Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-10-05

lished In any county, incorporated city, town OF
village, shall remain as OF present constituted
until otherwise provided BY law. The mum
cipal court OF wheeling shall continue in eIis;
enee until otherwise provided by law. and sale
court and the judge thereof. shall exercise tn,
powers and jurisdiction heretofore conferred
upon them and appeals in civil cases from sale
appeals.
u. No citiz this State who aided or par
ticipated in the late war petw cen the govern
ment OF the United States and a part OF the peo
pie thereof on either side, shall be liable in AMI
proceeding, civil or criminal nor shall his prop
eity 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 III,
provide by general laws, for giving full force ans
effect TO this section.
q. Such parts OF the common law, and of tbs
a OF this state as are in force when this art
Gle goes into operation. and are not rppugnan'
thereto, shall be and continue the law of the STATE
until altered or repealed by the legislature. AL
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 Sstt
q county court, composed Of three commission
ers, and two of said commissioners shall be
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.
q The commissioners shall be elected by the
voters OF the county. and hold their Office fol
TIE term of six years, except that at the first
meeting of said commissioned they shall desig.
nate, by lot or otherwise, in such manner, rs
they may determine, ole OF their number, who
shall hold his Office for the term OF two years,
one for four years, aud one for six years, so that
one shall be elected every two years. But no
two Of said commissioner shall be elected from
the same magistenl district. And il two OF
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.
ceiving the highest number shall be declared
elected aud 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 81 per
day for his services in court, 10 be paid out OF
the county treasury.
"a. The county courts through their clerks
shall have the custody OF all deeds and other
papers presented for record in their counties,
and the same shall be preserved therein, or
otherwise disposed OF, Us now is. or may be pre-.
sCribed by law. They shall have jurisdiction in
all matters OF probate, the appointment and
qualification OF personal representatives guard:
ans, committees, %curatOrs, and the settlement Of
their accounts, and in all matters relating 10 ap-
prentices. They shall also. under such regula.
tons rs may be prescribed by law, have the
supcrintendence and administration OF the m
terlal police and fiscal affairs OF their counties.
including the establishment and regulation Of
roads. ways, bridges, public landings, ferries
and mills, with authority 10 lay and disburSe
the county leyles, PrOridfd, That 10 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, first 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 10
such regulations. by appeal or otherwise. as
may be prescribed by law Such courts may eX
erciSe such other powers and perform such -ther
duties, not OF a judicial nature, rs may be pre-
scribed by law. And provision may be made,
under such regulations as may be prescribed by
law, for the probate Ot wills, and for the appoint
ment and qualification of personal representa-
tiyeS, guardians, committees and curators dur
ing the recess Of the regular sessions OF the cOun-
" court. Such tribunals As have been hereto
fore established by the legislature under and by
virtue of the thirty-fOurth section of the eighth
article Of the Constitution OF one thousand eight
hundred and scVcnty-twO, for police and fiscal
purposes, shall until otherwise provided by law,
remain and continuc aS at present constituted IN
the counties in which they have been rc>pec-
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.
vided by law. And, until otherwise provided
by law, such clerk as is mentioned in the TWEEN
ty-sixth section of this article, shall exercised any
overs and discharge any duties heretofore con
ierrcd 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'hnndred and seventy.two, or
the clerk OF said court or tribunal
respectively, respecting the recording and pres
~eryatioH OF deeds and other papers presented for
record, matters Of probate, the appointment and
qualification OF personal representatives, guar
dams. committees, ciratorS ana The settlement
OF their accounts, and IN all matters relating 10
apprentices
brsced in the next preceding section, pending
in II county court when ms article lakes eject,
together with the records and papers pertaining
thereto rs well rs all records and papers pertain
ing 10 such actions, suits and proceedings. as
have already been disposed OF by said courts
shall he transmitted 10 ana hied win me clerk
OF the circuit court of the county To which office
all process outstanding at The time this article
goes into operation shall he returned: and said
clerk shall have the same power ana shall per.
form the same duties in relation TO such records
papers 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 so pending as aforesaid,
shall be docketed, proceeded in, tried, heard
and determined in all respects by the circuit
court, us If said suit, and proceedings had origi'
mated in said court.
26. The voters OF each county snail eject Il
clerk OF the county court, whose term OF office
shall be six years. His duties and compcnSa'
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
by law.
not less than three nor more than ten In mum
Der, and as nearly equa, as may be IN territory
a,l 40 n,l tian Thprn shall no elected in each
district containing a population not exceeding
twelve hundred, one justice OF the peace, and II
the population exceeds that number, two sueh
justices shall, be elected therein. Every justice
Shall reside in the district for which he was ell
ected. and hold his Office ioi term OF four years,
miles, 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 a justice OF the
peace shall extend TO actions OF assumpsit; debt,
detinue and trover, II the amount Claimed, eS'
elusive of interest, does not exceed three nun
dred dollars. The jurisdiction of justices oil the
peace shall extend throu Ihont their county;
they shall he cOnservators OF the peace. ana
have such jurisdiction and power In criminal
cases As NAV be prescribed 10y law. And justices
OF the peace shall have authority To take the
acknowledgment Of deeds anu other Writings,
administer oaths. and take and certify detosi-
tions. And the legislature may give - justices
such additional evil jurisdiction and powers
within their respective counties as may De deem
el eXDedieut. under such regulations ana re
s%triCtiOns as may be prescribed by general law,
except that in suits Ia recover money or damages
their Jurisdiction and powers shall i'll no case
exceed three HUNDRED dollars. Appeals shall be
allowed from judgments OF justices OF the peace
In such manner as may be prescribed by law.
~. The legislature shall upon the Application
of any county. reform. alter or modify the coun'
" court established by this article In such
county, and in lieu thereof, with the assent OF
n majority OF the voters OF such county, voting
Al An election. create another tribunal Tor the
transaction Of the business required 10 be per
formed by the county court Grated by this aIti'
Gle; AMI in such case. all the provisions OF this
article in relation 10 the county court shall be
applicable TO the tribunal established IN liSu OF
said court. And when such tribunal has been.
established. il shall continue To act IN lieu OF
the county court until otherwise provided by
law.
30. The affce OF commissioner and justice of
peace shall be deemed inCOm patible Vacancies
in the Office Of commissioner clerk OF the coun,
Is court and justices Of the peace shall De hlled
6v the county court Of n. county until the next
general election.
JoIST RESOLUTION proposing al amendment
Ia Inc Constitution OF this state.
RssSTsi Ly he Legislature Of Wet virginia,
',ro-ihiris ~ al tic members tbciSf 10 fich HO'.s>
acrerinJ thereto: That the following be AMI The
same is hereby proposed a. an amendment Ia
the Constitution Ofthis state, tn-vit'. .
That section thirteen, ui article three, Is IL
now is, be stricken out and the following DC IN
serted in lieu thereof:
''lS. In suits At common law, where the value
In controversy erceais twenty dollar exclusive