The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-07-24

law. And, until otherwise provided ny law
such clerk as is mentioned In the twenty
sixth section oil this article, shall exercise
any powers and discharge any duties here
tofore conferred on, or required OF ny
court or tribunal established for judicial
purposes under tho said article and section
Of the constitution Of one thousand eigh,,
hundred and seycnty-two, or the clerk OF said
court or tribunal respectively, respecting
the recording and preservation Of deeds and
other papers presented for record, matters
Of probate, the appointment and qnaiiitea.
ton OF personal representatives., guardians,
committees, ourators and the settlement Of
their accounts, and in all matters relating
to apprentices.
25.All actions, suits and proceedings not
embraced in the next preceding section,
pending in a county court when this article
takes effect, together with the records ard
papers pertaining thereto. ms well as all
records and papers pertaining 10 such &c
tons, suits and proceedings, as have already
been disposed Of by said courta shall be
transmitted to and fled with the clerk Of
the circuit court OF the county 10 which
Office all process outstanding ut the time
this article goes into operation shall be
returned; and said clerk shall have the
same power and shall perform tho same
duties in relation to such records, papers
and proceedings rs were vested in and re-
quircd Of the clerk Of the county court, on
the day before this article shall take effect.
All such actions, suits and proceedings 90
pending as Aforesaid, shall be docketed,
proceeded in, tried, heard and determined
In all respects by the circuit court, az il
said suits and proceedings had originated
in said court.
90. The voters Of each county shall elect
clerk Of the county court, whose term Of
Office shall be six years. His duties and
compensation, and tic manner Of his re.
moval, shall be prescribed by law. Bu.
the clerks Of said courts, now in Office, shall
remain therein for tile term for WI ich they
may have been elected, unless sooner re-,
moved thereirou, in the manner prescribed
by law.
81. Each county shall DO laid of into
districts, not les than three nor more than
ten in nu,mbe., and as nearly equal as may
be in territory and population. There shall
be elected in each district containing a
population not exceeding twelve hundred,
one Justice Of the peace, and II tie popula.
tion exceeds that number, two such justices
shall be elected therein. Every justice
shall reside in the district for which he was
elected, and hold his Office for term Of tour
years, ir less sooner removed in the manner
prescribed by law. The districts rs they
now exist, shall remain ill changed by the
county court.
%. The civil jurisdiction Of a justice OF
the peace shall extend TO actions OF assnmp-
Sit, debt, de,inue and trover, II the amount
claimed, exclusive OF interest, does not ex.
coed three hundred dollars. The iurisdic.
ton Of justices OF the peace shall extend
throughout their county; they shall be
conseryators Of the peace, and hare such
Jurisdiction and power In criminal cases as
may he prescribed by law. And justices o!
The peace shall have authority to take the
acknowledgment Of deeds and other writ
ings administer 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 expcdient, under sucl,
regulations and restrictions IA may be
prescribed by general law, except that in
suits to recover money or damsges their
Jurisdiction and powers shall in no case
exceed three hundred dollars. Appeals
shall be allowed from iudgmenta Of justices
of the peace in SUCH manner as may be
prescribed by law. '5'
I 90 The Legislature shall upon the aprli.
cation Of any county, reform, alter OF
modify the county court establsl,e'l by this
article in such county, and in lien thereof,
with the assent Of a majority of the voters
Of such county, voting ut an election, create
another 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 Of this article
in relation to the county court shall be APP
plicable to the tribunal established in lieu
Of said court.. And when such tribunal has
been established, it shail continue to act in
lieu Of the county court until otherwise
provided by law.t E55E,z=
80. The Office OF commissioner and tia.
,icc Of peace shall be deemed incom-
patiblc. Vacancies in the Office Of CON-
missioner, clerk OF the county court and
Justices Ct the peace shall be filled by the
county court Of the county until the next
general election. f7r
JOINT RESOLUTION proposing an amend
ment to the constitution Of this State.
Resolved, by the legislature Of West
Virginia, two-thirtls Of all tho members
elected to each house agreeing thereto, That
the following be and the same is hereby
proposed as m amendment 10 the constiti-
ton Of this State, to wit:
That section thirteen, OF article three, as
il now Is be stricken out and the following
be inserted in lieu thereof.
"13. In suits at common law, where the
value in controversy exceeds twenty dol
lara, exclusive Of interest and costs, the
right Of trial by jury, II required by either
party, shall be preserved; and in such suit
before justice, a jury may consist OF six
persons. No fact tried by Jury shall be
otherwise re-examined in any case than
according to tho rules Of tho common law"