Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-24

Increased or diminished during the term of OF.
nee OF me Judges to whom It may have been
made. No Judge during his term OF office shall
practice TIE profession otlaw or hold any other
once, appointment or public trust, under this
or any other government, and the acceptance
there0i snail yacate his judicial office. MOI
shall he during his continuance therein he eiigi.
BILE to any political office.
IL. judges may be removed from Office by a
concurrent vote of both houses Of the legisla-
tuIe, when from age, disease, mental or bodily
MUMMY OF ihtemperance, they are incapable OF
dlscharging the duties OF their Office. But two
thirds OF all the members elected TO each house
must concur In such vote, and the cause OF re.
mONal sialI De entered upon the journal OF Teach
mouse. me Judge against whom the legislature
may be about TO proceed shall receive notice
thereof, accompanied with the cause alleged for
MS removal, at least twenty days before the day
on when action Is proposed TO be taken therein.
10; Inc voters OF each county shall elect a
oLeInH VI a. Slrcult court, whose term OF office
shaii DC ak years; his duties and compensation
ana tne manner OF removing him from Office
Shall be prescribed by law: and when a vacancy
snail occur In the office. the circuit court or the
Juuge tneleoi IN vacation shall fill the anne by
appointment uhtil the next general election. In
any case IN respectt 10 which the clerk shall be so
sltutated as 10 make II improper for him 10 act,
the said court shall appoint a clerk to act there
ln.. Inc CLERKS OF said courts in office when this
article taxes efiect, shall remain therein for the
term for which they were elected unles, sooner
removed In the manner prescribed by law.
~, me Legislature may establish courts OF
limited jurisdiction within any county, incor.
porateu city, Town or village, with the right OF
appeal TO the circnit court, subject 10 such iimi.
tatlons as may be prescribed by law: and all
courts OF limited Jurisdiction heretofore estab-
lished III any county, incorporated city, town or
VILLAGE. snali remain as at present constituted
until otherwise provided by law. The mum.
cipal court OF Wheeling shall continue in exist
enee untll otherwise provided by law, and said
court ana me Judge thereof, shall exercise the
powers ana 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 between the govern
ment of the United States and a part of the peo-
pie thereof on either side, shall be liable in any
proceeding, civil or criminal nor shall his prop
city he seized or sold under final process issued
upon judgments or degrees heretofore rendered,
or otherwise, because of any act done in accord
ance with the uSages OF civilized warfare in The
prosecution of said war. The Legislature shall
provide by general laws, for giving full force and
effect 10 this section.
81. such parts of the common law. and OF the
laws OF this state as are In force when this rti-
Gle gees into operation, and are not repugnant
thereto, shall be and continue the law OF the State
until altered or repealed by the legislature. All
civil and criminal suits and proceedings pend
ing in the former circuit courts Cf this State,
shall remain and be proceeded In before the
circuit courts Of the counties in which they
were pending.
COUNTY COURTS.
q. There shall be in each county OF the stete
a county court, composed Of three commission
erS, and two OF said commissioners shall be a
quorum for the transaction OF buSincSs. IL shall
hold four regular sessions in each year, at such
times as may be fixed upon and entered Of rec.
ord by the said court. Provisions may be made
by law for holding special sessions of said
court.
%. The commissioners shall be elected by the
voters of the county, and hold their office for
the term OF six years, except that at the first
meeting Of said commissioner they shall desig.
nate, by lot or otherwise, in such manner, as
they may determine, one OF their number, who
hall hold his Office for the term OF two years,
one for four years, and one for six years, so that
one shall be elected every two years. But no
two OF said commissioners shall be elected from
the same magisteal district. And II two or
more persons residing. in'the same district shall
receive the greater number OF votes cast at any
election, then only the one of such persons re-
ceiving the highest number shall be declared
elected, and the person living in another district,
who shall receive the next highest number OF
votes, shall be declared elected. Said commits
siOners shall annually elect one OF their num-
Der a. president, and each shall receive 81 per
day for his services in court, 10 be paid out Of
the county treasury.
q. The 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
disposed OF, as 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, cumtOTs, and the settlement OF
their accounts, and in ell matters relating TO mp
prentiCes. They shall also, under such rcgula-
tons rs may be prescribed by law, nave the
superintendenCe and administration OF the IN
ternal police and fiscal affairs OF their counties.
including the establishment and regulation of
roads, ways, bridges, public landings, ferries
and mills, with authority TO lay and dlsDurse
the county levieS. PrOridcd, That no license
for the sale Of intoxicating liquors in any incor.
city, town or village, shall he granted
without the consent of the municipal authorl-
thereof, first had and obtained. They shall,
in all cases OF contest, judge Of the election,
qualification aud returns Of their own members,
of all county and district officers. subject to
such regulations, by appeal or Otherwise, as
may be prescribed by law. Such courts may ex'
erCise such other powers and perform such ether
duties, not Of "A judicial nature, as may be pre-.
by law. And provision may be made,
under such regulations rs may be prescribed by
law, Tor the probate of wills, and for the appoint
ment and 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-fOurth section OF the eighth
OF the Constitution OF one thousand eight
hundred and Seventy-two, for police and fiscal
shall until otherwise provided by law,
and continue rs al present constituted IN
the counties in which they have been rcSpec-
established, and shall be and act as 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
by law, such clerk as is mentioned in the TWEEN
ty-SiXth section OF this article, shall exercise any
and discharge any duties heretofore con,
lerred on. or required OF any court or tribunal
established for judicial purposes under the said
and section of the constitution OF one
thousand ~eight.hundred and sevcnty-two, or
the clerk OF said court or tribunal
rrspectiyely. respecting the recording and pres.
e~rvAtioH Of deeds and other papers presented for
record, matters Of probate, the appointment ana
qualification Of personal representatives, guar
dams. committees, CuratorS and the settlement
oftheir accounts, and In all matters relating 10
apprentices
.. All actions, suits and proceedings not en-
braced in the next preceding section, pending
in a county Court when this article takes eject,
with the records and papers pertaining
thereto as well rs all records and papers pertain
ing to such actions, suits and proceedings. as
have already been disposed OF by said courts
be transmitted 10 and filed with the clerk
all process outstanding at the time this article
goes into operation shall be rcturned; ana SAID
clerk shall have the same power and shall per-
form the SAINT duties in relation TO such records,
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,
shall be docketed, proceeded in, tried, heard
and determined in all respects BY the circuit
court, as If said suits and proceedings had origi-
mated in said court.
%. The voters of each county shall elect a
clerk OF the county court. whose term OF office
shall be six years. His duties and compensa-
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 therefIom, in the manner prescribed
by law.
u. Each county shall be laid off into districts,
not less than three nor more than ten in num-
Der, and as nearly equa, aS may be in territory
and population. There shall be elected in each
district containing a population not exceeding
twelve hundred, one justice OF the peace, and
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 fol term OF Tour years,
unless sooner removed in the manner prescribed
by law. The districts as they now exist, shall
remain till changed by the county court.
2S. The civil jurisdiction OF a justice OF me
peace shall extend To actions OF asSumpSit, debt
detinue and trover, il the amount claimed, eH-
elusive OF interest. does not exceed three nun
dred dollars The jurisdiction of justices OF the
peace shall extend throughout their county;
they shall he cOnScryatOrS Of the peace, Hll
have such jurisdiction and power In criminal
cases as may he prescribed by law. And justices
OF the peace shall have authority TO take TIE
acknowledgment Of deeds and other. writings
administer oaths. and take and certify cerosl-
tioNs. And the lie EiSlatule may give 70 justices