Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-09-18

aud appes's in civil rem said cost shall lie
di &C, 20 re 81 e1-s Couts ~ n%esfs.
90 No ciizen o. his safe wno AIDED "a .ic-
p E ia The late "a be>wees The Gsye. 9; the
Ipited Stsses AID y o. ths neo9e zoe reof on
q re side, shsD Je .3ie oceeo %, cisJt tr
cTjmiDa; sna" ri' a-ooe 0e ss;zeo or s0i6 I'M
der foal process iss0ea Upoa Judgments or decree
hers,oiors rende ed ONE wise beeadse Of aov act
done n accordance with .pe psafes OF yil;ee va
fare in he y osecution Of sad va. Tue le at,I,e
sbail nrovide ny gene a. laws iof elUag all 1otce
q. Such pats OF the common law. AID Of the
LAWS OF shs 81 e as a ia force wien ,5s tiele
goes into opefason. ana are not jepcooapt he go,
ed eDea ed by toe lee aa,c e. Al via and Grim
inal SUES and proceed nEs pendier 10 the former
circuit coui o. VIE fhAli ien!Sta snd be pro-
ceeded " aeore the c'cuit cogJv Of the com les 10
which they were pending.
ccuSrY cooRTs.
p. There shall he ia each con t. Of the State
Couo,y Court, composed Of three commissioners,
and swo Of said comT sgionsr shall be Quorum
for the transaction OF business. j. shall hold fou
regular SESSIONS in each year, at slch times as nav
be i@ed upon and en.ered Of record by the said
said court Prov sions may be made by law FOL hold
ing spec al sessions Of said couis.
%. The commissioners she'll be elected by the
voters Of the coun.v and hold heir ofice for the
60 "A OF SIX years, except thaL ut the meeting Of
said commissioners they shall de guate, by 10. er
ohe OF their Jmbe- who shall hold his Office or the
term o. two years, f s)uz yea g. and one for
six years, 50 that one shsli be cied every swo
Fears. But no two OF said commissioners shah be
elected from me same m .sterie ofss let And il
Two or moe persons 1esidi1g IN ne d ST. ct
shall receive me greater nber Of cast al "
eleesior hen only sucn pc sons ~eceig -
the hlenejt numJer sha be declared eee.ed, aaa
me person living 10 aaot or distIict who shai'
ceive the De-t ighe3. number o. spa be de-
cared eec,ed. SAT- co 2n s1ioners saalt annually
elect of their number as presdep ard each
shall receive 81 day for bis services in eous 20
be paid QUE OF he county treasp.Y.
o. The county courts through heir clerks shall
have the crstody o. all deeds and paDeTs PEE
s6aii be- pr eTyed tberei5 or othe wise iau osed o
mn 50 mr. ma be scrib nod nv law Tb.sv oil
have jufisdi con in all matters of probate he ap-
po.n.men ID qualification Of pc sona representa-
ives, gua dams commiese Is, cuia,ofs end the set
lehe1s % men mCcouHts, anu ia al ulat'es relating
20 app ices. They shall, also, under SIC regula
tons may Je prescribed ~ law, The superin-
tendeDce and admlnstl alton o. ehe inc nal police
and fiscal affairs OF tbeT countess inclue q tbe
tabtsdu ent and rec ulaon of lo1Gs ways, bridges,
pubic lanr ngs, fefies ana muls, with 9uehorty 70
lag and dsJpise the county leVies. Pf0ridea, That
Ii for {. sale o. ca,jlg liquors ia any
incorporate ed ~, Gown village spell be granted
without me consent Of the municipal aethoiities
thereof, frs, bad end Obtained They shal. in ell
cases OF cont !, Judge Of the elect 0 qualification
and returns Of their members anG Of all county
and district ocer rs, subject sucn regulations, by
appeal al otherwise, as may be prescribed by law.
may be prescribed by law fer the probate OF Wills
ana for the appointment and qualification of person
al representatives. guardians, committees and
tors during the recess OF the regular sessions of the
county court Such tribunals as have been hereto
fore establishedby the legislature under and by viz
tue OF the thrtyfourth section OF the eighth cle
OF the Constitution OF one thousand eight hundred
and seyenty-two for police and fiscal pu poses s1at
until otherwise provided by law, remain
tnue at present constituted in the counties in
which they have been respectively established ana
shall be and as police and fiscal matters in lieu
of the county court created by ibis article until other
wise provided by law. And until otherwise proyd-
ed by law, such clerk as is mentioned in the twenty
sixth Section of this article shall exercise any powers
and discharge any duties heretofore conferred on,
required of any court tribunal established for judi
ca purposes under the said article and section of the
Constitution of one thousand eight hundred and sew
enty-two or the clerk of said court or tribunal re-
specyely respecting the recording and preservation
OF deeds and ether papers presented for record mat
ters of probate, the appointment and qualification of
personal representatives, guardians, committees.
ators and the settlement Of their accounts and il all
matters relating to apprentices.
