Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-13

- ~oAA NSels IL tLllG Nu0uI ll6
article @kes effect, thall remain therein for the
term for which they we've elected. unles, sooner
removed 10 the manner prescribed by law.
~, ne Lssp!sture may establish courts Of
porated city, town or village, with the Right Of
appeal TO the sircnit court, subject to such Ii nj
tanons as may be prescribed by law; and all
lished in any county, incorporated atty, town or
village, shall remain as at present constituted
until otherwise provided by law. The muhi-
cipal court OF Wheeling shall continue in exist
enee until otherwise provided by law. and said
court and the judge thereof, shall exercise the
powers ana jurisdiction heretofore conferred
upon them aud appeals in civil cases from said
court shall lie directly to the supreme court of
appeals.
80. No citiz this State who aided or mar.
tcipa!ed In the late war between The govern.
meni of the United States and a part of the peo-
PIE lheieoI on either side, shall be liable in any
proceeding, civil or criminal; nor shall his prop.
e'ty be seized or sold under final process issued
upon judgments or degrees heretofore rendered
or otherwise, because of any act done in accord
ance WIN the nSageS OF civilized warfare in The
prosecution oI said war. The Legislature shall
providc by general laws, for giving full force and
effect TO this section.
Il. such parts of the common law. and of the
laws oil inns state as are in force when this arti-
Gle gees INTO operation, and are not repugnant
thereto, snail be and continue the law OF the state
until altered or repealed by the legislature. All
clvli ana criminal suits and proceedings pend
lng IN the former circuit courts of this State,
snail renal and be proceeded in before the
circuit courts OF the cOuntins in which tbay
were pending. wy
COUNTY COURTS.
%. There shall bcin each county OF the State
a county court, composed of three commission,
erS, ana TWO OF said commissioners shall be a
quorum for the transaction ofbusiness II shall
hold four regular sessions in each year, at such
lines 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
tbe term OF SIX years, except that at the first
meeting OF Slu commissioners they shall desig.
nate, by lot or otherwise, in such manner. as
they nav determine. one OF their number, who
shall hold his Office for the term of two years,
one for four years, aud one for six years, so that
one shall be elected every two years. But no
two of said commissioner shall be elected from
the same magisteral district. And if two or
more persons residing in'the same district shall
receive the greater number of votes cast at any
election, then only the one Of such persons re-
Ceiying the highest I'M 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
siOncrS shall annually elect one of their num-
Der as president, and each shall receive 81 per
day for his services In court, 10 be paid out of
the county treasury.
"a. The county courts through their clerks
shall have the custody OF all deeds and other
paucrs presented for record In their counties,
and the same shall he preserved therein, or
otherwise disposed of, a. 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, guardi-
ans, committees, curatOrS, and the settlement of
their accounts, and In Sl matters relating 10 APP
prenticeS. They shall also, under such rcgula-
lions as may be prescribed by law, have the
SuperiHtcndence and administration of the IN
lilo, aud fiscal onlfrg q hnfr,At,ntH.g
including the establishment and regulation Of
roads. ways, bridges, public landings, ferries
and mills. with authority 10 lay and disburSe
the cOunty levieS. PrOrid6d, That no license
for the sale OF intoxicating Liquors IN any incor-
pOrltcd city, town or village, shall 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 10
such regulations, by appeal or OthcrwiSe, MS
may be prescribed by law. Such courts may eX'
ercisc such other powers and perform such ether
duties, not, OF "A judicial nature, rs may be pre-
scribcd 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
mcnt and qualification OF personal representa-
tivcS, 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-i0urth section OF the eighth
article oi the Constitution of one thousand eight
hundred and Seycnty-twO, for police and fiscal
purposes, shall until otherwise provided by law,
remain and COntinnc as at present constituted in
the counties i'm which they have been rcSpec-
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-
vidcd by law. Aud. until otherwise provided
by law, such clerk aS is mentioned in the TWEEN
ty-Sixth section Of this article, shall exercise any
pUWcrS and discharge any duties heretofore con
iarr,ul mn or rpunlrAl nf uuy ppIrt ar tribunal
established for judicial purposes under the said
article aud section OF the constitution OF one
thousand cight.hundred and seyenty-twO, or
the clerk OF Suid court or tribunal
respectively. respecting the recording and pres.
