Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1880-07-03
cause the judge shall fail to attend, or, if
in attendance, cannot properly preside.
GENERAL PROVISIONS.


]6. All judges shall be commissioned
by the Governor. The salary of judge
of the supreme court of appeals shall be
two thousand two hundred dollars per
annum, ard that of judge of the circuit
court shall be one thousand eight hundred
dollars per annum; and each shall receive
the same mileage rs members of the Leg
islature. Provided, That Ohio county
may pay an additional sum per anhtih 10
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
nublic trust, under this or any other gov
ernment, and the acceptance thereof shall
yacate his judicial office. Nor shall he
during his continuance therein be eligi-
bic to any political office.
Il. Judges may be removed from office
by Il concurrent vote of both houses Ofthc
legislature, when from age, disease, men
tai orbodily iniirmity or intemperancc,
they are incapable of discharging the du-
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-
moval 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, ut
least twenty days before the day on which
action is proposed to be taken therein.
Is. The voters of 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 remov-
ing him from office shall be prescribed by
law; and when vacancy shall occur i'll
the office, the circuit court or the judge
thereof in vacation shall fill the same by
appointment until the next general cleo
ton. in any case in respect TO which the
clerk shall be So situated rs to make it I'M
proper for him to act, the said court shall
appoint a clerk toact therein. The clerks
of said courts in office when this article
takes effect, shall remain therein for the
term for which they were elected, unless
sooner removed 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 us may be pre-
scribcd by law; and all courts OF limited
jurisdiction heretofore established III any
county, incorporated city town or village,
shall remain as al present constituted u!-
til otherwise provided by law. The mu-
nicipal court of Wheeling shall continue
in existence until otherwise provided by
law, and the said court and the judge
thereof shall exercise tic powers and
jurisdiction heretofore conferred upon
them and appeals in civil cases from said
court shall lie directly to the supreme
court OF appeals.
No ,.iri nf lIiS - to "a A q
participated III the late war between the
government Of the United States and i
part of the people thereon Oh either side,
shall be liable i'll any proceeding, civil or
criminal nor shall his property be seized
or sold under final process issued upon
judgments or DEGREES heretofore rendered
or otherwise, because of any act done IN
accordance with the usages of civilized
warfare in the prosecution of said war.
The legislature shall provide by general
laws, tor giving full force and effect to
this section.
II. such parts of the common law, and
of the laws of this state rs are i'll force
when this article goes into operation and
are not rcpugnant 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 COURTS.
%. There shall he in each county Ofthc
state Il county court, composed OF three
commissioners, and two of said commits
Sioucrs shall be Il quorum for the tranSac-
ZION of business. 1t shall hold four regu-
lar sessions in each year, ut such times us
may be fixed upon and entered OF record
. by the said court. Provisions may be
made by law for holding special sessions
f OF said court.
%. The commissioners shall be elected
by the voters ofthc county, and hold their
Office for the term of six years, except mat
at the first meeting of said commissioners
they shall designate, by lot or otherwise,
in such manner as they 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, so that one shall DC
elected every two years. But no two OF
said commissioners shall be elected from
the same magiStcral district. And II TWO
or more persons residing in the same dis
trict shall receive the greater number OF
votes cast at any election, then only the
one of such persons receiving the
highest number shall be declared elected
and the person living i'll another district
vino shall receive the next highest NUM-
Der of votes, shall be declared elected.
Said commissioners shall annually elect
one of their number AZ president, and
each shall receive - per day for his ser
vices in court, to be paid out of the coun-
" treasury.
u. The county courts, through their
clerks, shall have the custody of all deeds
and other papers presented for record III
! their counties and the same shall be pre-
served therein, or otherwise disposed OF.
as now is or may be prescribed by law.
They shall have jurisdiction in all mat
tiers of probate, the appointment anu
qualification OF personal representatives,
guardians, committees, curatOrS and the
settlement of their accounts, and in all
matters relating to apprentices. They
shall ALSO under such regulations as may
be prescribed by law, have the Superin-
tendemce and administration Of the in
tcrnal police and fiscal affairs OF their
counties, including the establishment and
regulation of roadS, ways, bridges, pup
lie landings, ferries and mills, with att
thority To lay and disOurSc the county
lcvies. Provided, That no license for the
sale of Intoxicating liquors in amy incor-
porated city, town or village shall be
granted without the consent Of the mu-
micipai authorities thereof first had and
obtained. They shall, in all cases of con-
test, judge of the election, qualification
and returns of their own members, and OF
all county ard district officers, subject to
such regulations, by appca! or otherwise,
as may he prescribed by law. Such courts
may exercise such other powers ana per
form such other duties, not of 4 judicial
nature, as may be prescribed by law.