Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-14

t NoAAtg, luCOIpOfdloQ olty, tOWu or
village, snail remain as at present constituted
until otherwise provided BY law. The muui.
cipal court OF Wheeling shall continue in exist.
enee until 9therwise provided by law, and said
court ana the Judge thereof, shall exercise tho
powers and jurisdiction heretofore conferred
upon them and appeals In civil cases from said
court shall lie directly TO the supreme court of
appeals.
ticipated in the late war between the 0ovarn.
ment OF 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
cry De seized or sold under final process issued
upon judgments or degrees heretofore rendered.
or otherwise, because of any act done i'm accord.
ancc with the uSages OF civilized warfare i'm The
prosecution OF said war. The legislature shall
pIoNlde by general laws, for giving full force and
effect 10 this section.
q. such parts OF the common law. and OF the
laws OF ms state as are in force when this arti-
Gle goes INTO operation, and are not repuguant
therelo,shali be aud continue the law of the State
uliii Altered or repealed by the legislature. All
clNli anu o1mlnal suits and proceedings pend
ing III the former circuit courts of this State,
shall remain and be proceeded In before the
circuit courts OF the counties in which they
were pending.
COUNTY COURTS.
p. There shall be in each county of the State
a county court, composed of three Commission
erS, ana Two OF said commissioners shall be a
quorum Tor the transaction OF buslneSS. IL shall
hold four regular sessions in each year. at such
times as may De hNed upon and entered of rec
ord by the SAID court. Provisions may be made
by law for holding special sessions of said
court.
% The commissioners shall be elected by the
voters OF the county, and hold their office for
The term OF SIX Years, except that at the first
meeting OF said commissioned they shall desig.
nate, by lot or otherwise, i'm such manner as
they may determine, one Of their number who
shall hold his office for the term of two years,
--.f g. tAanrN "A arRl Ln.E - - d.
one shall be elected every two years. But no
two Of said commissioners shall be elected from
the same magisteTal 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-
Cciving 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.
SiOnerS shall annually elect one OF their mum
Der ~ president, and each shall receive 81 per
day for his services in court, 10 be paid out OF
the county treasury.
II. 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 il, or may be pre-
Scribcd by aw. They shall have jurisdiction in
all matters Of probate, the appointment and
qualification OF personal representatives, guardi-
ans, committees, curatOrS, aud the settlement Of
their accounts, and in Gil matters relating to APP
prcntiCCS. They shall also, under such rcgula-
lions rs may be prescribed by law, have the
SupcriulendenCe and administration Of the IN
terual police and fiscal affairs OF their counties.
including the establishment and regulation of
roads, ways, bridges, public landings, ferries
and mills. with authority TO lay and disburSe
the county levlcs. PrOridsd, That no license
for the sale OF intoxicating Liquors In any incor-
por1tcd city, town or village, shall be granted
without the consent of the municipal authori-
ties thereof, first had and obtained. They shall,
in all Eases of contest, judge OF the election,
qualification aud returns of their W members,
and of all county and district officers, subject To
such regulations, by appeal or otherwise, AS
may be Prescribed by law. such courts may eX.
crciscsuch other powers and perform such Sther
duties, not OF II judicial nature, rs may be pre-
Srribcd by law. And provision may be made,
under such regulations ~ may be prescribed by
law, Tor the probate OF wills, and for the appoint.
mcut ami qualification of personal representa-.
tivcS. guardians, committees aud curatOrs dur.
ing the recess OF the regular sessions OF the coun.
ty court. Such tribunal rs have been hereto
fore established by the legislature under and by
virtue oi the thirty.fOurth section OF the eighth
article Of the Constitution of one thousand eight
hundred and scventy-two, for police and fiscal
purposes, shall until otherwise provided by law,
remain ana COutinuC rs nj present constituted in
the counties i'm which they have been rCSpCc-
/ lively established, and shall DC and act as to
police and fiscal matters in lieu of the county
court created by this article until otherwise pro,
Vidcd by law. Aud, until otherwise provided
BY law, such CLERK rs is mentioned in the TWEEN
| ty-Siyih section uf This article, shall exercise any
puwcfs and discharge any duties heretofore con-
ierrei on, or required OF any cOur, or tribunal
/ established for judicial purposes under the said
article and section OF the constitution of one
thousand ~CiEhthundrcd and sevcnty.two, or
the clerk o: said court or tribunal
respectively. respecting the recording and pres
e%ryatioa of deeds and other papers presented for
record, matters Of probate, the appointment and
qualification OF personal representatives, guar
| dRuS. committees, curaiOrS and the settlement
o. their accounts, and In all matters relating To
apprentices
-. Al actions, suits and proceedings not EN-.
