Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-30

term for which they were elected, unless sooner
removed In the manner prescribed BY law.
" Ihs Lssislstars may establish courts OF
perated CITY, W or village, with the right Of
appeal 10 the cironit court, subject to such limi.
talons ms may be prescribed by law; and all
courts OF limited jurisdiction heretofore estab-
liShsd IN any county, incorporated city, town or
village, shall remain rs at present constituted
until otherwise provided by law. The muui-
cipal court of Wheeling shall continue in exist
ense 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 Of
appeals.
20. No citiz this State who aided or par.
ticipated In the late war Dstw cen the govern
mont of the United States and r part of the peo-
pie thereof on either side, shall be liable in any
proceeding, civil or criminal nor shall his prop.
{ " be ,s!Ecd or sold under lnal process Issued
upon Judgments or degrees heretofore rendered,
OF Olherwlsc, because of any act done in accord
ance with the uSaGcS Of civilized warfare in the
prosecution of said war. The Legislature shall
provide by general laws, for giving full force and
effect to this section.
u. such parts of the commo law. and OF the
laws OF this state rs are IN force when this arti-
Gle gees lntO operation, and are not repugndnt
theretO,shallb be and continue the law Of the state
uhtiI altered or repealed by the legislature. All
clVli ana criminal suits and proceedings pend
ing IN the former circuit courts Of this State,
snail remain and be proceeded In before the
circuit courts of the counties In which they
were pending.
% There shall COUNTY Sc c0uETs; ~, Tho s,.,.
r county court, OmpoSed of three commission
er', ana Two of said commissioners shall he a
quorum Tor the transaction OF business. II shall
hOlu iour regular sessions in each year, at such
tunes as may he fixed upon and entered OF rec
oru by me said court. Provisions may be made
court.
~ The I'M iss;,,o-s .hau 10 oIo,,o1 hy ,bo
voters oil the county, and hold their Office for
TIE term OF six years, except that at the fiIst
meeting OF said commissioners they shall desig.
nate, by lot or otherwise, I'm such manner, az
they may determine one OF their number, who
shali hpld his Office for the term OF two years,
one for four years, and one for six years, so that
one Slisll be elected every two years. But no
two OF said commissioners shall be elected from
the same maglSicnl district. And If two or
more persons residing in'the same district shall
receive thc greater number OF votes cast at any
election, then only the one OF such persons re-.
ceiIiag the highest number shall be declared
elected, aud the person living In another district,
who snail receive the next highest number Of
votes, ST. III be declared elected. Said commits
SiOners shall annually elect one of their num-
Der a. president, and each shall receive 81 per
day Tor MS services in court, to 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,
ana the same snail be preserved therein, or
otherwise disposed of, rs 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 III all matters relating Ia APP
prenticcS. They shall also, under such rrgula.
lions as may he prescribed by law, have the
superintendent and administration Of the III.
ternal police and fiscal affairs Of their counties.
including the establishment and regulation of
roads, ways, bridges, public landings. ferries
and mills, with authority 70 lay and disbursc
the county levies. PrOrided, That no license
for the sale OF intoxicating liquors in any incor-
pointed 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 and returns OF their own members,
and OF all county and district officers, subject To
such regulations, by appeal or otherwise, rs
may be prescribed by law. Such courts may cX.
ercise such other powers and perform such ether
duties, not Of Il judicial nature, as may be pre-
scribcd by law. And provision may be made,
under such regulations as may be prescribed by
law, for the probate of wills, and for n cappoint'
ment aud qualification Of personal representa-.
tiYcS. 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-iourth section of the eighth
article OF the Constitution o! one thousand eight
hundred and Sevcnty-twO, for police and fiscal
purposes, shall, until otherwise provided by law,
remain and cOntinnc rs nj present constituted in
the counties I'm which they have been rcSpCc-
tfvcly established, and shall be and act a. 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
ny law, such clerk as is mentioned in the TWEEN
y.SiNth section Oi thlS article, shall exercise any
powers 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 cight.hundrcd and sevcnty-two, or
the clerk OF said court or tribunal
respectively. respecting the recording and pres.
crvaliOH Of deeds and other papers presented for
record, matters OF probate, the appointment and
qualification Of personal representatives guar
dians, committees, curlt0rS and the settlement
other accounts, and In all matters relating 10
apprentices
Is. All actions, suits and proceedings not EN-.
braccd in the next preceding section, pending
in n Ounty Court when this article takes effect,
together with the records ana papers pertaining
thereto ms well a. all records and papers pertain
ing TO such actions, suits and proceedings. as
have already been disposed of by said courts
shall be transmitted To and filed with the clerk
Of the circuit court OF the county 10 which Office
all process outstanding NJ the time this article
goes into operation shall be returned: and said
clerk shall have the same power and shall per-
form the samcdutics in relation to such records,
uRpcrS and proceedings as 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,
NltllA ~ h'Nh'N'ht Il'''N'aNh lif hANiT va
and determined IN MI respects by the circpit
court, as ii said suits and proceedings had orisi-
mated i'm said court.
26. The voters Of each county shall elect n
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 thereilom, in the manner prescribed
by law.
n, Each county shall be laid Off into districts,
not less than three nor more than ten in num-
Der, and as nearly equa, rs may be in territory
aud population. There shall be elected IN each
district containing a population not exceeding
twelve hundred, one justice oil the peace, ana 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 fOi term OF four years,
unless sooner removed in IN" manner prescribed
by law. ThediStrictS aS they now exist, shall
remain till changed by the county court.
2S. The civil jurisdiction of n justice OF The
peace shall extend to actions OF IN dcbt,
dctiuue and trOvc-, II the amount claimed, eN'
elusive Oi interest, does not exceed three nun
dred dollars. The Jurisdiction OF justices OF the
peace shall extend throughout their county;
they shall be COuSCryaturS Of the peace, ana
have such jurisdiction aud power In criminal
cases as may be prescribed 10y law. Aud justices
of the peace shall have authority 10 take the
acknowledgment "f deeds and other. writings,
administer Oaths, aud take and certify dcroSi-
lions. Aud the legislature may give TO justices
such additional evil jurisdiction and powers
within their respective counties as may be deem
ed cxpcdicnt, under such regulations and re
s]trictionS as may be prescribed by general law,
except that in suits 10 recover money or damages
their jurisdiction aud powers shall In no case
exceed three hundred dollars. Appeals shall be
allowed from judgments Of justices OF the peace
I'm such manner a. may be prescribed by law.
~. The legislature shall upon the application
If county. reform, alter or modify the Conn
IS court established by this article in such
county, anii in lieu thereof, with the assent of
Il majority Of the voters OF such county, voting
At an election, create another tribunal Tor tho
transaction OF the business required IN be per
formed By the COunty court created by this arli'
Gle: AMI in such case. all the provisions oi this
article I'm relation To the county court shall be
applicable to the tribunal established in lieu OF
sail court. And when such tribunal has been
established il shall continue - act in Iicu. ,oi
the county court until otherwise provided by
law.
80. The anicc Of commissioner and justice NJ
peace shall be deemed Incompatible aC'tncIcs
In the office Of commissioner, clerk Of inc couh,
~ court and Justices Uf the peace shall be tIlci
by the county court OF tn. county until the next
general election.
JoIST RESOLUTION proposing an amendment
~ Ea-a.