Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-07-24

pated in the late war betm cen the Cove ~ nj OF the
I United States sud part q the people thereof on
either tide shall he Liable IN any proceeding civil or
cTimiHai snail hs property he seized Of sold I'M
hersto0re rendered, otherwise, becuse Of any
done In accordance with the u-sges ofoiyzed war;
fare In the prosecution of 81 THE legislature
shall provide by general lawn for giving full force
and effect to this section
81 Such parts 81 the common law. and Of the
laws Of this State as are in force when this article
gDes into operation. and not repuenant thereto,
shall be and contine the law Of the state until otter
ed or repealed by the legislature All civil and GRIM
| maj suits ana proceedings pending III the former
circuit eonrs Of this state, shall remain snd BE- pro-
| which they werepeudine
corsTY corRrs.
p There shall he in each coun ty Of the State
| County Court, composed Of three commissioners,
| and two Of said commissioners shall be quorum
Tor the Transaction OF business. IL shall hold four
regular sessions IN each year, at such times as may
! be fixed upon and entered Of record by the said
said court PrOvisio may be made by law for hold
| ing special sessions OF said court.
! %. The commissioners shall be elected by the
voters Of the county and hold tn cir office for the
term Of six years. except that at the fret meeting Of
said commissioners they shall designate, by lot or
| otherwise in such manner AZ they NAV determine
| one OF their number who shall hold his Office the
term Of two years, one for four years. and for
six years, so that one shall be elected every two
years. But no two Of said commissioners shall he
elected from the same magsterial district. And IL
| two or more persons residing in the district
shall receive the greater number Of votes cast
election then only the Of such persons receiving
| the highest number shall be declared elected, and
the person DyIng III another district, who shall
ceiye the next highest number Of votes, shall be de-
| cared elected. Said commissioners shall annually
| elect one of their number as president. and each
shall receive 81 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
shall be preserved therein otherwise disposed of.
have jurisdiction in all matters OF PROBATE the APP
pointmen and qualification OF personal representa-
lives, guardians, committees cnrators and the set
Element OF their accounts matters
toapprentces They shall, alse under such gula-
tions may be prescribed by law have the supern-
tendence and admnstrasion Of the internal police
and fiscal affairs of their countless including the
tablishment and regulation of roads. ways, bridges,
public landings, ferries and mills, with authority to
lay and disburse the county levies. Prouidsd That
no license for the sale Of intoxicating liquors in any
without the consent OF the municipal authorities
thereof, frs had and obtained. They SHALL in all
cases OF contest judge OF the elect on qualification
and returns other own members, and OF all county
and district officers subject to such regulations, by
And provision may be made, under such regulations
as 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 OF the regular sessions OF the
county court. Such tribunals have been hereto
fore estb.hedby the Legislature under and by yir-
tue Of the thirty Fourth section Of the eighth article
Of the Constitution OF one Thousand eight hundred
and seventy-two for police and fiscal purposes shall
| until otherwise provided by law remain and con-
tinue as at present constituted in the counties in
which they have been respectively established and
shall be and act to police and fiscal in lieu
OF the county created BY this article until other
wise provided by law And until otherwise proyid-
ed by law, such clerk as Is mentioned in the twenty
sixth section OF this article shall exercise any powers
and discharge any duties heretofore conferred on
required OF any court or tribunal established for judi
ca purposes under the said article and section of the
Consultation OF one thousand eight hundred and sew
enty-two or the clerk of said court or tribunal
spectiyely respecting the recording and preservation
Of deeds and other papers presented for record mat
tiers of PROBATE the appointment and qualification Of
personal representatives. guardians committees cur
ators 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 county
court when this article takes effect, together with
the records and papers pertaining thereto well
all records and papers pertaining 10 such actions,
suits and proceedings, as have already been disposed
of by said courts shall be transmitted and filed with
the clerk ofthe circuit court Of the county to which
office all process outstanding At the time this article
goes into operation shall be returned and said clerk
| shall have the same power and shall perform the
same duties in relation to such records papers and
clerk of the county court the day before this
ucle shall take effect. All such actions suits and
proceedings so pending as aforesaid shall be docket
ed, proceeded in tried. heard and determined In all
respects by the circuit court, as said suits and pro-
ceedings had originated in idcourt.
g. The voters of each county shall electa 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
therein for the term for which they have been elect
ed, unless sooner removed therefrom, in the manner
II. Each county shall be laid off into districts, not
less than three no more than ten in number, and ~
| nearly equal may he in territory and population
There shall be elected in each district, containing
population not exceeding twelve hundred one justice
S the pesee and The sIGeeds that FUN RSm
justice shall reside IN the district for which he
elected and hold his office for the term Of four years,
unless sooner removed in the manner presented by
law. The districts they exist shall reuain till
| changed 10y the county court
%. The civil jurisdiction of justice Of the peace
shall extend to actions OF assumpst debt, detnue,
| aud troveT II the amount claimed, exclusive of in
| terest does not exceed three hundred dollars. The
Jurisdiction OF Justices Of the peace shall extend
throughout their county, they shall be conseryators
ofthe peace, and have such jurisdiction and power
in criminal eases as may be prescribed by law. And
justices of the peace shall have authority TO take the
acknowledgment OF deeds and other Writings, sd,
minister oaths and take and certify dispositions. And
the legislature may give 10 justices such additional
civil jurisdiction and powers within their respective
counties as may be deemed pedent, under such
regulations and restrictions may be prescribed by
general law except that in suits to recove money or
| damages their Jurisdiction and powers shall in no
exceed three hundred dollars. Appeals shall be
allowed from judgments OF justices OF the peace in
such manner as may be prescribed by law.
%. The legislature shall upon application OF any,
county, reform, alter modify the county court IS
tabisbed by this article in such county and IN lieu
thereof with the assent of majority OF the voters of
tribunal for the transaction Of the business required
TO be performed by the county court created by this
article; and in such case all the provisions in this
article in relation to the county conrt shall be appll-
cape 10 the tribunal estaoilshed ~ heu OF sara couI
| And when such tribunal has been established u
shall continue 30 act in lieu of the county court until
| otherwise provided by law.
| 80 The office OF commissioners and justice OF the
| peace shall he deemed Incompatible. Vacancies in
the office Of commissioner clerk OF the county court
and justices OF the peace shall be filled by the county
court OF the county until the next general election
JorNr RESOLUTION proposing amendment to the
Constitution Of this State.
EesOpea BY the Legisldt.re Of West TrQtnid. t'ro-
thirds Of all The members elected to each Hoase G9,eeng
thereto; That the following be and the same is here
by proposed as amendment 10 the Constitution OF
| this state, to-wh:
That section thirteen, of article three. as II now is
be stricken out and the following be inserted in lieu
thereof t"4iH
"l3. In suits at common law. where the value IN
controversy exceeds twenty dollars exclusive OF in
terest and costs, the right of trial by jury II required
by either party shall he preserved; and in such suit
before a iusce, jury may consist of six persons:
No fact tried by jury shall be otherwise examined
in any than according the rules Of the COM