West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1880-07-24

'h..'"- "rt eurator- duruz tho rcc,--
W ,L' regular sessions OF TIC county
court SCcn tribunals a. have been
heretofore established by tho legislature
uhuef anu by virtue Of The tbirty-f1,uth
section o. tho eighth article OF the Con.
SutuuOh OF one thousand eight hundred
anu 9eNohty~twC, for police and fiscal
P"i I'7e9, snail, until otherwise proVi-
h'd Dy law, remain and continue - AT
present constituted in the counties i'm
"h!ch they hayo boon rcspcctiycly o.
I'o!lshed, and shall be- aud act rs 10 no.
llco anu hScal matters IN lieu of Tho
N"n.N court created by this article Iuu-
-, oth'rwise provided by law. And uu-
III otherwise provided bv law. su,.b
CLERK ~ Is mentioned in Tho tvcut,.-
sixth section OF this article. shall cNor-
Csc any powers and discharge amy ,lus
ties heretofore conferred on. or rc1uirel
Oh any court or tribura. established for
luu 'oiAl purposes under the said article
ana section of tho constitution of ono
thpusanu Cight-hundred and scy,ut,
I"o' or the clerk of said court or trims
ild' respectively, respecting the record
'"S 1ub preservation OF deeds AMI othcr
papers presented for record. uottcr. or
PROBATE, tho appointment and uualiiica~
uoh Oh personal representatives,, guar
ul"h9' 'Oi.iiuittecs, curators and tho set,
tlemcut OF their accounts. aud in nlI
matters relating 10 apprentices
-. All actit ~, suits and PROCEEDINGS
not embraced i'm the next proccdinU
section, PENDING i'm a county court when
lill9 "'N'ic taxes elect, together with
UlC iCCvi"7 anu papers pertaining thereto
a. "cli - AL records and paper. nor
tanning 10 Such actions, suits and ipro-
cccuu&S a. have already been dismissed
~ by sad court shall be transmitted T.,
ana hled with tho clerk OF the circuit
court oil me county to which Office all
process outstanding at the time this arti,
cI' goes INTO operation shall be returned.
anu Said clerk shall have the same poyyer
ana snail perform tho same duties i'm re.
ldJlpn To such records, papers and pro.
cccdlnEN as were vested in and rC0tliroJ
81 the clcrk of tho county court. on tbo
gay bCloro This article shall take effect
All such actions, suits and PROCEEDINGS
50 pending as aforesaid, Shall bs donk.
eted, proceeded in, tried, heard and do,
leflhlhed I'm all respects by the circuit
court. rs II SAID suits and proceeding,
mad originated in said court.
-, INC voters OF each county shall elect
clcrk OF the county court, whose term Of
Office shall be six years. Ills DUTIES and
compensation, and tho manner OF his re,
,noN3i, Sha!l DC prescribed by law, But
inc clerks of said courts, now i'm onir,
NhaiI remain therein FOR the term for
winch they have been elected, unless
sooner removed thcicirOn, in the h.an>
~
q. Each county shall he laid Off into
ulslrictS, not less than three nor moro
ten IN number, and as nearlv euual AZ
may be IN territory and population.
There shall be elected in each district
containing population not exceeding
we've hdhdlcd, one justice Of tie peace,
ahG u tho population exceeds that nuns
per, two such Justices shall be elected
thcrciu. Evcry justice shall reside i'm the
district for which he was elected ana
ho!d his Office for the term of four wears
uhicsS sooner removed in the manner
pro Crhed by law. The districts as thcv
now exist, shall remain tin changed liz
The county court
-. The civil jurisdiction of a Justice O.
ir peace shall cXtcud 10 actions OF AS
NuhipSil, debt, dctinuc and tro, er. If thc
amount claimed, exclusive of interest
docs not exceed three hundred dollars
nc Jurisdiction OF Justices o! the peace
ahaiI extend throughout their county
'hcN small ne cOnscrVatOrs OF the peace
ana haNo such jurisdiction and power i'm
cflmlnai cases a. may he prescribed by
law And Justices OF the peace hail have
authority 70 take the aclsnOw lcdgntent OF
"cvu9 ana other writings. administer
U"II9, ana take an certify dcpO,itions.
Ana inc legislature may give To iusGros
H"'h addili"na! civil jurisdiction and
powers ".illu their respective co.utic,
as may be doomed oApcdicuts IIudarsuch
regulations and restriction ds may hc
prescribed by general law. txccpt that I'm
""!l0 10 recover money or damages their
jurisdiction and powers shall i'm no ,.oso
exceed three hundred dollars. ADpcals
small hc allowed from judgments Of ms,
t''c3 Oh the peace i'm such manner ~ may
be prescribed ay law,
-. The legislature shall upon thoar>
pl'atlon oiany county. reform, alter or
in"dHy me county court established by
q
'hcIcol, with the asScn, Ofa majority of
me voters OF such county. voting at an
election, create another tribunal for thc
transaction ofthe business REQUIRED Lo
performed Ivy the county court created
"N thlc Aruciei and iu such clse, all the
provisions OF this article in relation to
the county court shall be applicable To
the tribunal established i'm lieu of said
court. And when such tribunal has been
cSGthilshcd,l 1T shall continue to act i'm lien
on the county court until otherwise pros
Vidcd by law.
30. The Office of commissioner and ms,
tice OF peace shall bG deemed in.olnDnti.
bic. vacancies in the office of conmis~
sioncr clerk of the county courtand ius-
uccS OF the peace shall be filled by the
county court of The county until the next
general election.
Jot"r Resolutions proposing an amend
ment to the Constitution Of this
State.
Resolved by the Legislature of West
Virginia, twU-thirds uf all the members
elected TO each House agreeing thereto
That the following be and the same is
hereby proposed ae IN amendment 10 the
Constitution Of this State, to Wit.
That section thirteen, of article three,
as II now ia, be Btricken out and the fol-
lowing be inserted in lieu thereof:
ID. In suits at common law, where the
value IN controversy exceeds twenty dol.
lars, exclusive Of interest and costs. the
right OF trial by jury, if required by ci-
lher party, sinai. DC preserved and In
such suit before a Justice, Jury may
consist OF siX persons. NJ fact tried by
jury shall be otherwise ~ examined In
any case than according 20 the rules OF
the common law"
BLACKSMITHIN6.