%. All actions suits and proceedings not embraced
in The next preceding section, pending in q county
court when this article takes effect, together with
the records and papers pertaining thereto well as
all records and papers pertaining to such actions,
suits and proceedings as have already been disposed
of by said courts shall be transmitted 10 and fled with
the clerk Of The cult court OF the county to which
office all process outstanding at the lime this article
goes INTO operation shal be reVurned and SAID clerk
snail have the same power and shall perform the
duties in relation to such records, papers and
proceed ngs as were vested in and required of the
clerk Of The county court, on the day before this
tlce shan take erect Al SUCH acton suits and
proceedings so pending as aforesaid sualI be Docket
ed, proceeded in, tied, heard ana determined in all
respects by the circu. colrt, ASH aid suits and pro-
ceedlngs had originated IN SAID court.
Is. The voters eff each county snail elect clerk OF
| the county court, whose tarm OF ice shall be SIX
years. His duties and compensation, aud the man
ner Of his removal shall be prescribed by law But
the clerks of said courts now in oaice sjaIl remain
therein for Tue term for bcn .hey have been elect
ed unless sooner removed .hererom, il Che manner
| prescribed by law.
q. Each county shall be laid off into districts, not
| less than three no moe than in lumber, and
nea.ly equal rs may be ia teirsory and population.
There shall be elected in each district, containing
population not exceeding twelve hundl justice
OF che peace and The population exceeds that num-
Der, such justices shall be elected therein. Every
justice shall reside in the district for which he was
elected anS hold his office for the term of four yeaIs
| unless sooner removed in Che manner prescribed by
law. The districts shey now exist shall remain till
| changed by the county court
2s. The civil jurisdiction of justice of the peace
shall extend 10 actions OF assum osi, debt, detnue,
and trover, if the amount Claimed exclusive of in
terest. does not exceed three hundred dollars The
jurisdiction of Justices OF The ueace shall extend
throu shout their county; they SHAH 10 conseryaors
of the peace, and have such Jurisdiction and power
in criminal cases as may be l.eser sed by law. And
justices of the peace shall have authority TO take the
| Acknowledgement of deeds and other writings, ad-
| minister oaths ana take aud cer.i dispositions And
the legislature may give TO justices such additional
civil jurisdiction and powers within their respective
counties as may be deemed expedlent, nder such
regulations and reside ons may be prescribed by
general law, except mat in suis to recover money
damages their Ju 'sdlction and powers shal in no
case exceed TIN lee hundred dollars Appeals shall he
allowed fcom Judgments of justices OF the peace in
| such manner as may be prescribed bv law.
| %. The legislature shall upon auplicaIon of any
county, reform, alter or mod the county court es-
tablished bv this arte le in such county and in lieu
thereof, with T. fssent of majority Of the of
such county, voting at an election, create another
tribunal for Inc trans.ction of the business reouired
to he performed by lhe county court created by This
article; and IN such case. all the provisions in IBIS
ar,.cle in relation the coInty court shall be apD-
cable to the tribunal established lieu OF said court
| And when such tribunal has been established. it
shall continue 20 act in lieu Of the cOdnty until
| othe wise provided by law.
30. The office OF com missioner aud Justice Of the
| peace shall be deemed incompatible. Vacancies in
the Office OF commissioner eek Of the county court
aud Justices OF The peace shalt be ted by the county
court Of the coun,y unit me neat general election.
| Joivr RESOLUTION proposing an amendment to the
Constitution his state.
Fss0'rs} By the Legislature Of H'est Virginia. tico-
tliris all the pen1ers e,ed to each House Ggyccnq
thereto: Tnat 80. owtng be nd the same Is here
| by proposed as aucndn 70 tue Constitution OF
| This StJte, to-wit:
THAI secdou thirteen, OF article three It now is
be 81 icken oat and the following be inserted in lieu