The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1880-07-07

D. o.
tion 81 the Judges o. said circuits, and after
the year one thousand eight hundred and
eighty.eigllt, may at any such session, M
crease or diminish the number thereof
10. The legislature shall provide by Law.
FOR holding regular and special terms oil
the circuit courts. where from any cause
the iudee shall fail 70 attend, or, il in at
tendance, cannot properly preside.
GENERAL PROVISION
l6. All Judges shall be commissioned by
the Governor. The salary OF judge OF
al the supreme court OF appeals shall be
two thousand two hundred dollars per an
nun. and that OF a Judge of the circuit
court shall be one thousand eight hundred
dollars I,er annum; and each shall receive
the same mileage as members oil the Legis-
llat,,re, Prorided, That Ohio county may
nav an additional sum per annum to the
Judges OF the circuit court thereof but
such allowance shall not be increased or
diminished during the term OF office Of the
judges TO whom it may have been made
No Judge during his term OF office shall
practice the profession OF law or hold any
other Office, appointment or public tiust,
under this or any other government, and
the acceptance thereof shall yacate his lu-
dicial office. Nor shall he during his con-
tinuance therein be eligible TO any political
Office.
II. Judges may be removed from Office
bya concurrent vote OF both houses OF the
legislature, when from age, disease, men,
tai or bodily infrmity or intemperance,
they are incapable OF discharging the dn-
ties OF their office. But two-thirds OF all
the members elected TO each house must
concur in such vote, and the cause OF re-
Imoyal shall be entered upon the Journal OF
each house. The Judge against whom the
legislature may be about to proceed shall
receive notice thereof, accompanied with
the cause alleged for his removal, at least
twenty days before the day on which action
is proposed to be taken therein.
Is. The voters oil each county shall elect
clerk OF the circuit court, whose term OF
office shall be six years; his duties and
compensation and the manner OF removing
him from Office shall be prescribed by law;
and when a vacancy shall occur in the OF
flee, the circuit court or the judge thereof
in vacation shall fill the same by appoint
ment until the next general election. In
any case in respect to which the clerk shall
be 80 situated as to make it improper for
him to act, the said court shall appoint
clerk to act. therein. The clerks OF said
courts in Office when this article takes eff
feet, shall remain therein for the term for
which they were elected, unless sooner re-
moved in the manner prescribed by law.
10. The Legislature may establish courts
| OF limited jurisdiction within any county,
Incorporated city, town or village, with the
right OF appeal to the circuit court, subject
to such limitations as may be prescribed
by law; and all courts Of limited jurisdic-
ton heretofore established in any county,
incorporated city, town or village, shall re-
main rs ut present constituted until other.
wise provided by law. The municipal
court OF Wheeling shall continue in exist
ence until otherwise provided by law, and
said court and the judge thereof, shall ex-
ercise powers and jurisdiction heretofore
conferred upon them; and appeals in civil
cases from said court shall lie directly to
to the supreme court OF appeals.
20, No citizen OF this State who aided or
participated in the late war between the
government OF the United States and part
OF the people thereof on either side, shall
be liable in any proceeding, civil or crimi-
nal; nor shall hisproperty be seized or sold
under final process issued upon judgments
or DEGREES heretofore rendered, or other
wise, because of any act done in accord,
ance with the usages OF civil warfare in
the prosecution OF said war. The Eegisla-
ture shall provide by general laws, for Civ
| ing full force and effect to this section.
q, Such parts OF the common law, and
OF the laws of this State rs are in force
when this article goes 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 OF this
State, shall remain and be proceeded in
before the circuit courts OF the counties in
which they were pending.
COUNTY COUNTS.
o. There shall be in each county Of the
State county court, composed Of three
commissioners, and two Of said commits
sioners shall be quorum for the transac-
ton OF business. II shall hold four regli-
lar sessions in each year, at such times as
may be fixed upon and entered OF record
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 commissioners
| they shall designate, by lot or otherwise,
in such manner, rs they may determine,
one OF their number, who shall hold his
Office for the term OF two years, one for
four years, and one for six years, 30 that
one shall be elected every two years. But
no two OF said commissioners shall be
elected from the same magisteral district.
And il two or more persons residing in the
same district shall receive the greater num-
her OF votes cast ut any election, then only
the one of such persons receiving the l,;sh-
est number shall be declared elected, and
the person living in another district, who
shall receive the next highest number OF
votes, shall be delared elected. Said COM
missioners shall annually elect one OF their
number as president, and each shall re-
ceiye 81 per day for his services in court,
to be paid out OF the county treasury.
~. 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 pre-
served therein, or otherwise disposed OF,
rs now is, or may be prescribed by law
They shall have jurisdiction in all matters
Is. L.. 4 IL - u