Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-10-11

aItsaI ID tiic CifCiiil trblfs. subject Ia sltIi Uni
titlouS H. HAY D. prNrlhri by law: anil al
c.ufis "i limited jurisliosibn heretofore estab
liShvd in aiy county, incorporated city, Town o.
village, shall remain as al present constituted
until otherwise provided by law. The muui
cipal court Of wheeling shall continue in exist
cnce until otherwise provided by law, and sale
court and the judge thereof, shall exercise tn,
powers and jurisdiction heretofore c~onferret
upon them: and appeals in civil cases from SAID
court shall lie directly 10 the supreme court o
appeals. -,
ticipated in the la;e war Detw the govern
ment of the United states and a Iart Of the peo
pie thereof on either side, shall bc liable in any
proceeding. civil or criminal: - : shall his prop
city b. seized or sold under final process Issues
upon judgments or degrees heretofore rendered
or otherwise. because of any art done in accord
anCc with the uSlge of civilized warfare in ih(
prosecution Of Said war. The Legislature sha.
provide by general laws, for giving full force and
effect tn THIS section.
81. such parts of the common law. and of the
avs Of this state ~ ERE in force when this arii
Gle Z e. into operation, and are Toi rrrugnant
thereto, shall hc ani continue the law 81 the state
until altered or repealed by the legislature. AL
civil ard criminal suits and proceedings pend
ing in the former ciruuit courts ct this State,
shall remain and be- Proceeded in before III,
circuit courts of the counties in which they
were pending.
COUNTY COURTS.
-. There shall be in each county OF the State
a county ,0urt, COMPOSED of three commission
err. and two of sail commissioners shall be a
quorum for the transaction Of business. Ii shall
hold four regular sessions in each year, Al such
TIMES ~ may be fixed upon and entered oil rec
ord by the said court. Provisions may be made
by aw for holding special sessions OF said
court.
- The commissioners shall be elected by the
voters uf the county. and hold their Office for
tie term of six years. except tina, AT the first
meeting Of said commissioner they shall desig.
maze. 10y lot or otherwise, III such manner, as
they may determine. one III their number, who
shall hold his office for the term oi two years,
one for four years. and one fr six years, So that
one >hal! Ice elected every two Yeas. But no
t,o ui said commissioners shall bC elected from
the same magisteral district. And II two OF
more persons residing i'll the same district shall
receive the greater number Of votes cast at ANY
election, then only the one OF such persons ~
cciviug the highest number shall Ice declared
elected and the person living In another district,
who shall receive the next highest number al
votes, shall be declared elected. Said commits
siOuCr> shall annually elect ono OF their num
Der ~ pr, sidcnt, and each shall receive 8! pcl
day for his services IN court, 10 be paid out oi
the count treasury.
-. me 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 dispose ~. ~ now i. or may hc pre-
scriSc,i 10y Law 1hr' shall have jurisdiction in
all matters al ru.,a.c. the appointment and
uulllfica'iuu pt | Cr~uI al 80 ,re>entatiNcs, guarii'
am. committees, c%UrJlo0>, nui the settlement oi
their accounts. and In al Mates relating Ia APP
prcutiCcS. They shall al>n, t.ud r such r,gula
tons aS may bc Prescribed! 'y l"w, have the
sup,riutcuienCc amt Naturalization of the M
tcrlal police and fiscal AL ir> "i ~ In counties,
including the establishment HH ! EQUATION al
ROADS. ways, bridges, lGil' htniings. ferries
and mills. with authority I" !.y anu disbur>t
the county lcvies. Pr0rtdcf. That 10 license
- -"- - 10 o - a. - t,.V ft.HtAr. ia, IN ttt..r
plFa;cd city, town or village. shall be granted
without the consent Of the municipal suthori
ties thereof, first hal and obtained. They shall,
in all Ca>cs of contest, Judge Of the election,
qualification and returns of their own members
and OF all county and district officers. subject Ia
such regulations. 10y appeal or otherwise. ms
may he prescribed by law. such courts may cx
crci>c such other poHcrs and perform such -ther
duties. not Of II judicial nature, n may be prc'
scripcd hy law. And provision may be made,
under such regulations as may be prescribed by
law. for the probate Oi wills, and for the appoint
mcnt and qualification of personal representa-
tivcS. CuHrdialls, committees ana CuratorS dur'
ing the recess OF the regular sessions oil the Couil'
" court. Such tribunals ~ have been hereto.
fore established 10y the legislature under and by
virtue of the thirty.fUurth section Of the eighth
article Of the Constitution q! one thousand eight
hundred and sevcnty-twO, for police and fiscal
purposes, shall until otherwise provided by law,
remain and continue aS AT present constituted In
the counties in which they have been rc>pe1-
lively established, and shall be and act a. 10
police and fiscal matters In lieu OF the county
court created by this article until otherwise pro
vilCl by law And. until otherwise provided
by law, such clerk as j. mentioned in the TWEEN
ty.Sixth section Of This article. shall exercise any
power and discharge any duties heretofore con.
irrrri on, or required of any court or tribunal
established for Judicial purposes under the said
article and section of the constitution OF one
thousand cighthuudrcd and seycnty.two, or
the clerk o! said court or tribunal
respectively, respecting the recording AMI pres.
