Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-23

article takes edeot shall remain therein for the
term Iof VIC; ,S ineI were eisctsd 1nis. sooner
10, The Legislature may establish courts Of
limited jurisdiction within any county, incor
pointed city, town or village, with the right Of
appeal 70 the sirenit court, subject to such limi
courts Of limited Jurisdiction heretofore estab-
lished In amy county. incorporated city. town or
village, shall remain Is At present constituted
cipal court Of wheeling shall continue in exist
ence until otherwise provided by law. and said
court and the judge thereof, shall eIereise the
powers and jurisdiction heretofore conferred
upon them; and appeals in civil cases from said
court shall lie directly to the supreme court OF
appeals.
%. No citiz this State who aided or par.
ticipated in the late war Detw cen 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
. ~ be seized or sold under final process issued
upon judgments or degrees heretofore rendered,
or otherwise, because OF any act done In accord.
prosecution Of said war. The Legissture shall
provide by general laws, for giving full force and
effect to this section.
81. Such parts OF the common law, and Of the
laws OF this state as are in force when this arti.
Gle gees into operation, and are not rppugnant
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until altered or repealed by the legislature.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.
COUNTY COURTS.
o. There shall be in each county of the State
q county court, composed OF three commission
ers, and two OF said commissioners shall he
quorum for the transaction OF business. II shall
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.
% The commissioners shall be elected by the
voters OF the county. and hold their office for
tie term OF six years. except that at the first
meeting OF said commissioners they shall desig.
nate, 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
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.
ceving 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 one OF their mum.
Der as president, and each shall receive 81 per
day for his services in court, TO 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 same 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, guard:
their accounts and in ell matters relating Ia APP
prenticeS They shall also, under such regula-
tons rs may be prescribed by law, have the
superintendent and administration OF the In.
tNat- nj hatE
including the establishment and regulation OF
roads, ways, bridges, public landings, ferries
and mills, with authority 10 lay and disburse
the county leyies. Provided, That no license
for the sale of intoxicating liquors In any incor.
porated city, town or village, shall DO granted
without the consent OF the municipal authori-
ties thereof, inst had and obtained. They shall,
in all cases of contest, judge OF the election,
qualification aud 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 sther
duties, not OF a 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-
tiyes guardians, committees and curatOrs dur
ing the recess of the regular sessions OF the coun.
" court. Such tribunals rs have been hereto
fore established by the legislature under and by
virtue of the thirty-iourth 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 cOntinue as AT present constltutedln
the counties in which they have been rcs?ec-
u'eI! estaniIncu, anu s,'Hii oo " ~, ~ 90
court created by this article until otherwise pro-
vided by law. And. until otherwise provided
tysixth section of this article shall exercise any
powers and discharge any duties heretofore con-
ferred on, or required OF any court or tribunal
established for Judicial purposes under the said
ar,;cla and section OF the constitution of one
,bnnssnd eight hundred and seyenty.two or
The clerk OF said court or tribunal
rnSnectiyrIy r.spec,ing the recording and pres.
p,;o ~ e.Js and otber nannrs presented for
racorI matters of probate the Amendment and
ounliiicatiOn of personal represe natives guar.
Iams Committees curators and the settlement
Other accounts, and IN all matters relating to
apprentices
Is All actions suits and proceedings not en-
brsccd in the next preceding section, pending
i'm 4 comfy court when this article takes effect
Together with the records and papers pertaining
thereto as well rs all records and papers pertain
ing 10 such actions suits aud proceedings. as
have already been disposed of by said courts
shall be transmitted To aud hled with Inc clerk
of the circuit court oil the county 10 when ONCE
all process outstanding al me Time TINS srti'ie
goes into operation snail De returned; anu salu
clerk shall have the same power ana shalI per
form the same duties IN relation 10 sucn recorus'
papers ana proceedings rs were 'esteu III anu re-
quircd OF the clerk OF lhe county
court, on the day before tnls ar
tcle shall take effect All sucn acuons,
suits and proceedings so pending rs Aforesaid;
shall be doCketed, proceeded IN, tried, heard
and determined in all respects by the circuit
court as II said suits and proceedings had origi'
mated In said court
o6 The VOTERS of each county shall elect a
,,apt af,ba county court whose term of Office
hall be Six wears His dutics and compensa.
ton aud ihc manner Of his removal, shall be
nrnsrrihcd nv law But the clerks of said courts,
now in Office, shall remain therein for the term
for which they have been elected, unless sooner
removed thercfIom, in the manner prescribed
nv law
~ Each county shall be laid of into districts,
moi loss than three nor more than ten I'm mum.
hor and as nearly canal as may be i'm territory
and nnnnln,ion There shall be elected in each
J;s,r q, cnn,aininy a REGULATION moi exceediug
twair, bundrnj one ius,ice az the peace and il
~ ,nn,,ia,ion woods thai number two such
; ;,, ~, hall he eIected therein Every iustce
yuW - j., ,bn Sis,r;c, fny which he WAS oil.
o,d ond hold his oIt;ce 10, form of four years
49, 1870, mood In Tho manner nrescrihed
umrS, Th i;I,ric,s a. ,bav now exist shall
rcmain iii changed by the county court
ien"in wa mans ~ ~
y. The clvll lurlsdlctioh Oh lussice vi wy
peace small sNlehu 70 aStos VI ,i 49,
detlilue anu tru'rf' ~ 'he anhoun' s ,h.no -
elusive 0i Hots ,io, 90 s,inos ~ The
urei noLinIs ine ,hn',rhn, ,hoi, c,vn,y.
they snail ne cohseNalors VI tle les.e, a,I
have such lnrlsulclloii anu power ~, Sir ,..ins
eases rs ma! pe hrSsCrIoeu ~ law n"u ~ ,ho