Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1888-03-06
Court Proceed
ingS.
STATE OF WEST vIRGrNIA.

''AN -
Continued from last week }
To tie WorshiEfM County Court Of Jefferson
County. Vest Va:
GExTG.EMEN The undersigned. a commit
tee appointed by your order IF january 3Oth.
1888. to examine the records and UuncrS in VOur
Clerks office. pursuant to the provisions of
See. ! of Chap. III of the Code. having made
Us thorough an examination of said records
and papers as the limited time which c"nId be
spared from their other duties permitted, beg
leave to report lis follows:
The records uf deeds and other writings re-
Quircd by tie Statute to be recorded in the Deed
BuUkS. ARE properly kept aud carefully indeXed
accurdin" to the - Campbell Index system."-
Deed Books Nos. IT.. II and 10. of the ante
brIlum series. however. need reminding. in or
der tiI..t said records be preserved.
OF the Viii Books. Nos 8. ; and 9 OF the Sc
rics before the war. and the record known rs
the - Recorders Will Book. are sadly in need
of rcbiniing some of them so much so. that
unless the matter receive prompt attention
there il danger that valuable records NAV be-
lost. The last named book is literally dropping
to pieces. Tie snrue may he said of the List
of tiduciarics. Il very valuable record. required
by ia" statute tn 10" kept. and Gas are also the
other records of the office in IA well-bOund
book" Some of the older of these records are
without complete indexes and there is no gen
eral index tn the VIII Books or TO The Fiduciary
accounts. As the Court is aware. tlIcse FL
duci;Iry accounts were recorded before the late
lElr IN lhe VIII Books. siucG the Mnr thGyIare
recorded in hooks provided for III" purpose.
and included u;nnI" them are the appruise-
meal returns ana the sale lists of personal rep
rcscntativcs. As there ar: Ciglltc. II Will Books
covering the period before the war. and eleven
volumes Of Fidurinrv accounts since 1865. ii
Will be readily seen how very valuable and con
vcui"ht would be II well arranged general index
~ all these records. lEasWucI Gs the County
mas purchased the right 10 use the Campbell
index for nil purposes ynur committee recon-
mend that separate indexes of that sort he pro-
vidcd for all the viii books, from the date Of
the erection Df the County to III" PrrScnttinc.
and the Accounts of FidnciartrS. as well those
tn he found in the Old viii books. as tlO-r re-
corded in the records known as - The Accounts
of Fiduciurics' since the close of the war.
Your committee also urge that similar in
drNrS be provided for the books in which ar"
recorded Releases and for the Judgment Lien
Dockrts. especially the latter. 1t seems Ia us
That no record in the office requires Il Camp
h.ll's IulcX-tH he made readily accessible
than the Ju ;gm"nt Lien Docket; for the reason
that there Icing several entries ON each page.
required nv law To he irdrNCd both WAYS I'M
ordinary index soon becomes almost as TOlum-
inOuS rs the record itself.
Your cnmmirtc" would next call the attcn-
tiOn of the Court to til" provisions of Sec At
of Chap 81 Of the Code. and suggest that tn"
Court has not strictly complied with the re-
QuircInrntS of the Statute in keeping its record
Of the proceedings of the Court. 1t appears
to the committee that all orders of the Court.
rs distinguished from orders made by tn" Clerk.
in his office. during the recess of the Court.
have hcen entered in the same order hook. and
thus tle purpose II Tue statute. utcn cOtllcul-
plates that all prnrccdin"s. other than those
relating to the rulirc aud fiscal affairs of tn"
County and the like. should h" found recorded
in a separat" volume. is frustrated. for 1t APP
pears that all the proceedings of tn" Court arc
recorded in the same hook. whatever the chur-
actcr of said proceedings.
Moreover. vOur committee feel constrained
to invite yOnr attention to the condition of the
hook known as Tho Clerks Office Order
Book" In order that The records of tho Clerks
Office he e" easily accessible" ms required by the
Statute. it is If the first inheritance that they
be leIiblr. In the pages of the hook referred
TO a practice Of crOwdin%. intCrlinCaiiOn and
prasurc. has been carried to such an extent
that the entries. in many Instances. are illcG-
lille. InaSinuch as the great minority of per
sOnnl representative of estates qualify before
the Clerk in his office. during the recess of the
Court. it is important That this defect in the
record be speedily corrected: II might even he
worth while. that sOmc of the more imperfect
entries be transcribed upon the unoccupicd
pages of the volume.
Your attention is called to Sec. 10 of Chap.
10 of the Code. requiring all official and fdn-
ciarv bonds taken hy the Court or in the office.
to be recorded in n book to be kept for the pur-
pose. to he lahrlCd - Record ri Bonds This
statute has not been complied with. There
seems to be no such book in tn" Office. There
is. indeed. n record in which shcriff's bonds ap-
pear to have ncen recorded formerly. but even
this is incomplete.
Your attention is also invited to the pro-
visions of Secs. 50 and 81 of Chap. 80 of the
Code. There seems to have been n very par
tial compliance with the provisions of these
sections by either the Court or the Jerk. whilst
the reports of the Sheriff. when approved or
corrected by the Court. have never been : en-
tered in full in the proper order hook of the
Court as required BY Sec. 81. 1t is much to
b. regretted that the accounts kept in the Office
do not. ut any time show clearly. the financial
condition of the County. - far as what may he
termed it, floating debt is concerned. The book
containing the accounts with the Sheriff seems
to be correctly kept. as far as it goes. hut prior
to November 1887. there has been no account
kept of County orders issued. showing the nEm-
Der and amounts of the orders issued from time
to time. those raid and returned. those It'll ont
standing and the like. so that the floating in
dcbtedncsS of the County may. at any time. be
readily ascertaiued. The Deputy Clerk called
our attention to IA hook. begun in November
1887. containing such n list us is above suggest
cd. which if regularly kent. will in time correct
tn IA great extent. the defect above referred tn
In this connection. vour committee would call
vOur attention to the incOmnlete manncr in
which the County orders. paid Inv the Sheriff
and returned to the Court. are cancelled They
suggest that such cancellation he done nv cut-
ting. so as not to render them iilegible. or by a
stamp which would print the word cancelled"
across the face of the order. For the law on
this point the Court is referred TO Sec. 81 of
Chap. 90 above cited.
Respectfully submitted.
SAN'L HOWELL.
JOSEPH TRAPSELL.
Committee.