Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-10-06

SaS " INV olu III
courts OF limited Jurisdiction heretofore estab-
lished In amy county, Incorporated city, town or
village, shall remain a. at present constituted
clpal court Of wheeling shah continue in exist
enee until otherwise provided by law, and said
court and the Judge thereof, shall exercise the
powers and jurisdiction heretofore conferred
court shall lie directly to the supreme court Of
appeals.
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
city be seized or sold under final process issued
upon judgments or degrees heretofore rendered.
ance with the usages of civilized warfare in The
prosecution Of said war. The Legislature shall
provide by general laws, for giving full force and
effect 70 this section.
81. Such parts Of the common law. and OF the
laws OF this state as are in force when this srti-
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until altered or repealed by the legislature.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 in 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 corx,r oor,r
p. There shall be in each county OF the State
q county court, composed of three commission.
ers, and two OF said commissioners shall he a
| quorum U tue tTdlsdcuOu Oh business. III snail
hold four regular sessions in each year, at such
times as may be fixed upon and entered of rec
ord by the said court. Provisions may be made
by law for holding special sessions OF said
court.
q. The commissioners shall be elected by the
voters OF the county, and hold their Office for
the term OF six years, except that al the first
meeting OF said commissioner they shall desig.
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 II two or
more persons residing in'the same district shall
receive the greater number OF votes cast al any
election, then only the one OF such persons re.
ceiying 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 ono OF their num-
Der as president, and each shall receive s. per
day for his services in court, 10 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 SAM shall be preserved therein, or
otherwise disposed OF, as now is, or may be pre-
scribed by law. They shall have jurisdiction in
all matters Of probate, the appointment and
qualification OF personal representatives, gusrdi.
ans, committees, %curators, and the settlement OF
their accounts. and in ell matters relating 10 APP
prentices. They shall also, under such regula.
tons as may be prescribed by law, have the
superintendent and administration Of lne III
ternal police and fiscal affairs OF their counties.
including the establishment and regulation of
roads. ways, bridges, public landings, ferries
and mills, with authority 10 lay and dlsburse
the county levles. PrOrided, That no license
for the sale OF intoxicating liquors in any incor-
porated city, town or village, shall be granted
without the consent of the municipal authori-
ties thereof, iiNt had and obtained. They shall,
Il. 4 - ~ ont. ttHna az fhA 81
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 -ther
duties, not OF u 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-
tives. guardians, committees and curatOrs 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 tie Constitution OF one thousand eight
hundred and seventy-two, for police and fiscal
purposes, shall until otherwise provided by law,
remain and c~ontinue as at present constituted in
the counties in which they have been respec-
lively established, and shall be and act as TO
police and fiscal matters in lieu OF the county
court created by this article until otherwise pro-
yided by law. And, until otherwise provided
by law, such clerk as is mentioned in the TWEEN
ty-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 ct one
thousand eight.hundred and seventy.two, or
the clerk o! said court or tribunal
respectively, respecting the recording and pres.
%ervatioH of deeds and other papers presented for
record, matters OF probate, the appointment and
qualification Of personal representatives, guar
dams. committees, curators and the settlement
OF their accounts, and In all matters relating 10
apprentices
-. All actions, suits and proceedings not EN-.
braccd 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 AMI papers pertain
ing 10 such actions. suits and proceedings. rs
have already been disposed OF by said courts
shall be transmitted 10 and filed with the clerk
Of the circuit conrt OF the county To which Office
all process outstanding at the time this article
goes int operation shall be returned: and said
clerk shall have the anne power and shall per.
form the same duties in relation to such records
quired of the clerk OF. the county
court, on the day before this ar
ticle shall take effect. All such actions.
suits and proceedings 50 pending as aforesaid,
shall be docketed' proceeded IN. trled' heara
court, as il said suits and proceedings had origi-
mated in said court.
26. The voters OF each county shall elect a
clerk OF the county court, whose term VI OIlce
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 Tor the term
for which they have been elected, unless sooner
removed therefIom, in the manner prescribed
by law.
q. Each county shall be laid off into districts,
not less than three nor more than ten In num-
Der, and rs nearly equa; as may be in territory
and population. There shall be elected in each
district containing a population not exceeding
twelve hundred, one justice oil the peace ana I
the population exceeds that number, NO such
justices shall. be elected therein: Every justice
Shall reside in the district for which he was ell
ected, and hold his Office foi term OF four years,
unless sooner removed in the manner prescribed
by law. Thedistricts as they now exist, shall
remain till changed by the county court.
-. The civil jurisdiction OF 4 justice OF the
peace shall extend TO actions OF I'M deOt,
detinue and trover, II the amount claimed, ex-
elusive Of interest, does not exceed three hun
dred dollars. The Jurisdiction OF justices OF the
peace shall extend throughout their county;
they shall he conservatory OF the peace, and
have such jurisdiction and power IN criminal
cases as may be prescribed by law. Ana lusticcS
of the peace shall have authority TO take the
acknowledgment Of deeds and. other. writings,
administer oatbs. and take aud certify depoSi'
lions. And the legislature may give TO justices
such additional civil jurisdiction and powers
within their respective counties as may be deem'
ed expedicnt, under such regulations and re
s~triCtionS as may be prescribed by general law,
except that in suits TO 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 such manner as may be prescribed by law.
%. The legislature shall upon the application
OF any county, reform, alter or modify the coun'
~ cour, established by this article in such
county. and in lieu thereof, with the assent oil
a majority OF the voters OF such county, voting
AT an election, create another tribunal Tor the
transaction of the business required TO be per
formed by the county court created by this arti.
Gle: and in such case. all the provisions oil this
article in relation TO the county court shall be
applicable TO the tribunal established IN lieu oil
said court. And when such tribunal has been
established, il shall continue 10 act In lieu OF
the county court until otherwise provided by
law.
30. The effce OF commissioner and justice of
peace shall be deemed incompatible Vacancies
In the Office OF comm .Ssioner, clerk OF the coun.
" court aud justices uf the peace shall be hlled
by the county court OF IN. county until the next
general election.
JoINT RESOLUTION proposing an amendment
to the Constitution Of this state.
ResOrsi bU tS Legislature Of vest virginia,
t,rO-,1irds OF al the members elected 10 each HouS>
| GcrrcigJ thereto: That the following be and the
| same Is hereby proposed ~ an amendment TO
the Constitution ofthis State, to-wit:
That section thirteen, OF article three. as II
now is. be stricken out AID the following be In
| serted in lien thereof:
'lS. In suits al common law, where the value
in controversy exceeds twenty dollars. exclusive
of interest aud costs, the right OF triar by