Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-20

article tafes effect, ahaii remain therein for the
term for which they were elected. unless sooner
Tse hea:ature may ssSSl1S courts of
limited Jurisdiction within any county, incor.
porated city, town or village, with the right OF
appeal to the eircnit court subject to such limi.
tations as may be prescribed by law; and all
courts of limited jurisdiction heretofore estab-
lished in any county, incorporated city, town or
village, shall remain as at present constituted
until VI 81 Ihs
enee until otherwise provided by law, and said
court and the Judge thereof shall exeroise the
powers and jurisdiction heretofore conferred
GpSa % the court
appeals.
20 No citiz this State who aided or par.
ticpated in the late war between the govern
ment OF the United States and part of the peo-
pie thereof on either side, shall be liable in any
proceeding civil or criminal: nor shall his prop
a ~ be seized or sold under final process issued
upon judgments or degrees heretofore rendered,
al Snce with the usases Of civilized warfare in The
prosecution OF said war. The Legislature shall
provide by general for giving full force and
effect TO this section.
n. Such parts OF the common law. and OF the
laws of this state rs are in force when this arti-
Gle gees into operation, and are not repugnant
thereto shall be and continue the law OF the State
until altered or repealed by the legislature. All
civil and criminal suits and proceedings pend /
ing i'm 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.
q. There shall be in each county Of the stste |
a county court, composed OF three commission |
en- and two OF said commissioners shall be a |
quorum for the transaction ofbusness. II shall |
hold four regular sessions In each year at such
times as may De Sed upon sh1 entered he OF maSe
by law for holding special sessions OF said
court
% The commissioners shall be elected by the |
voters OF the county, and hold their offce for
tie term OF six years, except that at the fist
meeting of said commissioners they shall desig'
| nate by lot or otherwise i'll such manner, as
| they may determine, one OF their number, VINO
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
t,yo OF said commissioners shall be elected from
| the same magisteral district. And II two or
| more persons residing the same district shall
receive the greater number of votes cast al any
| election then only the one OF such persons re.
| ceiving the highest number shall be declared
elected,and the person living IN another disulct
| 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 g per
| day for his services III court, 10 be palu OUT Ol
| the county treasury.
| 81 The county courts through their clerks
| shall have the custody OF all deeds and other
| papcrS presented for record in their counties,
and the same shall he preserved therein, or
| otherwise disposed Of ~ now is, or may be pre-
| scribed by law. They shall have jurisdiction III
all matters of probate, the appointment ana
| qualification oi personal representatives gusrui,
| ans committees, curatOrs, and the settlement oi
| their accounts and in Sll matters relating Ia APP
| prenticcs. They shall also, under such r,guia-
| lions rs may be prescribed by law, have the
superintendent and administration OF me IN
| ternal police and fiscal Affairs of theirrounties;
| including the establishment and regulation OF
roads. ways, bridges, public Landings ferries
aud mills with authority 70 lay ana di Mnue
for the sale of intoxicating liquors IN any ihcor,
poratcd city, town or village. shall be granted
| without the consent OF the municipal authoTi'
ties thereof, first had and obtained. Ihey snail
I'm all cases OF contest, judge Of the election,
qualification aud returns Of their own members,
and of ali county and district officers, subject to
| such regulations, by appeal or otherwise, as
NAV be prescribed by law. Such courts may eS'
| crciSe such other powers and perform suCh ether
! duties not OF n judicial nature, a may DC pre-
| scrbcd by law. Ana provision may DC NIUE,
| under such regulations rs may be prescribed ny
law for the probate Oi wills, ana ior the appoint
men; and qualification OF personal representa-
| tiVsS guardians, committees ana curat9rS our
2 die recess Of the regular sessions oil the couh-
| ty,.uui s,Ich tribunals as have been hcrelo-
fore esyanls,, cd IL he legislature under anu ny
virtue of the thirt,' iD.i.h section OF the eighih
| article oil the Constitution o! Gpe tbouSand ciShi
hundred and ScVCnty-two, for f".Le anu hsAi
| purpoSeS shall, until otherwise provided % law,
| remain and continue ~ at present CohstltuI"nl III
the counties In which they have Oceh I'>pe..
