Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-10-01

romoveo IN me manner prescribed by law.
Unite. III juii:SiesS s1's vi naE s .a1 aaa,. S0u in.o 2
p On.s, ,s city: town or yill.ss. vim ne heht 9
sanons e may Be PrescIibed 81 law; and q
lishsd In amy county, incorporated city, town o.
village. shall remain a. at present CONSTITUTED
until otherwise provided By law, The muni
etpal eourt OF wheeling shan continue In exist
enSe until othsrwtse provided BY law, and said
powers and jurisdiction heretofore conferred
upon them and appeals In civil cases from said
court ,hauls directly 70 the supreme court o.
%. No ciu, thi, STATE who .,d.d q, No,
ncipated In the late war Dstw cen the govern,
msnt OF the Cnited 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.
upon judgments or degrees heretofore rendered,
or otherwise, because Of any act done in accord.
ance with the usages OF civilized warfare In ,he
prosecution OF said war. The Legislature shali
prSuice q general laws, for giving full force and
n. such parts Of the common law, and Of the
laws OF TIM state as are In force when this arti.
cie gees int0 operation. and are not repugnant
until altered or repealed by the legislature.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 Inc
circuit . court OF the counties In which they
"''' penains' COUNTY oovxu
z There shall be in each county OF the Stste
acounty court composed OF three commission,
ers, and Two OF said commissioners shall be q
quorum Tor the transaction OF business. 1t shall
hold four regular sessions In each year, at such
lime as may be fixed upon and entered of rec
ord by the said court. Provisions may be made
by law for holding special sessions Of said
% The commissioners shall be elected by the
voters OF the county. and hold their ofice for
Toe term OF six years. except that at the frat
meeting OF said commissioner they shall desig.
nate, by lot or otherwise, In such manner, as
they may determine, one OF their number. who
shall hold his Office for the term OF two wears,
one for four years, and 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 magisteral 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 persons re-
celying the highest number shall be declared
elected ana the person living in another district,
Who shall receive the next highest number OF
votes, shall be declared elected. Said commis.
soners shall annually elect one OF their num-
per as president, and each shall receive s. per
the county treasury.
"A. The comfy courts through their clerks
mall have the custody OF all deeds and other
papers presented for record In their counties
ana the same snail be preserved therein, or
otherwise disposed OF, as now is, or may be pre-
scrioed by law. They shall have Jurisdiction in
all matters oil. probate, the appointment and
qualification OF personal representatives, gusrdi.
ans, committees, curators, and the settlement OF
their accounts, and in Gil matters relating TO APP
P~rentices. They shall also, under such regula.
tons as may be prescribed by law, have the
superintendent and administration OF the IN
t.rlal police and fiscal affairs OF their counties.
Including the establishment and regulation OF
roads, ways, bridges. public landings, ferries
ana mllls, with authority 10 lay and disburse
the county levies. ProVided, That no license
for the sale of intoxicating liquors In any incor-
porated city, 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, as
nay be prescribed by law. Such courts may ex.
ucise such other powers and perform such sther
tuties, not OF a judicial nature, as may be pre-.
sribed by law. And provision may be made,
under such regulations as may be prescribed by
law, for the probate OF wills, and for the appoint.
,nnent and qualification of personal representa-
lives. guardians, committees and curators dur.
Ing the recess OF the regular sessions of the coun-
Y court. Such tribunals as have been hereto
IRE established by the legislature under and by
rtue OF the thirty fourth section of the eighth
ticle OF the Constitution Of one thousand eight
hndred and seventy-two, for police and fiscal
opposes, shall until otherwise provided by law,
Train and til ne as at present constituted in
theounties in which they have been rcspec-
uNS' established, and shall be and act as TO
Pou, and fiscal matters In lieu OF the county
couri.reated by this article until otherwise pro-
WIDELY law. And, until otherwise provided
Oy iaw}uch clerk as is mentioned in the TWEEN
ty-sixtiection of this article, shall exercise any
powers u discharge any duties heretofore con-
lerre1 DIOR required OF any court or tribunal
es,aInsn, for Judicial purposes under the said
article affection OF the constitution OF one
tnOushuu tp~ht.hnnnrai and Spyautv.ttvn nr
inc cIerk said court or tribunal
reSPecuNeiS Inspecting the recording and pres.
ervhtioh VI tds and other papers presented for
recoru, ma,Nof probate, the appointment and
9uailhcatIont personal representatives, guar
uians; commies, curators aud the settlement
Oftheir accouk and In all matters relating TO
apprentices
.. All actioisuIts and nroceedjncs not ON.
