Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1880-09-11
VIRGINIA EREE PRESS SUPPLEMENT.

law. And, until otherwise provided by law,
such clerk as is mentioned in the twenty
sixth section of this article, shall exercise
any powers and discharge any duties here
tdore conferred on, or reqsired OF any
court or tribunal established for judicial
purposes under the said article and section
of the constitution OF one thousand eight
hundred and seyenty-two, or the clerk OF said
court or tribunal respectively, respecting
the recording and preservation OF deeds and
other papers presented for record, matters
Of probate, the appointment and quaiiinca-
ton Of personal representatives, guardians,
committees, curators and the settlement oil
their accounts, and in all matters relating
to apprentices.
25. All actions, suits and proceedings not
embraced in the next preceding section,
pending in county court when this article
takes effect, together with the records ard
papers pertaining thereto as well as all
records and papers pertaining TO such ac-
tions, 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 at the time
this article goes into operation shall be
returned and said clerk shall have the
same power and shall perform the same
duties in relation TO such records, papers
and proceedings as were vested in and re-
quired of the clerk of the county court, on
the day before this article 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, as il
said suits and proceedings had originated
in said court.
90. Tie voters of each county shall elect
clerk of the county court, whose term OF
Office shall be six years. His duties and
compensation, and the manner OF his re-
moval, shall be prescribed by law. But
the clerks of said courts, now in Office, shall
remain therein for the term for WI ich they
NAV have been elected, unless sooner re-
moved therefrom, in the manner prescribed
by law.
81 Each county shall be laid off into
districts, not less than three nor more than
ten in numbe-, and as nearly equal as may
be in territory and population. There shall
be elected in each district containing &
population not exceeding twelve hundredP
one Justice of the peace, and il tie popula-
shall be elected therein. Every justice
shall reside in the district for which he was
elected and hold his Office for term OF four
years, ur less 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 justice OF
the peace shall extend to actions OF assump-
sit, debt, detinue and trover, if the amount
claimed, exclusive of interest, does not ex-
coed three hundred dollars. The jurisdic-
ton of justices of the peace shall extend
throughout their county; they shall be
conservators of the peace, and have such
jurisdiction and power in criminal cases as
may be prescribed by law. And justices OF
the peace shall have authority to take the
acknowledgment OF deeds and other writ
ings administer oaths, and take and certify
depositions. And the legislature may give
to justices such additional civil jurisdiction
and powers within their respective counties
as NAV be deemed expedient, under such
regulations and restrictions as may be
prescribed by general law, except that in
suits to recover money or damages their
Jurisdiction and powers shall IN no case
exceed three hundred dollars. Appeals
shall be allowed from judgments OF justices
of the peace in sucn manner as may be
prescribed by law.
30. The legislature shall upon the appli-
cation of any county, reform, alter or
modify the county court established by this
article in such county, and in lieu thereof,
with the assent of a majority OF the voters
OF such county, voting at an election, create
another tribunal for the transaction OF the
business required to he performed by the
county court created by this article; and in
such case, all the provisions OF this article
in relation TO the county court shall be APP
plicable to the tribunal established in lieu
of said court. And when such tribunal has
been established, it shall continue to act In
lien of the county court until otherwise
provided by law.
30. The Office of commissioner and JUS
tice of peace shall be deemed incom-
patible. Vacancies in the office OF com.
missioner, clerk OF the county court and
justices CT the peace shall be filled by the
tounty court OF the county until the next
laneral election.
JOINT RESOLUTION prof n amend
ment to the constitution OF this State.
Resolved, by the Legislature OF West
Virginia, two-thirds of all the members
elected to each house agreeing thereto, That
the following be and the same is hereby
proposed as an amendment to the constltu-
ton of this State, to wit:
That section thirteen, of article three, as
il now is be stricken out and the following
he inserted in lieu thereof.
''l3 In suits at common law, where the
value in controversy exceeds twenty dol
lars, exclusive Of interest and costs, the
right of trial by jury, if required by either
party, shall be preserved; and in such suit
before Justice, a jury may consist OF Elk
persons. No fact tried by jury shall be
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