The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1916-01-09
County Courts
From Haymond's History of
Harrison County

The institution OF the county courts
originated in Virginia rs early as
162S-24, and as 1t is the most ancient,
80 1t has ever been one Of the most
important of our institutions, not only
in respect to the administration OF
Justice, but for police and fiscal af-
fairs. They were first called monthly
courts, and at first only two OF them
were established, and their jurisdic-
ton jealously limited to the most petty
controversies, reserving the right OF
appeal for the party cast to the gov
ernor and council, who were the
judges OF what were then called the
quarter courts.
In 1642-43 the style Of monthly
courts was changed to that OF county
courts, the colonial assembly having
previously begun, and continuing
thence forward to enlarge their du-
ties, powers and jurisdiction, and to
z extend the system TO every county as
1t was laid Off.
AS early as 1915 they had been ma
tured into courts OF general jurisdic-
tion in law and equity, and the most
important matters Of police and fiscal
affairs were contided to them.
Previous to 1862. the judges of the
county courts had been styled COM
missioners Of the monthly courts and
afterwards commissioners of the coun-
ty courts; but at that time 1t was
enacted that they should take the oath
of a justice OF the peace, and be
called justices OF the peace.
These tribunals now assumed per-
fectly regular form; and their func-
tons have ever since been so import
ant, that their institution may well be
considered as part of the constitu-
ton both of the colonial and present
form Of government. No material
change was introduced by the war Of
the revolution in their Jurisdiction or
general powers and duties Of any kind.
Up to the time Of the adoption Of
the constitution OF 1852 the justices
composing the county court were ap-
pointed by the governor for life, upon
the recommendation Of the members
Of the court, thus making that body
self continuous. They also recon-
mended a candidate to the governor
for appointment OF sheriff, surveyor
and militia officers and appointed
their clerk, assessors and constables.
The only local officers elected by
the people were members Of the legis-
lature and overseers Of the poor.
BY the constitution adopted in 1852
the justices were made elected by the
people for short terms, as were also
the sheriff and other county officers,
but in other particulars the system
underwent no change.
When West Virginia was created the
system was changed to board OF
supervisors for each county, which
discharged the same duties as the old
county court, except 1t was shorn Of
its powers as court Of law and equity
jurisdiction, each county district
elected one member.
The constitution Of 1872 abolished
the board Of supervisors and we now
have county court that still dis
charges the important duties of all
matters concerning county affairs, but
has no law and equity Jurisdiction.
For twenty-five years after the or
ganization of Harrison county the
county court was the only one held
in the county, and it was a tribunal
Of the greatest importance to the pub
lie, and contributed much towards the
settlement of the county.
1t was the medium through which
small disputes were settled and
/. breaches of the peace were tried, roads
laid out, mills established, bridges
built, licenses granted, taxes levied
and collected. deeds, will and mar
riages recorded, and all things con-
: Quoted that entered into the home life
of the settlers, and tended to estab-
lish law and order and organize self
government.
Z While the territory including Fort
Z Pitt and south of it was in dispute be-
tween Virginia and Pennsylvania,
Lord Dunmore. the governor OF the
former colony issued new commits
sion Of the peace and adjourned the
court Of Augusta county from Staun-
ton to Fort Pitt and called it Fort
Dunmore, and court was held there at
intervals in the years ITS and l776
but the jurisdiction Of this court does
not appear to have extended to the
territory now comprising West Vir-
glnia.
in May, 1875, the Richmond conven-
ton passed an ordinance providing
that the justices residing in the dis
trict Of West Augusta upon taking the
oath Of allegiance to Virginia should
have the power and authority to hold
a court within the said district on
the third Tuesday in every month al
such place as they may appoint in the