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of delegates, until a new apportionment of representation therein shall be made, as provided by the constitution and laws of this state.

Process issued in Logan county, dues,

residents of

8. All process issued in the said county of Logan

before the organization of said new county, and all pubetc., owed by lic dues and oflicers' fees which may remain unpaid by Mingo county, citizens of said new county, shall be executed and reand collected. turned, collected and accounted for, by the sherifi or

other officer in whose hands the same may have been placed, in the same manner as if this act bad not been

passed.

Courts of Lo

tion over certain causes,

9. The courts of said county of Logan shall retain retain jurisdic- jurisdiction over all actions, suits and proceedings there

in pending at the passage of this act, and shall try and except, when. determine the same, and award execution and other pro

cess thereon, except in cases in which the plaintiff and one or more of the defendants reside or do business in said new county; which last mentioned cases, together with the papers and a transcript of the record of the proceedings therein bad, shall, after that day, if either party so desires, be transferred to the courts of said new county, and there tried and determined, as other cases brought in said new county.

Terms of circuit court.

10. The terms of the circuit court of said new county shall be held on the second Mondays in January, May, and September.

(1 pproved January 30, 1895.)

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.– The foregoing act takes effect from its passage, twothirds of the members elected to each house, by a vote taken by yeas and nays, having so directed.]

(House Bill No. 32.)

CHAPTER 69.

AN ACT to repeal chapter thirty-five of the acts of

eighteen hundred and ninety-three.

[Passed Fcbruary 1, 1895.

county abol

circuit court.

Be it enacted by the Legislature of West Virginia:

1. That chapter thirty-five of the acts eighteen hun- Criminal court dred and ninety-three, creating and establishing a crim- of Wayue inal court of record for the trial of crimes and misde- ished. meanors for the county of Wayne, entitled, “An Act to create a court of limited jurisdiction for the county of Wayne,” be and the same is hereby repealed. 2. All indictments, suits and proceedings pending in Suits, etc.,

pending in, said criminal court mentioned in the preceding section, transferred to when this act takes effect, together with all records, processes and papers pertaining thereto, as well as the records, processes and papers pertaining to all trials, suits and proceedings had in said court, shall be transmitted by the clerk of said court to and filed with the clerk of the circuit court of Wayne county; and all processes outstanding at the time this act goes into effect

Outstanding shall be returned to the office of the clerk of said circuit process of, recourt the same as if such process had originally issued circuit court. therefrom; and said clerk shall have the same power and

duty of clerk of perform the same duties in relation to such records, processes and proceedings as were vested in and required of concerning. the clerk of said criminal court. All indictments, suits and proceedings so pending as aforesaid, shall be docketed, proceeded in, tried and determined in all respects by the circuit court as if the same were found or originated in said circuit court.

WILLIAM SEYMOUR EDWARDS,
Speaker of the House of Delegates.
WM. G. WORLEY,

President of the Senate.

turnable to

Power and

circuit court

STATE OF WEST VIRGINIA,
OFFICE OF SECRETARY OF STATE,

February 28, 1895.
I certify that the foregoing act, having been pre-
sented to the governor for his approval, and not having
been returned by him to the house of the legislature
in which it originated within the time prescribed by the
constitution of this state, has become a law without his
approval.

W. E. CHILTON,

Secretary of State.

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES. - The foregoing act takes effect at the expiration of ninety days after its passage.]

(House Bill No. 86.)

CHAPTER 70.

AN ACT to amend and re-enact section seven of chap

ter eight of the acts of one thousand eight hundred and ninety.

[Passed February 15, 1895.7

Be it enacted by the Legislature of West Virginia:

That section seven of chapter eight of the acts of one thousand eight hundred and ninety be amended and reenacted so as to read as follows:

Kanawha county criminal court; terms of.

7. There shall be held four terms of said court for each year, commencing on the first Tuesday in January, April, July and November.

(Approved February 21, 1895.)

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES. The foregoing act takes effect at the expiration of ninety days after its passage.]

(House Bill No. 229.)

CHAPTER 71.

AN ACT to establish a county court and a board of

commissioners for the county of Marshall, under the twenty-ninth section of the eighth article of the constitution of West Virginia.

(Passed February 22, 1895.)