lively established, and shall be- and act as To
| policc and fiscal matters In lieu oi the county
cour, created by this article unit! otherwise pro-
yidcd by law. Aud, until otherwise piovlhth
hy law such clerk ~ is mentioned in the TWEEN
ty>ixth section of this article, shall exercise any
J mowers and discharge any duties heretofore con,
! iprrrl on or required OF any court or tribunal
aLliShed for Judicial purposes n,aer 'e sH mc
Thousand c,ght.hundred and scycnty.two, or
the clerk Oi said court or lriounai
respectively, respecting the recording and pres
erystioH Of deeds aud other pap'rs presented LOT
record, matters Of probate, The appointment, ana
qualification OF personal representative, guar.
dams committees, curatoTs aud the settlement
0ither accounts, and in all matters relating 10
apprentices
-; All actions suits and proceedings not en-
braC,d i'm the next preceding section. rendlhg
, in Il county count when This artcle aktS cnect,
,os Ter win II" ;Tcorts ana Gapsps pc,.aris
ing 10 sue. a....I, ,hitS and proceedings as
have already been s..ro o. y! sag courts .h
shall be- transmitted to and Rid WIN The clerk
of the circuit court Of the county ,C ~!iiCh oihcc
sil nrncrsS outstanding at the time this article
goes into operation shall he returned; anu salu
clerk shall have the same power anu slaII per
form the same duties In relation Ia such RECORDS
papcrS and proceedings as were vested IN ana fe.
auircd Of the clerk OF the county
CONT, on the day before this ar
, ticlc shall take effect. All such actions,
suits and proceedings 50 pending as ai9rssa,u;
, Shall be- docketcd, proceeded In. tried, heard
| and determined in all respects by the circuit
cont. rs IL said suits and proceedings had Org
e mated in said court
Il -, an, voters of each county shall elect a
Sfe county court J Whose enS S'n o, CSr
.io, ", ~, mani or a. his removal, shall be
" ne 1S h NV; But tie Z rks Of said courts .
Il Gal remain Licpr Tor the term
prcsc. ""'ebrssy Siect@t. Hrles sooner 90, I,
now ir ON, GS' mshner prescribed
| for which they
removed thcreiom, la .-,o AAsotGls,
by law r., ,,,,.,.,,r,,,, Nv II,
| not less than three nor more than ten II.
bcr, aEi ~ nearly equal ~ may be in tcrrit
and population. There shall be elected in each |,
| dis,ric. containing u population not exceeding
twekc hundred, one justice of the peace. and il
the population exceeds that number, two such |
justices shall bc elected therein. Every justice /
shall aside in the district for which he was ell |
ected and hold his Office iol term OF four years,
unless sooner removed in the manner prescribed |
by law The districts ~ they now exist, shall |
remain till changed by the county court,
y. The civil jurisdiction of a justice Of the |
peace shall extend Ia actions Of aSSumpsit debt,
dctinue aud trOyer, il the amount claimed. ex.
elusive of interest, does not exceed three hun
dfci ,DliaTs. The jurisdiction of justices OF the
peace shall extend throughout their county |
they hall he cnnScryators Of the peace. and |
have such jurisdiction aud power in criminal
Of the peace shall have authority Ia take the
scknuv icd.lncnt OF deeds and other writings
administer oaths and take and certify deposi-
tionS. And the legislature may give 10 justices
such additional evil jurisdiction and powers
within their respective counties ~ may be deem.
ell eXIcdCnt. under such regulations and r.
striCtiOnS a. may BE- prescribed by general law,
cyCcp' that in suits 10 recover money or damages
their jurisdiction and powers shall in no case
EXCEED three hundred dollars. Appeals shall be
allowed from judgments of justices Of The peace
In sudl manner n may be prescribed by law.
-. The legislature shall upon the application
Of any county, reform, alter or modify the COun.
~ Coirt established by this article in such
county, and in lieu thereof, with the assent Of
majority oil the voters of such county, voting
AZ All election. create another tribunal for the
trsnsa;iO Of the business required Ia be per
formed by the county court created by this srti.
Gle; AM ia Such case. all the provisions Of this
artiCl. in relation Ia 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 in lieu Of
the comfy court until otherwise provided by
law.
- The Office OF commissioner and justice Of
peace 'hall be deemed Incompatible Vacancies
in theoiiiCc oi commissioner, clerk OF the Coun-
~ court and justices III the peace shall be flied