~cryatiO4 Of deeds and other papers PRESENTED for
record, matters Of probate, the appointment and
qualification OF personal representatives guar
dams. committees, curatorS aud the settlement
oithcir accounts, and in all matters relating to
apprentices
bruCcl in the next preceding section, pending
i'm A county court when this article takes effect,
together with the records and papers pertaining
thereto rs well "a all records and papers pertain
ing IL such actions, salts and proceedings. as
have already been disposed III 10y SAID courts
shall be- transmitted a. and filed with the clerk
Of the circuit court Of the county to which Office
all process outstanding AZ The time this article
goes into opel ,tiun shall be returned; and said
clerk shall have the same power ana shall per
form the same duties in relation to such records,
tllN'TN anu llANN'f'Alll(Nt ~ = " ga 'fsa ~
quired of the clerk Of the county
court, on the day before this ar
ticle shall take effect. All such actions,
suits and proceedings 80 pending as aforesaid.
shall be dOckctcl, proceeded in, tried, heard
and determined in all respects by the uircnit
court. rs if said suits and proceedings had origi-
mated in said court.
%. The voters Of each county shall elect a
clerk Of the county court, whose term OF Office
,bnIi he >iX wears His duties and COmpcnSa-
tf.,, a,fl tho manner az his removal. shall be
prescribed by law. But the clerks Of said courts,
now I'm office, shall remain therein for the term
for which they have been elected, unless sooner
removed therciIOm, i'll tho manner prescribed
p. Each county shall he laid or into districts,
not les than three uOT more than ten in mum
Der. aud aS nearly equal n may be in territory
and population. There shall be elected IN each
district continuing II population not exceeding
twelve hundred one justice of the peace, ana II
the population exceeds that number, two such
justices >hal! be elected therein Every justice
Shall reside IN the district for which nc was ell
crtcd, ard hold his office iOI term Oi four years,
uulc,s sooner removed in the manner prescribed
by law. hcdistrictS as they now exist, shall
remain till changed 10y the county court.
2S. The civil jurisdiction Of Il justice OF the
pcacc snail extend 20 actions OF aSSumpSit, debt,
detiuue and truvcr, il the amount claimed, cx-
elusive Of interest, does not exceed three nun
dred dollars. The Jurisdiction OF justices of the
ppacc shall extend throughout their county;
IltN NAAN'N w A'tNFN . hAa'h' ~ 49, 49, 49,
have such Jurisdiction ana power in criminal
cases A. may be prescribed 10y law. And justices
of the peace shall have authority To take the
acknowledgment Of deeds and other writings,
administer Oaihs, and lake and certify depo>i-
tons. And the legislature may give To justices
such additional civil jurisdiction ana pOweT
within their respective counties A. ma! De uee!n'
ell cNpcdiCnt. under such regulations ana re
S]trictiOuS rs may be prescribed 10y general law,
except 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 such manner H. may be prescribed 10y law:
~. The legislature shall upon the application
of ANY county. reform, alter or mOdii! the IDutl'
IL cGnr; established by this article in such
andin lieu thereof, with the assent OF
II majority of the voters OF such county, voting
nj an election. create another tribunal Tor the
transaction al the business required To be per.
formed by the county court r,atcd 10y TINS artl'
Gle; AMI in such ease, all the provisions OF thls
article in relation to the county court shall Dc
applicable to tn" tribunal established in lien oi
said court. And when such tribunal has been
established. IL shall continue to act in lieu OF
the county court until otherwise provided D!
law.
80. The oNiCc Of commissioner and Justice 81
peace hal be doepcd Incompatible Naclhcles
in the Office Of commissioner, clerk OF the coul,,
ty court aud Justices Of the peace shall be hIled
By the county court OF III. county until the next
general election.
,JoIsT RESOLUTION proposing an amendment
., 81. Constitution nj This STATE.