Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-09-25

either side shall be labs in any proceeding civil
criminal; nor shall hi' property be seized sold n.
der final process issued upon judgments or decree.
herstofors rendered. otherwise because q any ac
done in accordance with the usages Of civilized war.
fare ia the prosecution Of sad war The legislature
shall provide BY general laws for giving flil force
and effect to this section.
81. Snch parts Of the common law and Of the
laws Of this state As are in force when this article
goes into operation and are not repugnant thereto
shall be and continue the Law Of the State until alter
ed Or repealed by the legislature All civil and Grim
nal 0uits and proceedings pending in the former
circuit courts OF this State, shall remain aud be pro-
ceeded ia before the circuit Of the counties in
which they were pending.
COUNTY eouaTs
%. There shall be in each eoun " Of the State a
County Court, composed Of three comm issiouers,
and two Of said commissioners shall he q ounru1
for the transaction Of business 1t shall hold four
regular sessions in each year, 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
q. The commissioners shall be elected by the
voters Of the county, and hold their Office for the
Term OF SIX years except that at the first meeting Of
said commissioners they shall designate by lot or
otherwise, in such manner as 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 If
two or more persons residing in the same district
shall receive the greater number Of votes cast al anv
election, then only the of such persons receiving
the highest number shall be declared elected, and
the person living in another district. who shall
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.
a. The county courts through their clerks, shall
haYs the custody of all deeds and other papers pre-
sented for record in their counties, and the same
shall be preserved therein, otherwise disposed Of
as now IS or may be prescribed by law. They shall
have jurisdiction in all matters of probate, the ap-
pointment and qualification Of personal representa-
tves, guardians committees, cuIaors, and the set
Element of their accounts and in all matters relating
A nd rerra IA afr4t1a-
tons as may be prescribed by law, have the perrin
tendence and administration of the internal police
and fiscal affairs of their counties, including the
adjustment and regulation of roads, ways, bridges,
public landings ferries and mills with authority TO
lay and disburse the county leves. Prorided, That
no Incense Tor the sale OF intoxicating liquors IN any
incorporated city, town or village, shall be granted
without the consent of the municipal uth critics
thereof, frs. had and obtained. They SHALL in all
cases of contest judge of the elect on qualification
and returns of their own 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
may be prescribed by law, for the probate of wills,
and for the appointment and qualification Of person.
al representatives,, guardians committees and cura-
tors during the Of the regular sessions Of the
county court. Such tribunals as have been hereto
fore established by the legislature under and by viz
tue of the thirty fourth section of the eighth article
of the Constitution Of one thousand eight hundred
and seventy-two for police and fiscal purposes shall
until otherwise provided by law, remain and con-
time as at present constituted in the counties in
which they have been respectively established and
of the county court created by this article until other
wiseproyided by law. And, until otherwise provid-
ed by law, such clerk as is mentioned in the twenty
sixth section of this article, shall exercise any powers
and discharge any duties heretofore conferred on,
required of any court Tribunal established for judi
ea purposes under the said article and section OF the
Constitution of one thousand eight hundred and sew
eutytwo or the ciefa Of said court or tribunal re-
peetiyely respecting the recording and preservation
OF deeds and other papers presented fol record mat
tiers Of probate, the appointment and qualification Of
personal representatives, guardians, committees cur
ators and the settlement Of their accounts and in all
matters relating to apprentices.
%. All actions, suits 40 proceedings not embraced
in the next preceding section, pending in county
court when this article takes effect together with
the records and papers pertaining thereto as well as
all records and papers pertaining 70 such actions,
suits and proce edmes have already been disposed
of by said courts shall be transmitted to and filed with
the clerk ofthe circuit of the county TO which
office all process outstanding at the time this article
goes into operation shall be returned; and said clerk
shall have the same power and shall perform the
duties in relation to such records papers and
proceedings were vested in and required of the
clerk OF the county court the day before this ar
ticle shall take effect. All such actions, suits and
proceedings pending aforesaid. shall be docket
ed proceeded in. tried, heard and determined in all
respects by the circuit court af said suits and pro-
ceedngs had originated in sand court
26 The voters eff each county shall elect clerk Of
the county court, whose term Of office shall be six
years His duties and compensation, and the man
neT Of his removal shall be prescribed by law. But
the clerks of said courts now office, shall remain
therein for the term for which they have been elect
ed unless sooner removed thereirOm, in the manner
prescribed by law
81. Each county shall be laid Of into districts, not
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 not exceeding twelve hundred one justice
6er two such justices sRa be- elected therein Every
justice shall reside in the district for which he
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 shah remain till
| changed by the county court
%. The civil jurisdiction Of justice Of the peace
shall extend
and troyer, if the amount claimed, exclusive of in
erest does not exceed three hundred dollars. The
jurisdiction of justices of the peace shall extend
throughout their county; they shall be conseryators
OF the peace, and have such Jurisdiction and power
| in criminal cases may be prescribed by law. And
justices of the peace shall have authority to take the
acknowledgement of deeds and other writings, adj
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 expedent under such
regulations and restrictions 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.
30 The legislature shall upon Application Of any
county reform, alter or modify the county court es
taolshed oy TINS article IN such county ana IN lieu
thereof with the assent of maorty OF the voters OF
such county, voting at election create another
tribunal for the transaction Of the business required
to be performed by the county court created by this
article; and in such case all the provisions in this
article in relation TO the county court shah he app
cable TO the tribunal established in lieu of said court
| And when such tribunal has been established, it
shall continue 10 act in lieu OF the county court until
| otherwise provided by law.
80. The office OF commissioner and justice of the
peace shall be deemed Incompatible. Vacancies in
the office of commissioner clerk Of the county court
snd inst ce of the peace shall be filled by the county
of the county until the next general election.
| JOINT RESOLUTION proposing an amendment TO the
Constitution Of this state
Eesorei b. the Legislature Of West Iirqinia tao
hds Of al tie meat5ers elected 10 each House agreeing
thereto That the following be and the same is here
by proposed an amendment to the Constitution of
this state, to-wit:
Zee stricken out and the following be inserted in lieu
thereof;
''l3. In suits at common law. where the value in
controversy exceeds twenty dollars exclusive Of in
eres and costs, thergh of trial by Jury if required
byeithcr party shall be preseNed and in such suit
before Justice, jury may consist of six persons.
No fact tried by jury shall be otherwise examined
Ia any case than according TO the rules Of the COM
| mon law" fully B. lsS0-3m.