Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-07-17

20. 30 citizen Ills :, ate who aided or rartici
paed 70 the lhe val between The Government Of tie
united states and part Of the people thereof on
either side, shall be Liable 10 aHy preceding civil or
crimtna nor shall lii property be seized or sold
herstofere rendered otherwise because Of any act
done in accordance with the u,aees Of civilized war
fare IN the prosecution II "a war The legislature
and effect 10 this section
81 such parts OF the common law, and Of the
laws o. tins state as are 10 force when this article
goes INTO operation. and not repugnant thereto
snail be and continue the law Of the State until alter
ed or repealed by the legislature All civil and Grim
inai suits and proceedings pendiRQ In the former
circuit courts Of This State shall resin snd be pro-
ceeaed ~ before the circuit courts Of the counties in
which they were pending.
COUNTY COURTS.
% There shall be In each county or the STATE
county Court, composed Of three comm issiouers
and two Of said commissioners shall be a quorum
for the transaction Of business. 1t shall hold four
regular sessions IN each year, at such times may
De h&ed upon and entered Of record by the said
said court Provisions 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 their office for the
term OF tx years, except that at the rst meeting OF
said commissioners they shall designate by lot or
otherwise, in such manner they may de terrnine
OF their number who shall hold his Office for he
term Of two years, one for four years. and one for
six years, 50 that one shall be elected every two
years. But no two Of said commissioners shall be
elected rom the same magsterial district. And il
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
the highest number shall be declared elected and
the person living In another district who shall re-
ceye the next highest number Of votes, shall be de-
clared elected. said commissioners shall annually
elect one of their number president. and each
shall receive 81 per day for his services in court TO
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-
shall be preserved therein, otherwise disposed Of
as now Is, or may be prescribed by law They shall
have Jurisdiction in all matters Of probate the APP
nj mo n and AZ
tlyes guardians, committees curators, and the set
Element of their accounts and In all matters relating
to apprentices They shall, ase under sue regula-
tions as may be prescribed by law, have superin
tendence and administration of the internal police
and fiscal Affairs of their countless including the
Enlistment and regulation Of roads, ways, bridges
public landings, ferries and mills, with authority TO
lay and dsburse the county 1levies. Pr0ridsd That
no license for the sale of intoxicating liquors in any
incorporated city, town village, shall be granted
without the consent of the municipal auth critics
thereof frss had and obtained They shall. in ali
cases of contest judge of the elect on qualification
and returns of their own members, and all county
and district officers, subject TO such regulations by
appeal ar otherwise, az may be prescribed by law.
And provision may be 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 and 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 vir
tue OF the tbrtyfourth section of the eighth article
OF the Constitution Of one thousand eight hundred
and seyenty-two for police and fiscal purposes shall
tinue as at present constituted in the counties in
which they have been respectively established and
shall be and act as to police and fiscal matters in lieu
ofthe county court created by this article until other
wise provided by law And, until otherwise proyid-
ed by law, such clerk as s mentioned in'the twenty
sixth section OF this article shall exercise powers
and discharge any duties heretofore conferred on OF
required of any court or tribunal established for judi
cal purposes under the said artc and section of the
Constitution of one thousand eight hundred and
entytwo, the clerk of said court or tribunal re-
spectvey respecting the recording and preservation
a dp41S cd ord nj
tiers Of probate, the appointment and qualification of
personal guardians committees
ators and the settlement of their accounts and in all
matters relating to apprentices
% All actions, suits and proceedings not embraced
IN the next preceding section, pending in county
the records and papers pertaining thereto well
all records and papers pertaining to such actions,
of by said courts shall I've transmitted to and led with
the clerk ofthe circuit court of the county 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 |
duties in relation to such records papers and
proceedings as were vested in and required of the
clerk of tho county court, the day before this
tcle shall take effect. All such actions suits and
proceedings pending aforesaid shall be docket
ed proceeded in. tried, heard and determined in all
respects by the circuit court, asf said suits and pro-
eeedings had oricina led in SAID court.
20. 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
neI OF his removal shall be prescribed by law. But
the clerks of said courts in Office snail remain
therein for the term for which they have been elect
ed unless sooner removed therelrom in the manner
prescribed by law.
q. Each county shall be laid of 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
population not exceeding twelve hundred, justice
of the peace and il the population exceeds that num-
ber two such justices shall be elected therein Every
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 now exist shall remain TIL
changed by the county court.
70. The civil jurisdiction of justice OF the peace
shall extend to actions of assumpst debt, detnue.
and trOver, If 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 conservators
of the peace, and have such jurisdiction and power
justices OF the peace shall have authority to take the
acknowledgement of deeds and other writings, ad-
minister oaths 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 expedient. under such
regulations and restrictions may be prescribed by
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 may be prescribed by law.
~ The sgslatture sh"li upon ~, appeaiion OF any
tablshed 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 Of the business required
to be performed by the county created by this
artlcei ana IN such case All the provisions IN tIis
article IN relation to the county court shall be appi-
cable TO the tribunal established in lieu Of said court
And when such tribunal has been established il
shall continue to act in lieu of the county court until
otherwise provided by law.
80. The office OF commissioner and justice of the
peace shall he deemed incompatible Vacancies in
the office Of commissioner, clerEof the county court
snd justices of the peace shall be Allied by the county
court of the county until the next general election.
JOINT RESOLUTION proposing an amendment to the
Constitution Of this State.
Hesolred by the Legislature 81 West Firgirid t'oo-
thirds Of all the members elected each House agreeing
thereto That the following be and the same Is here
by proposed an mendment to She Constitution Of
this etate, to-wit;
That section thirteen, Of article three as il now is,
be stricken out and the following he inserted IN lieu
thereof:
"l3 In suits at common law, where the value in
controversy exceeds twenty dollars exclusive OF in
teIest and costs the right OF trial by jury required
by either party, shall be preseryed and in such suit
before justice, jury may consist Of six persons.
No fact tired hy Jury shall be ntherwlse e1amlned