bracci ~ the next preceding section, pending
ina county court when this article takes effect,
together with the records ana papers pertaining
thereto ~ wei. a. all records and papers pertain
ing To such actions, suits and proceedings. as
have already been disposed Of by said courts
! shall y. transmitted 10 Wld filed with the clerk
OF the drcul' court 81 the county To when once
! all process outstanding NJ the lime THIS article
goes into operation shall De returned; and said
clerk snail have the same power and shall per-
form tie same duties in relation oSuch records,
papcrSand proceedings as were vested IN and re-
quired OF the clerk Of the county
cont, on the day before this ar
ticle shall take effect. All such actions,
suits aud proceedings 50 pending rs aforesaid,
shalt be dUcketcd, proceeded IN, tried, heard
and determined IN all respects 10y the circuit
! court. aS If said suits ami proceedings had orig;-
natedin said court.
96. The voters Of each county shall elect Il
clerk oithc county court. whose term OF office
hall b, six years. His duties and cOmpensa.
ton, aId the manner Of his removal, SHAH be
pp.>Crigcl by law. But the clerks Of said courts,
/ now in ,iiCc, shall lemain therein for the term
for which they have been elected, unless sooner
removed thereiIom, in the manner prescribed
/ b. law
~. Each county shall be laid or into districts,
not les than three nor more than ten in mum
Der. AMI as nearly equal aS may be in territory
aud population. There shall be elected III c!ch
| district UnttiHing u population. not exceeding
/ twelve hundred. one Justice Oi the peace, ana II
/ The population exceeds that number, two such
/ i%usticG shat! be elected therein. Every justice
shall reside i'm the district iDr which he was cI-
ected, and hold his office TOT term of four years,
unless sooner removed IN TIE manner prcScrlbcl
by law. The districts rs they now exist, shall
remain till changed 10y the county court.
-. The civil jurisdiction Oi a justice OF the
peace sail extend To actions OF a>sumISlt ucpt,
| dctiuuC and truVcr, II the amount claimed, cN-
! elusive of interest, does not exceed three nun
dred dollars. The Jurisdiction Of justices OF the
peace shall extend throughout their county;
they shall he COnScTNa'orS OF thc pSa't' anu
/ have such jurisdiction aud power III rrlinlhal
eases a. may be prescribed by lawt And JUSTICES
of the peace shall have authority 20 take me
Acknowledgement Of deeds and other. WRITINGS,
administer OathS, aud take aEd certify depnsi-
! lions. And the legislature may give To justices
Su,h additional evil Jurisdiction and powers
within their respective countless A. may be deem
/ cd cXIgdicut. under such regulations alic re
! StrirtiOu, as NAV be prescribed 10y general law,
rycrut thai in suits Ia recover money OF damages
| their jurisdiction and powers shall in no case
exceed three hundred dollars. Appeals shall be
allowed from judgments Of justices OF the peace
I'm SUCH manner rs may be prescribed by law:
%. The legislature shall upon the application
Of any county. rriOTm, alter or modify the roul-
ry court established by this article in such
cnuutv. In lieu thereof, with the assent OF
| q minority Of The voters oi such county, voting
m an election. create another tribunal for the
transaction Of the business required 10 be per
formed BY the county court created by TINS arll-
| Gle; AMI I'm such case, all the provisions OF THIS
article In relation To the county court snail De
applicable to the tribunal established IN lieu Oi
sad court. And when such tribunal has been
established, ii shall continue 10 act IN llcu OF
the county court until otherwise provided by
law.
80. The office Of commissioner and Justice OF
ppsCe snail be dvumCt Incompatible Nacalcles
Ia the Office uf commissioner clerk OF the Cnui.
~ court and justices ri the peace shall be tllei
Gy the county court OF tbs county until the he&t
general election.
JoTST RESOLUTION proposing IN amendment
to the Constitution ofthis state.
Rcs0r0f by he LEGISLATURE Of UsSt Virginia,
nrp-tiiris Oi all tie members scci'd 10 each House
QJrrcing ticrrio: That the following be ana me
same Is hereby proposed rs an amendment 10
the Constitution ofJnis State. to-wlt:, -.
That section thirteen, OF article three, as II
now is, he stricken ont and the following be IN
serted in lieu thereof:
"l3. In suits al common law, where the value
in controversy exceeds twenty dollars exclusive
N.nAN IE