Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-28

NhAl OblltINls t pTONlleu DV Jaw. Inc mum
clpal 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 sha!lle directly 10 the supreme court O
appeals.
-. No citiz this State who aided or par
ticipated In the late war petw cen the govern,
ment oil the United States and q part OF the peo
pie thereof on either side, shall be liable in any
proceeding, civil or criminal nor shall his prop
eity be seized or sold under final process issued
upon judgments or degrees heretofore rendered,
or otherwise, because of any act done in accord
ance 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 10 this section.
q. Such parts of the common law, and of the
laws OF this state rs are In force when this arli'
Gle & eS into operation, and are not repugnan,
thereto, shall be nnl continue the law OF The State
until altered or repealed by the legislature. All
civil and criminal suits aud proceedings pend.
ing in the former circuit courts Of this State.
shall remain and be proceeded In before the
circuit courts OF the counties i'll which they
were pending.
COUNT COURTS.
p. There shall be in each county of the Stete
a county court, composed Of three commission
ers, and two of said commissioner shall b. u
quorum for the transaction of business. 1t shall
times rs may be fixed upon and entered OF rec
ord by the said court. Provisions may be made
by law Tor holding special sessions OF said
court.
q. The commissioners shall be elected by the
voters of the county, and hold their Office for
tte term OF SIX years. except that az the first
meeting OF said commissioner they shall desig.
nate. by lot or otherwise, in such manner, IA
they may determine, one Of their number, who
shall hold his Office for the term OF two years,
one for four years, aud 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 magisteml district. And If two or
more persons residing in'the same district shall
receive the greater number of votes cast at any
election, then only the one of such persons re-
ceiving the highest number shall be declared
elected and the person living In another district,
who shall receive the next highest number OF
votes, shall be declared elected. Said commits.
siOncrS shall annually elect one Of their mum
Der as president, and each shall receive s. per
day for his services in court, 10 be paid out Of
the county treasury.
y. 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 preserved therein, or
otherwise disposed OF, aS now is, or may be pre-
Scribef by law. They shall have jurisdiction ia
all matters Of probate, the appointment and
qualification Of personal representatives, guard.
ans, committees, %curatOrs, and the settlement OF
their accounts, and in Gll matters relating to app
prenticcs. They shall also, under such rcguls-
tons aS may be prescribed by law, have the
SupCrintendencG and administration of the III.
ttT4ldl lOllce ana USlhI aUAlrS OF llclt counties.
including the establishment and regulation OF
roads, ways, bridges, public landings, ferries
and mills. with authority 10 lay and disbursc
the county levies. Prorided, That 10 license
for the sale of intoxicating liquors in any incor.
porHtCd Citg, town or village. shall be granted
without the consent OF the municipal authOri-
ties thereof, first 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, rs
may be prescribed by law. such courts may eX.
crciSe such other powers and perform SuCh either
duties, not OF n judicial nature, as may be pre-
Srribed by law. And provision may be made,
under such regulations rs may he prescribed by
law, for the probate OF wills, and for the appoint.
ment and qualification OF personal representa-
tivcS. guardians, committees and CuratOTs dur
ing the recess Of the regular sessions OF the coun-
~ court. such tribunals aS have been hereto
fore established 10y the legislature under and by
virtue OF the thirty fourth section of the eighth
article of the Constitution OF one thousand eight
hundred and Sevcnty-two, for police and fiscal
purposes, shall until otherwise provided by law,
remain and continue as at present constituted in
the counties in which they have been rcspec-
tfvely 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.
fcrrci on, or required OF any court or tribunal
established for judicial purposes under the said
article and section OF the constitution of one
thousand eight.hurdred and scvcnty.two, or
the clerk OF said court or tribunal
respectively, respecting the recording and pres.
