Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-08-28

eithsr side shall lie Liable 10 any Iroceedjng civil
cIlnlra,; nor snail M property be ssized cold
der hnal process issued upon judgments or decree
herstofore rendered otherwise because Of any &C
cone in accordance with the ussges Of civilized war
iaFe IN the pfoseetFon 81 rae war III legsiaturi
shsi provide oy general isws tor giving iulf fore,
and effect 70 this section.
II. such parts Of the common law, and Of III,
JAWS OF THIS state as are in force when this ART
goes into operation. and not repuanaut thereto
shaibe and continue the law Of the State an iii alter
ed or repealed ty The legislature All civil and ri ~
maj suits and proceedings pending ia the former
circuit courts Of this State shall remain and be mo
ceeded in before the circuit coars Of the counties r
which they were pending.
covSrr coVK1s
~. There shan be in each county Of tho state .
County Court, composed Of three comInissiouers
and two Of said commissioners shall be a quorum
ior ue transactions Of business 1t shall hold four
regular sessions ~ each year. at such times az may
ne ixed upon and entered Of record ly the said
sald court Provisions may be made by law for hold
ing special Sessions of sad court
~ The commissioners shall be elected by the
voters OF the county, aud hold their Office foi the
term OF SIX years, except that at the first meeting Of
otherwise, 10 such manner as they may determine
one OF their humber who shall hold his office for the
Elk years, so that one shall be elected every two
years. But no two Of said commissioners shall be
elected from the same magisteral district And if
two or more persons residing in the same district
shall receive kha greater number votes cast at anv
election, thea only the Of such persons receiyn
the highest number shall be declared elected, and
the person living in another district, who shall re-
eeiVe the next highest number OF votes shall be de-
clared eIee1ad. Said commissioners shall annually
eject one Of their number as president. and each
shall receive 81 per day for his services in court 10
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-
sented for record in their counties, and the same
snail be preserved therein otherwise disposed Of
as now j.. or may be prescribed by law They shall
have Jurisdiction in all matters Of probate Inc APP
pointment and qualification of personal representa
yves, guardians, committees, cuators, and the set
nAfr nall,
TO apprentices They SHALL alte, under such rer1la-
tons az may be prescribed by law have the supern-
tendence and administration of the internal police
ana nscal affairs OF their counties, including the es
adjustment aud regulation Of roads, WAYS bridges
puos landings, ferries and mills with authority to
lay and disburse the county leves. ProrTdsd That
no license for the sale of intoxicating iquors in any
incorporated city town or village shall be granted
without the eonsen. Of the municipal suts 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 officers, subject TO such regulations by
appeal ar otherwise, as may be prescribed by law.
And provision may he 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 snd cura-
tors during the of the regular sessions Of the
county court Such tribunals as have been hereto
fore established by the legislature under and by viz
tue of the tbirtyfourth section of the eighth article
Of the Constitution OF one thousand eight hundred
and seyentytwo for police and fiscal purposes shall
unue as at present constituted in the counties in
which they nave been respectively established, and
shall be aud act as to police and fiscal matters in lieu
Of the county court created by thsarcle until other
wise provided by law. And, until otherwise provd-
ed by law, such clerk is mentioned in the twenty
sixth seotisn OF this article shall exercise any powers
and discharge any duties heretofore conferred on
required Of any court tribunal established for judi
ca purposes under the said article and section Of the
Constitution of one thousand eight hundred and sew
enty-two, the clerk of said court or tribunal
spectvely, respecting the recording and preservation
Of deeds and ether papers presented for record mat
al Y1nlan and pf
personal representatives, guardians, committees cur
ators, and the settlement Of their accounts and in all
matters relating to apprentices.
25 All actions, suits and proceeding not embraced
in the next preceding section, pending in 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 eedings no have already been disposed
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 elek
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
ticle shall take effect. All such actions suits and
proceedings pending aforesaid. shall he docket
ed, proceeded in, tried heard and determined in all
respects by the circuit court asf said suits and pro-
ceedngs had originated in SAID court.
To- The voters eff each county shall elect clerk OF
the county court whose term Of Office shall be six
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 Office shall remain
ed. unless sooner removed thsrefro, in the manner
prescribed by law. ..a.,..
~ Each county shall he laid off into districts, not
less than three no more than ten in number, and as
nearly equal as may be in territory and population.
There shall be elected in each district, containing a
population not exceeding twelve hundred, justice
of the peace and II the population exceeds that num-
ber two such justices shall be elected therein. Every
Justice shall reside in the district for which he was
elected and hold his Office for the term of four year
unless sooner removed in the manner prescribed by
law. The districts they exit shall remain till
changed by the county court
2s. The civil jurisdiction OF justice Of the peace
shall extend to scsns ef assumpst, debt, detinue.
and troyer If the amount claimed, exclusive of in
tsrest, does not exceed three hundred dollars The
jurisdiction of justices Of the peace shall extend
throughout their county; tssy shall BE- conservators
of the peace and have .ucs inrisdction and power
in criminal cases as may be prescribed by law. And
justices of the peace shs have authority TO take the
acknowledgement OF deeds and other writings, adj
minister oath. and take and certify DISPOSITIONS And
the legislature may give to justices such additional
civil jurisdiction and powers within their respective
counties as may be deemed eIpsdient under such
regulations and restrictions may be prescribed 10y
general law except that in 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 rs may be prescribed by law.
20. The legislature shall upon application OF any
county, reform, alter or modify the county court
tabshsd by this article in such county, and in lieu
thereof with the assent Of majority Of the voters OF
such county, voting at an election create another
tribunal for the transaction " the business required
to be perforated by the county court created by this
articles and in such CASE all the provisions in this
article in relation to the county court shall be app-
cable to the tribunal established in lieu Of said court
And when such tribunal has besn established, II
shall continue to act in su Of tho county court until
otherwise provided by law. r5I tHI.
30. Tbs ONCE oil commissioner and justice of the
peace shall he desmed Incompatible. Vacancies in
the Office Of commissioner. clerk Of the county court
and Just ces ofths peace shall Nv SLED by the county
court ofthe comfy until the next general election.
JoIxT REsoLuTioE proposing amendment TO the
Constitution Of this state.
HetoireS W e Legislature Of West PirqiHid tsso-
iris Of all the members elected 10 each House agreeing
thereto That the following be and the same is here
by proposed as an amendment to tho Constitution o.
this ttate, to-wh:
That section thirteen, Of article three, as i is
be stricken out and the following be iasertedn leu
hereof;
"l3 In suits at common law. where the value in
controversy excseds twenty dollars, exclusive of in
and costs this sht OF trial by jury If required
by either party shall be prosarves and in such suit
before a Justice, jury may consist Of ak persons
80 fact tried by Jury shall he otherwise examined
IL any thsA according 10 the rules Of the COM
mon law. t"..EI fJuly 2, lsS0-Sm.