West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1880-09-25

papers presented for record, matters Of
probate, the appointment and qualiGca-
ton OF personal representative guar
di&us, committees. CuratJrs and the set.
Element OF their accounts, and i'm ali
matters relating To apprentices.
-. AL act, n, suits and proceedings
not embraced in tho next preceding
section, pending i'm n county court when
this article takes effect, together with
the records and papers pertaining thereto
As well as all records and papers per
tanning To sIch actions, suits and pro-
Ceedings as have already been disposed
OF by said courts shall be transmitted t.
and ii with tho clerk of tho circuit
court Ct the county To which Office all
process outstanding at the time this arts
Gle goes INTO operation shall bc returned,
anu sStd clerk shall have the same power
and shall perform tho same duties la re
lation o such records, papers and pro-
cecdings as were vested IN and required
Of the c,erk of the county court. on the
day before this article shall take effect
All such actions, suits and proceeding,
50 pending as aforesaid, shall be dOck-
eted, proceeded i'm, tried, heard aud de-
| tcrinlned in all respects by the circuit
court aS n said suits and proceeding
had originated in said court.
%. Inc voters Of each county shall elect
clerk Of the county court. whose term Of
OiACo shall bc six years. His duties and
compensation, and the manner OF tai, re-
mONal, Shall be prescribed 10y law. But
the clerks of said courts, now in Office,
shall remain therein Ior the term for
which they have been elected, unless
sooner remove theIeirom, in the mans
ncr prescribed by law,
p. Each county shall he laid Oh into
districts, not less than .hrce nor more
| ten IN number, and a nearly equal as
may Ae i'm territory and population.
There shall be elected IN each district
containing population not exceeding
twelve hdndrCd, one Justice IF tho peace,
and n the population exceeds that NUNS
her, two such Justices shall be elected
therein Every justice shat reside i'm the
district for which he was elected. and
hold his Office for the term OF tour years,
unless sooner removed in the manner
pre- -cribed by law. Ihe districts as they
now exist, shall remain till changed bv
the county court
y. The civil jurisdiction of "A Justice of
The peace shall cNtend to actions Of as
sumpsit, debt, dctiuue aud troy or, if the
amount claimed, exclusive Of interest
does not exceed three hundred dollars /.
The jurisdiction of Justice, o. the peace
shall extend throughout their county 4:
they shall he CpnsCrydtOr- OF the peace
aud have such iurisIic ION and power in
cruhluAi ftSe~ as may be prescribed by
law And Justices OF the peace hail have
authority 10 take the acknp ~ lcdvinont of
deeds and other writings administer
OuthS, and take an certify dcpOSitiOnS
Aud the legislature may give to Justices
such additional civil jurisdiction and
powers within their respective counties
a. may he deemed oSpcdicut, undrrsuch
regulations and reStric ton as may he
prescribed by general law, except that i'm
SUITS To recover money or damages their
jurisdiction and powers shall in no case
exceed three hundred dollars. A ppealS
shall be allowed from judgments OF JUS
tees of the peace i'm such manner rs may
be prescribed V law,
~. The legislature shall upon the APP
phcatlon OF any county, reform, alter or
modify the county court established by
thls article IN Sucn county, and i'm lieu
thereof, with tn assen. OF a majority of
the voters OF such co..ntv, voting at Am
election, create another tribunal for the
transaction OF the business required { he
performed by the county court created
by this article; and in such case, all the
provisions of this article iu relation To
the county court Shall be applicable to
the tribunal established i'm lieu of saiu
court. Ana when such tribunal has been
established, ii shall continue TO act in lieu
OF the county court until otherwise pros
vided by law.
&c. The o,tico of commits Toner aud rus~
tIce Of peace shall be deemed iHcompati~
bic. Vacancies i'm the Office of commis>
Sioncr, ciCrk OF the county court and iuS~
county court Of The county until the next
ger cral cctiun.
JoINT RKs LUTON proposing an amend
Iucnt To the Constitution Of this
State.
Resolved by the legislature Of West
Virginia, tNr thirds Of all the members
elected 70 C.ch House agreeing thereto:
That the following bc and the same is
hereby proposed as an amendment 10 the
Constitution OF this State, to-Sn:
That section thirteen, Of article three,
as ii now is, ne stricken out and The fol-
loving be inserted in lieu thereof:
ID. In suits at common llw, where the
value in controversy t%crcGs twenty dol
lars, exclusive OF interest aud c ste. he
right of rh by jury, If required by eli
lhcr party shall be preserved: and i'm
sucn suit d. fore "a justice, "a jury ma,
consist of six persons 40 fact trI.d bN
Al jury shall be- otherwise re- S4mmyd IN
any case than according jo tao rules OF
the common law "