Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-07-03

N4lS~tts ~ - <hFFoAtS-
pated ia the late between the Government ofthe
United States and part Of the people thereof on
either side shall be liable in any proceeding civil
criminal; shall his property be seized sold
der final process issued upon judgments or DEGREES
herstofore rendered. OF otherwise oecr Sc OF an act
done accordance with the usages OF civilized war
fare in the prosecution Of said The legislature
shall provide by general laws for giving full force
and effect to this section.
Fl. Such parts of the common law, and OF the
laws of this State in force when this article
goes into operation. and are NOS repugnant hereo,
shall be and continue the law Of the state Until alter
ed or repealed By the legislature All civil and GRIM
iHal suits and proceedings pending in the former
circuit courts ofths state shall remain snd be pro-
ceeded in before the circuit courts OF the counties in
which they were pending.
COG ~ COURTS.
y There shall be in each county OF the State a
County Court, composed of three commissioners,
and two OF said commissioners shall be quorum
for the transaction of business 1t shall bold four
regular sessions Ia each year. at such times as may
| be fixed upon and entered of record by the said
said court Provisions may be made by law for hold
| ing special sessions Of said court.
voters of the county, and no their office for the
term Of six years, except that 1t the first meeting OF
said commissioners they shall designate, by lot er
| otherwise, in such manner they may determine,
of their number who shall hold his office for the
term Of two years, for four years, and one for
six years, that one shall be elected every two
years. But no two OF said commissioners shall be
elected from the magsterial district And II
two or more persons residing in the same district
shall receive the greater number OF votes cast at any
election, then only the of such persons receiving
| the highest number shall he declared elected, ana
the person living in another district who shall re-
ceYe the next highest number OF votes shal be de-
clared elected. Said commissioners shall annually
elect one of their number as president. and each
shall receive 81 day for his services IN COURT to
be paid out of the county treasury.
have the custody of all deeds and other paper pre-
scented for record in their counties, and the same
shall be preseryef therein, or otherwise disposed of
as now is. or may be prescribed by law They shall
have jurisdiction in ell matters of probate the ap
pontment and qualification OF personal representa-
tves guardians, COMM tees, curators and the set
Element of their accounts, and in all matters relating
to apprentices. They SHALL alee, under sue regula-
lions as may be urescl ed by law have the supern-
tendence and administration of the internal police
and fiscal affairs of their counties, including the
Enlistment and regulation of roads. ways, bridges,
public landings, ferries and mills, with authority to-
no license for the of intoxicating liquors in any
incorpora ed city, town village, shall be granted
without he consent of the municipal auth critics
thereof frss had and obtained. They shall in all
of contest judge of the elect on, qualification
and returns Of their members. and Of all county
and district officers, subject to such regulations by
appeal ar otherwise, as may be prescribed by law.
And provision may be made, under such regulations
and for tie appointment and quaiacaton Of person,
nj representatives. guardians committees and cura-
during the recess OF the regular sessions Of the
county court 9uch tribunals as have been hereto
fore establisbedlby the legislature under and by vir
of the thirty ourth section of the eighth article
of the Constitution of one thousand eight hundred
and seventytwo. for police and fiscal purposes shall
until otherwise provided by law, remain and con-
tnue as at present constituted In the counties in
which they have been respectively established, and
shall be and act to police and fiscal matters in lieu
of the county court created by this article until other
wise provided by law. And, until otherwise prsvid-
ed by law, such clerk as is mentioned in the twenty
sixth section of this article, shall any powers
and discharge any duties heretofore conferred on
required Of any court or trb lnal established for judi
cal purposes under the said article and section Of the
entytwo, the clerk of said court or tribunal re-
specyey respecting the recording and preservation
deeds and other papers ted for record mat
of probate, the appointment and qualification Of
personal representatives guardians committees cur
and the settlement of their accounts, and in all
matters relating to apprentices. .t.t..
rs. All actions, suits and proceedings not embraced
court s when this article takes eject together WITH
the records and papers pertaining thereto well
all records and GaPers Psa,anng 70 t such daisons
of by said courts shall be transmitted to and filed with
the clerk ofthe circuit court of the county to which
Office all process outstanding at the time this article
goes into operation shah be returned and said clerk
shall have the same power and shall perform the
proceedinSs as were vested in and required Of the
clerk Of the county court on the day before this
tcle shall take effect. All such actions suits and
pro eedings pending aforesaid shall be docket
ed proceeded in tried, heard and determined in all
respects by the circuit court, asf said suits and pro-
ceedngs had orgina ted in SAID court
g. The vote eff each county shall elects clerk of
the county court, whose term of oface shall be six
years His duties and compensation, and the man
ner of his removal, shall be prescribed by law. But
the clerks Of said courts now IN ONCE shall remain
ed unless sooner removed therefrom, in the manner
prescribed by law.
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 exceeding twelve hundred one justice
of the peace, and II the population exceeds that num-
ber TWO such justices shall be elected therein. ely
justice shall reside in the district for which he was
elected and hold his Office for the term OF four years
unless sooner removed in the manner prescribed by
law. The districts as they now exist shall remain L
changed by the county court.
%. The civil jurisdiction of justice Of the peace
shall extend TO actions of assumpsit, debt detinue
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
in criminal cases as may be prescribed by law. And
justices of the peace sha have authority to take the
acknowled cement of deeds and other writings, ao-
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 sneh
regulations and restrstons may be prescribed py
general law except that in suits TO recover money or
damages their jurisdiction and powers shall IN no
allowed from, judgments of justices OF the peace in
| such manner as may be prescribed by law.
county, reform, alter or modify the county court es
tsblished by this article in such county ana IN heu
thereof with the of majority of the voters OF
such county, voting at an election create anothef
tribunal for the transaction Of the business required
to be performed by the county court created py TINS
article; and in such case ali the provisions in this
article in relation to the county court shall pe hpp
| And when such tribunal has been established, II
shall continue TO act In lieu OF the county court until
4 Otherwise provided by law. tif
| 3d. The office OF commissioner and justice OF the
peace shall be deemed incompatible Vacancies in
| the Office of commissioner clerk Of the county court
and just Of the peace shall be hled by the county
/ court ofthe county until the next general election
/ JoIsr RESOLUTION proposing an amendment to the
Constitution of this State.
1 Resolred ~ the Legislature Of West Virginia. po-
thirds OF all the elected 10 each House agreeing
thereto That the following be and the same is here
1 by proposed amendment to the Constitution OF
| this etate, to-wit:
That section thirteen Of article three as II now is
be stricken and the following be inserted in lieu
til ereof: f#A
| .sl3 In suits at common law, where the value in
controversy exceeds twenty dollars, exclusive OF IN
teresi and costs the right Of trial by jury II required
by either party, shall be preserved; and in such sun
/ before Justice Jury may consist of six persons
No fact tried by jury shall be otherwise examined