Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-08-21

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20. No citizen OF thi. State who aided or partici-
psted in the late between he Government Of the
United state. and part Of the people thereof on
either side, shall be liable In any proceeding civil or
crmina shall his property be seized or sold un-
der final process issued upon judgments or DEGREES
herstoors rendered. OF otherwise because Of any act
done in accordance with the ussces ofeylized war
fare in the prosecution Of said war The legislature
shsil provide BY general laws for giving fall force
| q. Such parts Of the common Law. and Of the
laws Of TINS state as are in force when this article
goes into operation, and are not repugnant thereto
shall be and continue the law Of the state until alter
ed or repealed by the Legislature All civil aud Grim
circuit courts OF this State shall remain and be pr
ceeded before the circuit cogrte Of the counties In
| which they were pending.
| couETr COURTS.
%. There shall be In each count v Of the etata
| county Court, composed Of three commissioners
| and two Of said commissioners shall be a quorum
for the transaction Of business. 1t shall hold four
regular sessions ID each year. at such times may
be fixed upon and entered Of record by the said
said court Provisions may be made by law for hold
| ing special sessions Of said court
e. 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 commissioners they shall designate by Iot or
otherwise, IN such manner they NAV determine
one OF their number who shall hold his Office Tor the
term OF two years, one for four years and one for
six years, so that shall be elected every two
years. But no two 81 said commissioners shall be
elected from the same magisterial district. And if
two or more persons residing in the same district
shall receive the greater number Of cast at any
election tnen only the one OF such
the highest number shall be declared elected and
the person living in another district who shall re-
ceiye the next highest number Of votes shall be de-
clared elected. Said commissioners shall annually
elect one of their number as president and each
shall receive 81 per day for his services in court 10
De paid out Of the county treasury:
"a The county courts through their clerks, shall
have the custody Of all deeds and other papers pre-
sented for record in their counties, and the same
shall be preserved therein, otherwise disposed Of
as now is. or may be prescribed by law. They shall
have jurisdiction in all matters Of probate the ar-
pontment and qualification Of personal REPRESENTA-
tves, guardians, committees, curators and the set
Element Of their accounts and in all matters relating
to apprentices. They shall al,s under sue reruas
tons as may be prescribed by law have the superin-
tendence and administration of the internal police
and nscal affairs of their counties including the
Enlistment and regulation of roads, WAYS bridges
public landings ferries and mills with authority to
lay and disburse the county levies Provided That
license for the sale OF intoxicating LIQUORS in any
incorporated city, town or village shall be granted
without the consent of the municipal AUTH critics
thereof frs had and obtained. They shall, in all
cases OF contest judge of the elect on qualification
and returns ofther own members, and of all county
and district ofhcers, subject to such regulations by
appeal ar otherwise, as may be prescribed BY law
And provision may be made, under such regulations
as may be prescribed by law for the probate of wills
and for the appointment and qualification of person.
al representatives., guardians committees and cura-
tors during the recess of the regular sessions Of the
county court. Such tribunals as have been hereto
fore sstablshedtby the legislature under and BY vir
tue OF the hrty-fourth section OF the eighth article
OF the Constitution OF thousand eight hundred
and seyenty-two for police and fiscal purposes shall
until otherwise provided by law, remain and con-
which they have been respectively established and
shall be and act as to police and fiscal m alters in au
wise provided by law. And until otherwise provd-
ed by law such clerk is mentioned in the twenty
sixth section OF shs article shall exercise any powers
and discharge any duties heretofore conferred on OF
required OF any court tribunal established for Judi
cia 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-
spectivey respecting the recording and preservation
sfdeeds and other papers presented for record mat
md NJ
personal representatives guardians committees cur
stors and the settlement Of their accounts and in all
matters relating to apprentices.
Is. All actions. suits and proceedings not embraced
inthe next preceding section. pending in a county
the records and papers pertaining thereto well
all records and papers pertaining TO such actions,
sts ana proceedings ~ have already been disposed
OF by said courts shall be transmitted to and filed with
the clerk ofthe circuit of the county which
ONCE 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 were vested in and reonired OF the
clerk OF the county court on the day before this ar
tice shall take effect. All such actions suits and
proceedings 50 pending as aforesaid shall be docket
ed, proceeded in tried, heard and determined in all
respects by the circuit court asf said suits and pro-
cesdings had originated in ssidcourt.
70 The voters eff each county shall elect clerk of
tne county court, whose term of Office shall be six
| Years: ms duties and compensation and the man
nef o. his removal, shall be prescribed by law. But
the clerks of said courts in Office shall remain
therein for the term for which they have been elect
ed, unless sooner removed therefIoIn in the m4nper
r.. Each county shall be laid OF into districts not
less than three no more than ten in number, and
| nearly equal may be in territory and population
There shall be elected in each district, containing
population not exceeding twelve hundred justice
OF me peace and the exceeds that mum
justice shall reside in the district for which he was
electea and hold his office for the OF four years
Hnless sooner removed in the manner prescribed by
law The districts they now exit shall remain till
changed by the county court.
| pL
shall extend 70 actions OF sssumpst, debt detinus,
/ and trovsr II the amount claimed, exclusive OF in
tsrest does not exceed three hundred dollars. The
jurisdiction OF justices OF the peace shall extend
throughout their county; they shall be conservators
| OF the peace and have sucn Jurisdiction and power
in criminal cases as may be prescribed by law And
justices OF the peace shall have authority to take the
| acknowledgements of deeds and other writings, adj
minister oaths, and take and certify dispositions And
the legislature may give to justices such additional
civil jurisdiction and powers within their respective
regulations and restrictions may be prescribed by
general law except that in suits to recover money
damages their Jurisdiction and powers shall in no
case exceed thres hundred dollars. Appeals shall be
| allowed from judgments Of justices Of the peace in
| such manner ss may be prescribed by law.
| ~. The legislature shall upon application OF any
county, reform, alter modify the county court es-
tabshed by this article in such county, and in lieu
| such county voting at an election create another
tribunal for the transaction Of the business required
to be performed by the county court created by this
article and IN such all the provisions in this
article in relation to the county shah be sppli-
cable TO the tribunal established in lieu of said court
| And when such tribunal has been established, it
shall continue TO act in lisu OF the cosnty until
| otherwise provided by law.
| 80. The Office Of commissioner and Justice OF the
| peace shall he desmed incompatible. yacAnsies in
the once OF commissioner clerk OF the county court
and justices ofthe pesce shall he filled by the county
court Of the county until the next general election.
| JoIHr RESOLUTION proposing amendment 10 the
| Constitution Of This State.
| Resoiced BY the legislature Of Hest Viroind teo-
rds Of all tie e1zbers eested 10 eack Hoass agreeing
thereto That the following be and the same is here
by proposed amendment to the Constitution OF
this ktate, to-wit
That section thirteen OF article three as Il is
be stricken out and the following he inserted in lieu
thereof:
| "i3 In suits at common law. whore the value in
controversy exceeds twenty dollars exclusive of in
terert and coats the right of trial by jury required
by either party, shall he pres@rved and in such suit
before justice, jury may consist OF six persons
10 fact tried bN Jury shal be otherwise examined