certainment of facts, before rendering and costly. It is requisite only where their verdict. Charleston, etc., Bridge Co. v. Comstock, 36 W. Va. 263, 15 S. E. 69. C. DISCRETION OF COURT. A motion for a view is peculiarly within the discretion of the trial court. Gunn v. Ohio River R. Co., 36 W. Va. By § 30, ch. 116, W. Va. Code, 1891, "the jury may in any case, at the request of either party be taken to view the premises or the place in question, or any property, matter, or thing relating to the controversy between the parties, when it shall appear to the court that such view is necessary to a just decision." If a motion under this section is made it is peculiarly within the discretion of the trial court, and, before a ruling thereon will be disturbed, it must be made clearly manifest that such view is necessary to a just decision, that it is practicable, and that request therefor was denied, to the probable injury of the party applying. Gunn . Ohio River R. Co., 36 W. Va. 165, 14 S. E. 465; Gunn v. Ohio River R. Co., 37 W. Va. 421, 16 S. E. 628. other evidence is inadequate to fairly present the case to the jury. Davis v. American Tel., etc., Co., 53 W. Va. 616, 618, 45 S. E. 926; Gunn v. Ohio River Co., 36 W. Va. 165, 14 S. E. 465. a part of the In an action by a contractor on a railroad against the company for work and labor, the plaintiffs having offered evidence tending to show that certain excavation which was work in controversy, was of solid rock and the defendant having offered evidence tending to show the contrary; the defendant moved the court to have the jury taken to view the premises, they being about thirty miles off on the line of the road, and offered to send the jury on the train of the company, and defray the expenses. court having overruled the motion, the appellate court can not say the court below erred, unless it appears from the record that a view was necessary to a just decision; and that does not appear. Baltimore, etc., R. Co. v. Polly, 14 Gratt. 447. E. OBJECT OF VIEW. The SO "The object of such view must be to acquaint the jury with the situation of the premises, and the location of the property, so that they may better understand the evidence, and apply it to the local surroundings of the case." Fox v. Baltimore, etc., R. Co., 34 W. Va. 466, 12 S. E. 757. F. PRESUMPTION AS TO AL- At Common Law. "There is conflict of authority whether the court may, at common law, in its discretion, permit the jury to visit and view the premises where it is alleged a crime was committed, not for the purpose of furnishing evidence upon which a ver"But if there was a view, it is condict is to be founded, but for the pur-clusively presumed here, in the absence pose of enabling the jury better to of anything appearing in the record understand and apply the evidenco to the contrary, that either the state or which is given in court. 9 Amer. & the prisoner requested it." State v Eng. Ency. L. 725; 22 Ency. Pl. & Pr. Henry, 51 W. Va. 283, 41 S. E. 439. 1038, and authorities cited. But in our opinion, the matter is controlled in this state by statute." Litton v. Com., 101 Va. 833, 44 S. E. 923. D. NECESSITY OF VIEW. "The presumption that the proceedings of the court were regular, when error is not affirmatively shown, by bill of exception or otherwise, except as to those things which are held to be essential to a legal conviction, such as indictment, pleading, impaneling of a jury, the oath of the jury, trial by jury, proper under the decisions of this verdict and judgment, is conclusive on court. 'When the jury have been propthe question of the proper allowance of | erly permitted to review the premises the view. This question is fully dis- in dispute, it is not improper to refuse cussed in State v. Beatty (decided at a request which requires the court to this term of court) 51 W. Va. 232, 41 instruct the jury that they are not to S. E. 434. See also, Shrewsbury v. take into consideration anything they Miller, 10 W. Va. 115; Richardson v. saw or any impression they received at Donehoo, 16 W. Va. 685, 687 (syl., the view of the premises, in determinpoint 14); Griffith v. Corrothers, 42 W. ing the rights of the parties to this Va. 59, 24 S. E. 569." State v. Henry, suit. Fox v. Baltimore, etc., R. Co., 51 W. Va. 283, 14 S. E. 439. 