Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-08-14

%. No citizen OF this state who aided or rartici-
p2ted in the lste between the Goyerm. ut Of the
United States and part Of the people thereof on
either side, shAll he liable In any preceding civil or
cimins nor shah hi property be seized sold un-
der hnal process issued upon judgments DEGREES
herstofors rendered otherwise because Of auy act
done in accordance with the u,sges ofci,ized war
fare IN the prosecution Of said The legislature
shah provide by general laws for giving fall force
aud effect 10 this section.
q. Such pafts OF the common law, and Of the
laws OF this state az are in force when this article
goes into operation. and not repugnant thereto
shall be and continue the law Of the State until alter
ed or repealed by the legislature. All civil and crn-
insl huts and proceedings pending in the former
circuit courts OF this State shall rsn.n and he pro
ceeded IN before the circuit courts Of the counties
which they sfep9nding.
COURTS.
q. There shall be in each coun ty Of the State a
County Court, composed Of three commissioners
aud two Of said Commissioners thall be quorum
for the transaction OF business 1t shall hold four
regular sessions ia each year. at such times may
be hxed upon and entered Of record by the said
said court Provisions may be made by law for hold
ing special sessions OF said court.
q. 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 lot or
otherwise, in such manner they NAV determine
one OF their number who shall held his Office tor 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 msgisteral district And if
two or more persons residing in the same district
shall receive the greater number Of votes cast at
election, then only the one Of such persons receiving
the highest number shall be declared elected aud
the person living in another district who shall
ceive the next highest number Of votes, shall be de-
clared elected Said commissioners shall annually
elect one Of their number president. and each
SHAH receive 81 per day for his services in court
be paid out of the county treasury.
"A. The county courts through their clerks shall
have the custody Of all deeds and other papers pre-
scented for record in their counties, and The same
shall be preserved therein, otherwise disposed Of
low Is. or may be prescribed by law. They shall
have jurisdiction in all matters Of probate the APP
pointment and qualification Of personal represents
tiyes guardians, committees curators, and the set
Element of their accounts and in all matters relating
to apprentices They shsll. alse under such reguls
tions may be prescribed by law, have the supern
tendence and administration of the internal police
and fiscal affairs Of their counties, including the es-
Enlistment and regulation of roads, ways, bridges
public landings, ferries and mills, with authority to
lay and disbufse the county levies Proridfd That
license for the sale OF nto1icatin LIQUORS in anv
incorporated city town 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 OF their own members and OF all county
and district ofcers subject 10 such regulations by
appeal ar othsrwise, as may be prescribed by law.
And provision may be made, under such regulations
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 estabshediby the legislature under and BY viz
tue OF the thirtyfourth section OF the eighth article
OF the Constitution OF one thousand eight hundred
and seyentytwo, for police and fiscal purposes, shall
tinue SIS at present constituted in the counties in
which they have been respectively established and
shsi be and act as TO police and fiscal matters in lieu
OF the county court created by this article until other
wise provided by law. And, until otherwise provd-
ed by law, such clerk as is mentioned in the twenty
sixth section OF this article shall exercise any power
and discharge any duties heretofore conferred on OF
required OF any court ortribuns established for judi
ca purposes under the said article and section Of the
Constitution OF one thousand eight hundred and
enty-two, or the clerk OF said court or tribunal re-
spectvey respecting the recording and preservation
1 . 10 mr. It'd
tiers of probate the appointment and qualification OF
personal representative, guardians, committees cur
stos and the settlement Of their accounts and in all
| matters relating to apprentices.
Is All actions, suits and proceedings not embraced
in the next preceding section, pending in a county
court when this article takes effect, together with
the records and papers pertaining thereto well
all records and papers Pertaining to such actions,
suits and proceedings A. have already been disposed
of by said courts shall be transmitted to and filed with
the clerk ofthe circuit court of the county to which
once all process outstanding at the time this article
goes into operation shall be returned and said eler
| shall have the same power and shall perform the
same duties in relation to such records papers and
proceedings as were vested in and required Of the
clerk OF the county court on the day before this
| tcle shall take effect. All such actions, suits and
ed proceeded in. tried, heard and determined in all
respects by the circuit court, asf said suits snd pro-
cesdin Is had originated in ssidc court
xo. The voters eff each county shall sect clerk OF
the county court Whose term OF oice shall be 81 Z
| years His duties and compensation. and the man
ner Of his removal shall be prescribed by law. But
the clerks OF said courts now in once s6all remain
therein for the term for which they have been elect
ed, unless sooner removed therefrOm in the manner
prescribed by law.
81 Each county shall be laid of into Districts not
less than three no more than ten in number, and as
nearly equal "a may DO in territory and population.
There shall be elected in each district, containing
population not exceeding twelve hundred justice
Of the peace ana Il the Population exceed. that num-
justice shall reside in the district for which he was
elected and hold hi. Office for the term OF four years.
unless sooner removed in the manner prescribed by
law. The districts ss they exit shall remain till
| changed by the county court.
2s. The civil jurisdiction of justice of the peace
shall extend TO sctens OF asssTnpsit, debt, detnus
and tTovsr, II the amount claimed, exclusive Of in :
tere't, does not exceed three hundred dollars. The
jurisdiction OF justices Of the peace shall extend
throughout their COUNTY, They shall be conservators
Of peace and have sueh Jurisdiction and power
IN criminal cases as may be prescribed by law. And
justices of the peace shsl authority to take the
scknowled cement OF deeds and other writings adj
minister oshs, and take and certify dispositions And
ths legislature may give to justices such additional
civil Jurisdiction and powers within their respective
| counties as may he deemed eIpedient, under such
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 three hundred dollars Appeals shall be
allowed from judgments OF justices OF the peace in
| such manner ~ may be prescribed by law.
~ The legislature shall upon application OF any
county, reform. alter modify the county court
tabshed by this article in such county and in lieu
thereof with the assent Of SHORTY OF the voters Of
tribunal for the transaction Of the business required
10 he performed by the county court created by this
article and in such case. all the provisions in this
article in relation TO the county court ahal be app-
cable to the tribunal established in lieu OF said court
And when such tribunal hss been established, it
shall continue TO act in lieu of the coanty court until
| otherwise provided by law.
| ". The office OF commissioner and justice Of the
| pesce shall lie deemed Incompatible. Vacancies in
the ofee OF commissioner. clerk OF the county court
and justices OF the peace shall be SLED by the county
court OF the cokny until the nett general election
| JoIST RESOLUTION proposing All amendment to the
| Constitution Of this State.
Hesotres ~ The Legislature 81 Ee,t Tirgirid tvo-
bds Of all tke mtnbers elected 10 each Houte agreeing
thereto That the following he and the same IL here
by proposed as amendment to the Constitution OF
| this ktste, to-wit:
That section thirteen, Of article three as Il now is
be ftic ken out and the following be inserted in lieu
thereof
"l5. In suits vt common law. where the value in
controversy exceeds twenty dollars exclusive of in
tere-t and costs the right Of trial by jury required
by either party. shall lie Preserved and in such suit
before jnstics, jury may consist OF six persons
No tried hx iurx skan hs niharxxise