Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-20

tauons as may be prescribed BY law; and ali
courts OF limited jurisdiction heretofore estab-
nSnsu IN any county, incorporated city, town or
village, snail remain rs al present constituted
until otherwise provided by law. The muni-
cipal court OF Wheeling shall continue i'm exist
enoe until otherwise provided by law, and said
courtahd me Judge thereof, shall exercise the
upon them; and appeals in civil cases from said
appeals.
20. No citiz this State who aided or par.
ticipated In the late war between the govern.
ment OF the United States and a part of the peo-
pie thereof on either side, shall be liable in any
proceeding, civil or criminal; nor shall his prop-
cry be seized or sold under final process issued
upon judgments or degrees heretofore rendered,
or otherwise, because Of any act done I'm accord.
ance with the usages Of civilized warfare I'm The
prosecution OF said war. The Legislature shall
provide by general laws, for giving full force and
effect To this section.
Fl. Such parts Of the common law. and M the
laws OF this state as are in force when this ertI.
Gle goes INTO operation, and are not repueuant
thereto,shsli be and continue the law of the State
untiI altered or repealed by the legislature. All
GlNli anu criminal suits and proceedings pend
shall remain and be proceeded In before the
were pending.
COUNTY COURTS.
%. There shall be in each county of the State
Ooun,! SOui', CpmpOseu oil three commission
erS, ana TWO OF said commissioners shall be a
quorum for the transaction ofbusiness. IL shall
hOid iOur regular sessions in each wear, at such
times as may be fixed upon and entered of rec
ORD by inc SAID court. Provisions may be made
by law Tor 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 salu commissioner they shall desig.
matte nv lot or DfhartviCa In oV,nh MANN. ~.
they may determine, one of their number, who
shall hold his office for the term OF two years,
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 residingin'the same district shall
receive the greater number OF votes cast at any
election, then only the one OF such persons re-
ceiving the highest humble 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 num-
Der as president, and each shall receive 81 per
day for his services in court, TO be paid out OF
the county treasury.
q. 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 is, or may be pre-
ScrlOed by law. They shall have jurisdiction in
all matters of probate, the appointment and
qualification OF personal representatives, guardi-
ans, committees, c%uratOrs, and the settlement OF
their accounts, and in 6l matters relating TO ap-
prenticcs. They shall also, under such regula.
lions as may be prescribed by law, have the
superintendence and administration OF the IN
ternal 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 levies. PrOrided, That no license
for the sale of intoxicating liquors in amy incor:
porated city, town or village, snail 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
may be prescribed by law. Such courts may ex
ercise such other powers and perform such ether
duties, not OF a judicial nature, as may be pre-
Scribed 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
ment and qualification OF personal representa-
tivcS, guardians, committees and curGtors dur
ing the recess Of the regular sessions OF the coun-
~ court. Such tribunals as have been hereto
fore established by the legislature under and by
virtue OF the thirty-fourth section of the eighth
article OF the Constitution OF one thousand eight
hundred and Seyenty-twO, for police and fiscal
purposes, shall until otherwise provided by law,
remain and continue rs at present constituted in
the counties in which they have been TespeC-
lively established, and shall be and act rs TO
police and fiscal matters in lieu OF the county
court created by this article until otherwise pro-
vided by law And, until otherwise provided
by law, such clerk as is mentioned in the twen-
tv-siXth section OF this article, shall exercise any
powers and discharge any duties heretofore con,
ierred on, or required OF any court or tribunal
established for judicial purposes under the SAID
article and section Of the constitution OF one
thousand eight.hundred and seyenty-two, or
the clerk OF said court or tribunal
respectively, respecting the recording and pres.
e~rvatioA OF deeds and other papers presented Tor
record, matters of probate, the appointment and
qualification Of personal representative, guar
dams. committees, curatorS and the settlement
OF their accounts, and in all matters relating TO
apprentices
%. All actions, suits and proceedings not en-.
braced in the next preceding section, pending
IN a county court when this article takes effect,
together with the records and papers pertaining
thereto as well as all records and papers pertain
iug to such actions, suits and proceedings. as
have already been disposed OF by said courts
shall be transmitted TO aud filed with the clerk
of the circul; court Oi the COunty TO which Office
all process outstanding ~ the time this article
goes into operation shall be returned: and said
clerk shall have the same power and shall per
form the same duties in relation 10 such records,
papcrS and proceedings aS were vested in and re-
quired OF the clerk Of the county
court, on the day before this ar
suits and proceedings so pending as aforesaid,
shall be docketed, proceeded in, tried, heard
and determined in al respects by the circuit
court, as ii said suits and proceedings had origi-
mated in said court.
S6. The voters of each county shall elect a
clerk OF the county court, whose term OF Office
shall be six years. His duties and cOmpenSa-
ton, and the manner 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 elected, unless sooner
removed therefIom, in the manner prescribed
by law.
p. Each county shall be laid off into districts,
not less than three nor more than ten in NUM-
Der. and rs nearly equal as may be in territory
and population. There shall be elected III each
district containing Il population not exceeding
the population exceeds that number, twoS such
iusticcs shall be elected therein. Every justice
Shall reside in the district for which he was ell
ected, and hold his Office FOL term OF four years,
unless sooner removed in the manner prescribed
by law. The districts a they now exist, shall
remain till changed by the county court.
o. The civil jurisdiction of a justice OF the
peace shall extend to actions OF aSsumpSlt, deot,
detinue and trover, II the amount claimed, eX'
elusive OF interest, does not exceed three nun
dred dollars. The Jurisdiction of justices OF the
peace shall extend throughout their county
they shall be COnScrvatOrS OF the peace, ana
have such jurisdiction and power IN criminal
cases as may be prescribed by law. And justices
of the peace shall have authority TO take the
acknowledgment ofdeedS and other writings,
administer oaths, and take and certify depoSi-
TONS. Ana the legislature iltN ElNt 10 JuSllfts
such additional civil jurisdiction and powers
within their respective counties a. may be deem
ed expedient, under such regulations and re
S~trictiOnS aS may he prescribed by general law,
except that in suits to recover money or damages
their jurisdiction and covers shall in no case
exceed three hundred dollars. Appeals shall bc
allowed from judgments Of justices OF the peace
in such manner as may be prescribed by law.
-. The legislature shall upon the application
of any county, reform, alter or modify the COun-
ty court established by this article in such
county, and in lieu thereof, With the assent Of
a majority OF the voters OF such county, voting
at an election. create another tribunal for the
transaction of the business required to he per-
formed by the county court created by this arti'
Gle: and in such case. all the provisions of this
article in relation TO the COUNTY court Shall be
applicable to the tribunal established in lieu OF
said court. And when such tribunal has been
established. il shall continue 10 act i'll lieu OF
the county court until otherwise provided by
law.
90. The Office Of commissioner and justice OF
peace shall he deemed Incompatible. Vacancies
In the Office of commissioner, clerk OF the coull.
~ court and Justices 81 the peace shall be hlied
by the county court OF ths county until the next
general election.
JoIST RESOLUTION proposing an amendment
to the Constitution Ofthis state.
Rcsored by the Legislature Of West Virginia,
tro-thirds OF all The members ctcted 10 zach House
agreeing thereto: That the following be and the
same is hereby proposed ms an amendment 10
the Constitution ofthis state. to-wit:,
ILL 49, ne ~