Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-29

tauonS as may be prescribed by law: and al
courts of limited jurisdiction heretofore estab
lShed III any county, incorporated city, town OIL
village, shall remain AS al present constituted
until otherwise provided by law. The mum
cipal court OF wheeling shall continue in exist
ence 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 shallle directly 10 the supreme court ol
appeals.
30. No citiz this State who aided or par
ticipated in the late war between the govern
mont of the United States and n part OF the peo'
pie thereof on either side, shall be liable In any
proceeding, civil or criminal nor shall his prop,
city be seized or sold under final process issued
upon judgments or degrees heretofore rendered.
or otherwise, because of any act done In accord
alce 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 to this section
q. such parts Of the common law, and OF the
laws Oi this state as are in force when this arti'
cie gees INTO operation. and are not ~rrpugnali
thereto, snail be and continue the law OF the state
uhtiI altered or repealed by the legislature. All
civil! and criminal suits and proceedings pend
ing IN The former circuit courts OF this state,
shalI remain and be proceeded In before the
were pending.
COUNTY COURTS.
u lhere shall be in each county OF the state
a county court, composed of three commission
Sin' "id wv Ol Slu COMMISSIONERS sHdtI ue y
quorum Tor the transaction Ofbusiness. IL shall
hoIu iour regular sessions in each year, at such
tunes as may he fixed upon and entered oil rec
ora by the said court. Provisions may be made
by law Tor holding sBecial sessions of said
court.
% The commissioners shall be elected by the
voters oil the county, and hold their office for
tEe term OF six years, except that at the first
meeting OF said commissioner they shall desig.
nate, by lot or otherwise, in such manner ne
lhey may determine, one of their number, who
shall hold his Office for the term OF two years,
one Tor hour years, ana one for Six years, so that
one shall be elected every two years. But no
two OF said commissioner shall be elected from
the same magiSicral district. And II two or
more persons residing. in'the same district shall
receive me greater number OF votes cast NJ any
election, then only the one OF such persons re-
ccivi..s the highest number shall be declared
elected nd 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 as 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 I'm their counties,
and the same shall be preserved therein, or
otherwise disposed of, a. now is, or may be pre-
scribcd by law. They shall have jurisdiction in
all matters Of probate, the appointment and
qualification of personal representatives, guard.
ans, committees, %CuratOts, and the settlement of
their accounts, and in all matters relating "a ap-
prenticeS. They shall also, under such regula.
tons ~ may be prescribed by law, have the
Superintendence and administration of me IN.
terlal police and fiscal affairs Of their counties.
including the establishment and regulation OF
roads, ways, bridges, public landings, ferries
and mills. with authority 10 lay and disbuhe
the county levieS. PrOrii,d, That no license
for the sale Of intoxicating liquors in any incor-
pOratcd city, town or village, shall bc granted
without the consent Of the municipal authOri-
ties thereof, inst 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, as
may be prescribed by law. such courts may eX'
ercisc 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 rs may be prescribed by
law, for the probate OF wills, and for the appoint
ment and qualification OF personal representa-
tiycS. guardians, committees and curatOTS dur
ing the recess OF the regular sessions OF the cOuil-
~ court. Such tribunals ~ have been hereto
fore established by the legislature under and by
virtue of the thirty-fOurth section OF the eighth
article of the Constitution OF one thousand eight
hundred and scVcnty-twO, for police and fiscal
purposes, shall until otherwise provided by law,
remain and continue rs nj present cOnstituteiin
the counties in which they have been reSpeC-
tfycly 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
powers and discharge any duties heretofore con-
ferrcl on, or required OF any court or tribunal
established for judicial purposes under the said
article and section OF the constitution OF one
thousand c"ight.hundred and scvcnty.two, or
the clerk o! said cont or tribunal
respectively. respecting the recording and pres
c~rvatiOH Of deeds and other papers presented for
record, matters Of probate, the appointment ana
qualification al n.r~DlAl representatives guar
dams. committees, CuratOrS and the settlement
OF their accounts, and in all matters relating to
apprentices
braccd in the next preceding section, pending
in county court when this article takes effect,
together with the records and papers pertaining
thereto rs well rs all records and papers pertain.
ing To such actions, suits and proceedings. rs
have already been disposed OF by said courts
shall De transmitted 10 and filed with the clerk
Of the circuit court of the county To which once
all process outstanding at lhc time lhlS article
goas into opcrltion shall be returned; aud said
clerk shall have the same power and shall per-
form the SamcdutyS i'm relation 10 such records,
papers AMI proceedings as were vested i'll ana re-
quircd 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 he dOcketed, proceeded in, tried, heard
and determined in all respects by the circnit
court. as If said suits and proceedings had Origi-
mated in said court.
26. The voters of each county shall elect a
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 i'm office, shall Temain therein for the term
for which they have been elected, unless sooner
removed therefIOm, in the manner prescribed
u. Each county shall be laid or into districts,
not less than three nor more than ten in mum
her, and rs nearly equai aS may be in territory
and population. There shall be elected III each
district containing a population not exceeding
twelve hundred, one justice OF the peace, ana II
the population exceeds that number, two such
justices Shal. be elected therein: Every justice
Shall reside in the district for which he was ell
cCtcd, and hold his office fol term OF four years,
unless sooner removed in the manner prescribed
by law. ThcdiStricts n they now exist, shall
remain till changed by the county court.
y. Tho civil jurisdiction OF II justice Of the
peace SHALL extend 10 actions of aSSumpSit, debt,
detinue and trOvcr, II the amount claimed, eN'
elusive OF interest, does not exceed three hun
dred dollars. The jurisdiction OF justices OF the
peace shall extend throughout their county;
they shall be cOnScrvHturs OF the peace, ana
have such jurisdiction aud power IN criminal
cases aS may hc prescribed 10y law. And justices
of the peace shall have autaOrlty To take the
acknowledgment Df deeds and other writings,
administer oaths, and take aud certify depoSi-
tons. And the legislature may give To justices
such additional civil jurisdiction and powers
within their respective countless rs may be deem
eel pNhttlCllt, nllrT SuCl regulations anu It
StriCtiOuS ~ may be- prescribed by general law,
except that i'm 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 such manner ~ may bc prescribed by law.
~. The legislature shall upon the Application
Of any county, reform. alter or modify the com.
Is court established by this article in such
county, auiiH lieu thereof, with the assent of
A majority OF the voters Of such county. voting
at an election, create another tribunal for the
tmusactiOn Of the business required 10 be per.
formed By the county court created by this arti
Gle: AMI in such case, all tn provisions of this
article in relation 10 the county court shall be
applicable tO the tribunal established in lieu OF
said court. And when such tribunal has been
established, il shall continue tO act in lieu of
the county court until otherwise provided by
law.
30. The efice Of commissioner and justice Of
pcacc shall be deemed Incompatible. Vacancies
I'm the office Of commissioner, clerk at the conn.
ty court and justices Of the peace shall be filled
By the county court OF tbs county until the next
general election.
JoIST RESOLUTION proposing an amendment
To the Constitution Ofth!s state.
p,s1rlj D., The Lc1iSluiIVc Of Utst 'trJlHui.
trp-UiaLS Df az he members SsCiCt 10 oIci Lyus
qgrr,ing Hsr'.: That the following be- an! iac
same i hereby proposed a. an amendment 10
thu Constitution ulinis state, iO-wit:.
That section thirteen, uf article three, rs II
now is. be stricken ont and the following be III
serted i'm lieu thereof:
"I2. In suits at common law, where the value