Draceu III Ine nv preceding section, pending
IN a county couShen this article takes effect,
logetheI VIII .itccOrds and papers pertaining
iheretoh MeiaaSl records and papers pertain
ing 10 such acts, suits and proceedings. as
nave alieauy ot disposed Of by said courts
shall De transnituto and filed with the clerk
OF tue circuit courp the county 10 which office
All proccss outtamNg nj The time this article
goes into operation III be returned: and said
cIeIh shaIi navy .ncGle power and shall per-
papers and proceeding were vested in and 70,
guiTed Oh m ,ho Cd Of. the county
ticIe shall take enet All pe'ot s,ch 'n, sc,ioa ar
suits and proceedings socndirS ne aforesSid'
shall be dOcketed, prO\dcd In tried bearj
anu ~ snSd snI,S nSncts by the circuit
mated in said court.
rs. The voters of each opty shall elect a
clerk of the county court, W. term nj oasce
shall be six years. His dutfs nd comnonss.
prescribed by law. But the clSo y s,,S Sn y &c
now in office, shall remain the, inr ,be term
for which they have been elects, ,niess so"nnr
removed therefiom, in the maT prescribed
n. Each county shall be laid Otto s,s,ric,.
\ not less than three nor more that, in nnm,
ber, and as nearly cqua. a. may be- Territory
and population. There shall be eied I'm aarb
district containing a population nc, rceeding
twelve hundred, ono justice oil the IL. and II
the population exceeds that NUMBER snch
justices shall. be elected therein. Ev, ius,ica
shall reside In the district for which Vas ei.
ected, aud hold his office fol- term OF q r.sr
unless sooner removed in the manner Ierihed
by law. The districts a they now e%xfshSli
remain till changed by the county courf
-. The civil jurisdiction OF a justice tho
peace shall extend 10 actions OF assumpsieht
dciinue and trover. IL the amount claimeeI
elusive OF interest. does not exceed threetn.
dred dollars. The jurisdiction OF justices We
peace shall extend throughout their coo:
they shall be conscrvators OF the pcsce,i
have such jurisdiction aud power in crimt
cases as may he prescribed by law. And usttl
Of the peace shall have authority to take
1 arknOWl clglQeut VI VefuS anu ONnrl- "ilbHJ
administer oaths, and take and certify deros
tions. And the legislature may give N justice
such additional civil jurisdiction and power
within their respective counties a. may be deem
ed expedient. under such regulations and re
s~trictions u may be prescribed by general law,
except that In suits 10 recover money or damages
their Jurisdiction and powers shall In no cAst
exceed three hundred dollars. Appeals shall bt
allowed from judgments Of justices OF the peac,
in such manner as may be prescribed by law.
%. The legislature shall upon the application
of any county, reform, alter or modify the cOun
~ court established by this article in such
county, and in lieu thereof, with the assent o
A majority OF the voters OF such county. votini
at an election, create another tribunal Tor tn
transaction Of the business required TO be per
formed by the county court CT, ated by this artt
Gle: and in such case all the provisions oil I'M
article in relation 10 the county court shall o'
applicableto the tribunal established In lieu o
said court. And when such tribunal has beer
established, IL shall continue 20 act In lieu o
the county court until otherwise provided by
law.
80. The afice Of commissioner and justice n
peace shall be deemed Incompatible Nacancie
In the Office of commissioner clerk OF the coun
~ court aud justices OF the peace shall be hllet
by the county court OF IN. county untiithe mex
general election.
Jorsr RESOLUTION proposing an amendmen
to the Constitution Of this state.
Rcsored by N, legislature Of Woa Virginia
,,ro-,birds NJ ru fhs Dlemlsrs glfrfrn 10 sdch HOue