~crvAtiOH Of leeds and other papers presented for
record, matters OF probate, the appointment and
qualification Of personal representatives. guar
dams. committees, cuIatOrS and the settlement
OfthCir accounts, and in all matters relating To
apprentices
braccd in the next preceding section. pcld;n-
in q county Court when this article takes effect,
together with the records and papers pertaining
thereto rs vel AS all records and papers pertain
Ing Ia such actions, salts aud proceedings. as
have already been disposed 81 by said courts
shall he transmitted 10 Hud filed with the clerk
OF the circuit court Of the county to which office
all process outstanding at the time this article
goes into operation shall be returned: aud said
clerk shall have the same power and shall per-
form the same duties in relation To such records,
papers and proceedings as were vested IN ana re-
quired Of the clerk Of the county
ticlc shall take effect. All such actions,
suits and proceedings so pending a. aforesaid.
shall be dOcGetcd, proceeded in, tried, heard
and determined in all respects by the circuit
court. rs If said suits and proceedings had 0rigi-
mated in Slid court.
a6. The voters of each county shall elect a
clerk of the county court, whose term oil once
shall be six years. His duties and coinpcnSa'
ton, and the manner Of his removal, shall he
prescribed by law. But the clerks OF said courts,
now in Office, shall remain therein for the term
for which they have been elected, unless sooner
removed thcrcfIOm, in the manner prescribed
-. Each county shall be laid OF into districts,
not less than three nor more than ten In mum
Der, aud aS nearly equai aS may be IN territory
and population. There shall be elected IN each
district containing Il population not exceeding
twelve hundred. one justice of tho peace, ana u
The population exceeds that number, TWO such
justices shat, be elected therein. Every justice
Shall reside in the district for which he was ell
eCtrd. and hold his Office foi term Of iour years,
unlcs sooner removed IN the manner prcNcrlbcn
by law. 1hcdlstriCtS a. they now exist, snail
remain till changed by the county court.
y. The civil jurisdiction OF n justice OF the
peace shall extend To actions OF a>sump>it. debt,
dctinuc and trovcr, il the amount claimed, tN-
cluSiy, az interest, does not exceed three hun
drcd dollars. The Jurisdiction of justices OF the
peace shall extend throughout thclr "pun'y;
they shall he cDnscryators OF the pes &c, ana
have such jurisdiction aud power IN crimlnal
cases as may hc pics"rih'd 10y law. Ana JUSTICES
of the peace shall have authority To take the
cInnwlclgmc Of aoadN and other writings,
administer oa,hs. Rui take and certify dcpoSi-
tiuus. And N" legislature lay give 10 justices
such additional evil jurisdiction ana powers
within their respective UDUliicSaS may De deem
cf cxprdicnt, under such regulations and r.
s]trictionS a. may ~ prescribed by general law,
except that in suits Ia recover money or daih'G'N
observation-disclosures and powers shall IN no use
evr,ri three hundred dollars. Appeals snail DE
allowed from Judgments 81 ghNAN -" NV, 49,
I'm such manner a., may be prescribed ny Jaw.
~. The l"slslt"Ur" shall upon the Application
of any county. r'iorm, alter or monty inc 'nHu'
IA court established by This article IN su'hi
couutv. and IN lieu thereof, with the assent OF
a minority Of the voters of such county. voting
at an election. create another tribunal Tor urc
transaction OF the business required 10 ha per
formed hy the county court created by TINS attt'
90. pni i'm such case. all the provisions OF this
article in relation to the county court shall be
aurlicsblc to the tribunal established IN lieu OF
said court. And when such tribunal has been
established. u shall continue To- act in lieu OF
the county court until otherwise provided by
law.
80, Tho office OF commissioner and justice Of
peace shall be deemed incompatible, Vacancies
I'm the Office of commissioner, clerk OF The Cnuh,
~ court and justices Of the peace shall be hIIel
BY the county court OF tn. county unll the next
general election.
JoIST RESOLUTION proposing I'll amendment
to the Constitution ui this state.
Pss0red by he IrgiSldturC OI Wcs' Virginia,
try-fHiriS Of al he members orctd 10 zach Hous'
gCrrebly Thereto. That the following BE- and the
same is hereby proposed rs all amendment 10
the Constitution OF this state, to-Wlt.
That section thirteen, o' artlCl" thrcc, n IL
now i. be stricken ont and the following DC IN
serted in lieu thereof:
as. In suits at common law, whore the Natue
I'm controversy exceeds twenty dollars. exclusive
OF interest and costs. the right OF tiiAl V!
iurv, II required by either party, shall be pre-
served: and in such suit before u justice, a Jury