~crvatioH of leeds and other papers presented for
record. matters of probate. the appointment AMI
qualification Of personal representatives. guar
dIauS. committees, rurltOrS and the settlement
of their accounts, and In all matters relating la
apprentices
-. All actions, suits and proceedings not cm-
bractd in the next preceding ScCt!uu. pending
iua county court when this articl" takes effect,
together with the records AMI papers pertaining
thereto ~ well a. all records AMI papers pertain
ing To such actions, suits and proceedings. n
have already been disposed al by Slii courts
shall be- transmitted To and filed with the clerk
ui the Circuit court ot the county Ia which uihCc
AL prlrU.> outstanding Ht The time this Hyti'!,
rncs into operation shall b., returned AMI said
clerk shall have The same power aud shall ITr.
iurn The anne duties in relation Ia such records
(aIvrs ami Irucrcl.ngS ~ were vested III AMI ~.
guirrl al IA" clerk at The county
com. on the day before thi, NJ
tirlc shah take effect. All such actions,
suits nul rruc"rIingS 80 pending ~ aforesaid
shall Zee dnrkct''i, ur"c''l"l ~, tri"i. heard
aul determined IN all Respects 10y the ,ircnii
court. ~ ii said suits ana proceedings hal org.
mated in said court.
II. tn" yntrrs 81 each county shall elect n
clerk ui the county count, Whose term oi once
shall be- ~ ycurN. His dates ani Coml"IiSa'
ton, aud the manner 81 his removal, shall bc
rr,,rTln,l by law. But the clerks Of said courts,
now in Ollie, shall remain therein for the term
Tor whi,h they have been elected, unless sooner
removed thCfriiOm, in the manner prescribed
10y law.
not lr,, than three nor morc than ten In mum
h,r. AMI a. nearly CIua. IL may hc IN territory
and uupulation. There shall bc elected in each
district couriuiu" T. population not exceeding
twa'v. lunlrrl. ON Jg>iIC" II the l"aCr, and II
he plpula'i,u "NrCri> that number, two such
u.Iira ..li, rn elected lhc'vIu. E1rty ~IIsiir"
shil r-..ir in the district frr which he WAS cl-
rclrl. amt hulI hi. Office lot term NJ our years,
uul,-. SOONER removed ~ IA" manner prc,Cribcd
by law. 1uoi>tri,t. ~ They uuw exist, shall
rCm.ir tin ~,lragri hy IA" county court
o., TH,,i,.l jurisdiction ~ n justice 81 the
l,rr, all rNtouG L. action. ~ a..unp>lt. irrt,
dniiuu" rui truyvr. u -" amount ola IIC'i, ~
elusive 81 Interest. dos not exceed iur'" nun
lrei dp,l,r.. The Jurisdiction Of justices If the
prucr shah cNj"uI throughout their county
'hrv shalt y" cou. ~rrya;.rN ui TIE pr'tr, anu
have such Jurisdiction aui power ~ "ruinal
cast, a., may Pee prescribed 10y law. And Justice
~ the peace shall have authority To TAX" The
HinI4N .tIlfi4tlt 81 fltfil~ 4Nll bAl'I WINS
administer uath>. aud take AMI certify d"tn>i
lions. Aud the legislature may give to justices
such additional CINi! jurisdiction AMI power
within their respective counties ~ may b' dcrm
.I rxurlirnt. under such regulations AMI ~
.tr.r'.pI. - may ur p!C>r-Ibri 10y general law
-NrIfI la' m suits Ia recover money ur damages
their Jurisdiction and powers shall Ia ~ case
exceed three hundred dollars. Appeals shall hc
above! from judgments of justices OF ne p'ltu'
in su,H manner -. may be- prescribed by law.
-. Tho LEGISLATURE shall upon the Application
Of any county, uiurn. alter ~ notify III" com.
Is court established 10y this article in such
r1uu,y. and IN lieu thereof, with the assent Of
a minority @! the voters ~ sICh county, voting
A. an election, create another triDuuH! Tor the
transaction al The cuisines required Ia u" pr
formed by the county court created 10y tins arit
ole. AMI in such ease, all the provisions of this
article i'm relation IA the cnunty court shall be
arrlcab,c to the tribunal established ia lieu OF
said court. And when -.rh tribunal has been
established. II shall continue tu act IN lieu OF
the county court until u,hcr"Ie provided by
law. ,
10 The office of commissioner and Justice 81
r..yr, shall b. deemed Incompatible Vacancies
In I've Office ~ commissioner, clerk Ofthc cnul.
- court and justices 81 the peace HAL be hIlei
hy the oouu'v court Of III. county until theTtfi
general election.
JorsT REsoirr'oV r'"gsrirz m amendment
in tn" Constitution Uithi, -ta."
Ec..r., >, ~. LSgi'r'"r6 ~. H'f ITG.tti
rr,-rl 'r., o.. On M g'w..s oDr''' 'o6ri H'a"
ryrc,..r ..r .. Tat the ia..uHI 6 d. and The
same f. ''. irHlsI"I ~ "i amendment 4"
fh,. .....E.s OBJ ff... -'.''. ''-w'i.
IRA, section ,.,i; en-, Of Ctyl" three. - II
now - ~. ,'.,. e.. vt and n following ~ IL
,rrr! tn i..y '..r,f
"lg. IL suitssl mmon law who're tho value