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Marshall county; division into dis

Be it enacted by the Legislature of West Virginia:

1. The county of Marshall shall be laid off into not tricts; present less than nine districts, as nearly equal as may be in ter

ritory and population. The present division of the said county into districts shall constitute such districts until changed by the county court hereinafter mentioned.

division to remain,

sioners now in

. When commissioners to be

and

The commissioners now in oflice shall remain in office Commisfor the terms for which they were respectively elected; ottice to remain and at the general election to be held on the Tuesday fertil. end or next after the first Monday in November in the year one thousand eight hundred and ninety-six, the qualified elected herevoters of the districts of Union, Webster, Cameron, unicer

under; terms of Liberty, Meade, Clay and Franklin, in said county, shall each elect a commissioner, whose term of office shall commence on the first day of January succeeding their election, and be as follows: Three shall hold their office for the term of six years each, two for the term of four years each, and two for the term of two years each, to be decided by lot; and bi-ennially thereafter, at the general election, the qualified voters of the districts in which vacancies will occur by reason of the expiration of the term of office of the commissioner representing such districts, shall each elect a commissioner for the term of six years to fill the vacancies made by the expiration of the term of oflice of the commissioners previously elected. Every commissioner shall reside in Each commisthe district for which he was elected.

The office of com- in his district.

sioner to reside missioner and justice of the peace shall be deemed in-Ottices of juscompatible. Each commissioner shall receive for his missioner inservices two dollars per day for every day he shall at

compatible.

Compensation. tend the court, and the same mileage as witnesses in civil cases, to be paid out of the county treasury. A va- Vacancies; cancy in the office of commissioner shall be filled by the how filled. county court hereinafter mentioned.

The said commissioners and their successors in office, County court shall constitute a tribunal to be known as “ The County of Marshall Court of Marshall county,” by which name it may sue constituted. and be sued, plead and be impleaded, and contracť and Corporate be contracted with. Such tribunal shall be in lieu of the county court, established by article eight of the constitution as amended, for the transaction of the business required to be performed by the county court created by the said article; and so far as they are not inconsistent herewith, all of the provisions of chapter thirty- What laws to nine of the code of West Virginia, concerning the county court.

to county courts, their jurisdiction and powers, and all provisions of law respecting county courts generally, the commissioners composing such courts, and the clerks of such courts, shall be applicable to the tribunal created by this act and to the commissioners composing the same; and the clerk of the county court of Marshall county, now in office, and his successors, shall be the clerk of the tribunal hereby created. A majority of Quorum. such commissioners shall be a quorum for the transaction of business. The first meeting of the said tribunal First meeting; shall be on the first Tuesday in January, one thousand

.

county: how

In lieu of what.

Clerk of.

when to be held.

Ballots for.

,

eight hundred and ninety-seven, or as soon thereafter as

a majority of them may assemble for that purpose. Election to At the general election in one thousand eight hundred ratify this act; and ninety-six, the question of the adoption of the sys

tem hereby created shall be submitted to the voters of Marshall county voting at such election

Those voting for the said system shall have written or printed on their ballots the words, “For modification of the county court," and those voting against it shall have written or

printed on their ballots the words, “Against modification How election of the county court.” Such election at each place of voting conducted. re- shall be superintended, conducted and returned by the

same officers and in the same manner as the election for members of the legislature is superintended, conducted and returned; and the result at each place of voting shall be certified and returned to the court now in ex

istence for police and fiscal purposes in Marshall county, How result de- Said court shall convene in special session as provided , etc.

in chapter three, section twenty-one, of the code, and the court shall in all respects be governed by the law in

relation to elections by the people (so far as they are apapply. plicable thereto). If a majority of the votes cast upon

a Mujority required to such question are for modification of the county court, ratify.

this act shall be and remain of full force and effect; but if a majority of such votes be not “For the modification of the county court," this act shall be of no further force or effect.

General election law to

(Approved February 22, 1895.)

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.The foregoing act takes effect at the expiration of ninety days after its passage.]

(House Bill No. 238.)

CHAPTER 72.

AN ACT authorizing the county court of Perkeley

county to fund at a lower rate of interest one hundred and five thousand dollars of its bonds.

[Passed February 20, 1895. ]

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