the term
for which they have been elected, unless sooner
removed therrilOm, in the manner prescribed
by law.
"a. Each county shall be laid of into districts,
not less than three nor more than ten In num-
Der, and rs nearly equal a may be In territory
and population. There shall be elected In each
district containing population not exceeding
twelve hundred, one justice OF the peace, and II
the population exceeds that number, two such
justices shall be elected therein. Every justice
shall reside In the district for which he was ell
ected and hold his office FOL term Of four years,
unless sooner removed in the manner prescribed
by law. The districts rs they now exist, shall
remain till changed by the county court.
y. The civil jurisdiction OF justice OF the
peace shall extend to actions OF assumpst, debt,
dctinue and trOver, il the amount claimed, ex-
elusive of interest, does not exceed three hun
peace shall extend throughout their county:
they shall be conseryators of the peace, and
have such jurisdiction and power in criminal
cases as may be prescribed by law. And justices
al the peace shall have authority 10 take the
acknowledgement Of deeds and other writings,
administer oaths, and take and certify deposit
tons And the legislature may give IN justices
such additional evil jurisdiction and powers
Within their respective counties ~ may be deem
ell expedicnt under such regulations and re-
strictiOns a. may he prescribed by general law,
except that in suits Ia recover money or damages
their jurisdiction and powers shall In no case
exceed three hundred dollars. Appeals shall be
allowed from judgments Of justices of the peace
In such manner n may be prescribed by law.
~ The legislature shall upon the application
If any county. reform, alter or modify the coun-
Is court established by this article in such
county, and in lieu thereof, with the assent of
a majority Of the voters 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 10y this arti.
Gle: ana in such case all the provisions OF this
article in relation 10 the county court shall be
applicable 10 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 by
law.
So The Office OF commissioner and justice of
peace shall be- deemed incompatible Vacancies
in the Office of commissioner, clerk OF the coun.
81.