34 W. Va. 466, 12 S. E. 757." State G. INSTRUCTIONS AS TO PUR- v. Henry, 51 W. Va. 283, 300, 41 S. POSES AND USE OF VIEW. When a view of the premises is taken the court is not bound to instruct the jury that they should not consider as evidence any of the objects or locations pointed out to them upon the grounds. State v. Henry, 51 W. Va. 283, 41 S. E. 439. "As to the duty of the court to instruct the jury upon its own motion that they should not take into consideration as evidence anything they saw while at the premises, the same rule applies; for it is presumed that if it was the duty of the court to give such instruction, that duty was performed. This is the position taken by this court in the case of State v. Beatty, 51 W. Va. 232, 41 S. E. 434, in reference to the question whether it is the duty of the court, upon its own motion, to instruct the jury in a trial on an indictment for murder that, if they find the defendant guilty of murder in the first degree, they may recommend imprisonment. It is further held in that case that the court is not bound to give such instruction upon its own motion, for the right to such instruction does not belong to that class of rights which are guarantied to the citizen by the constitution. So in this case. Neither the constitution nor the statute directs the giving of such instruction, nor forbids a conviction without it. Moreover, such an instruction is not E. 439. re * * "The modification of the fourteenth, H. DENIAL OF VIEW AS CON- The refusal of an allowance of a view by a jury will not be ground of reversal unless it is clearly manifest that a view was necessary to a just verdict, and that its refusal operated to the injury of the party asking it. Davis v. American Tel., etc., Co., 53. W. Va. 616, 45 S. E. 926; Gunn v. Ohio River R. Co., 36 W. Va. 165, 14 S. E. 465. See the title JURY. Jus Accrescendi. See the title JOINT TENANTS AND TENANTS IN COMMON, vol. 8, p. 89. JUS DISPONENDI.-Jus disponendi means the right of disposition. Baer v. Wilkinson, 35 W. Va. 422, 14 S. E. 3. See also, Geiger v. Blackley, 36 Va. 328, 330, 10 S. E. 43. JUST CAUSE.-In Claiborne v. Chesapeake, etc., R. Co., 46 W. Va. 363, 371, 33 S. E. 262, 265, it is said: "The plaintiff's first instruction uses the words just cause for 'probable cause' and it is to that extent erroneous, for, while 'probable cause' is just cause, just cause may be and is something else; and hence is misleading, so far as the jury is concerned, for it may be taken to mean full or complete cause, such as would secure the criminal conviction of the defendant." Just cause in the sense of sufficient reasonable cause, see Claflin v. Steenback, 18 Gratt. 842, 850. JUST COMPENSATION.—In Stewart v. Ohio River R. Co., 38 W. Va. 438, 18 S. E. 604, 609, it is said: "And just compensation is that which makes him whole, and, in respect to general benefits or damages resulting from the road, leaves him in as good a situation as his neighbor, no part of whose property has been taken. Lewis Em. Dom., § 471, p. 607. See Cooley, Const. Lim. 567." See also, Norfolk, etc., R. Co. v. Nighbert, 46 W. Va. 202, 32 S. E. 1032. And see the title EMINENT DOMAIN, vol. 5, p. 88. JUST DEBTS.-See the titles EXECUTORS AND ADMINISTRATORS, vol. 5, p. 572; MARSHALING ASSETS AND SECURITIES; WILLS. And see Trent v. Trent, Gilmer 174; Downman v. Rust, 6 Rand. 587; Clarke v. Buck, 1 Leigh 487; Thompsons v. Meeks, 7 Leigh 419, 429. JUSTICES OF THE PEACE. I. Definitions and Nature of Office, 70. II. Appointment and Oath, 71. III. Powers and Duties, 71. IV. Liabilities, 71. V. Jurisdiction, 72. A. In General, 72. B. In Civil Cases, 72. 1. Territorial Jurisdiction, 72. 2. Jurisdiction of the Person-Manner of Obtaining Jurisdiction, 73. 3. Amount in Controversy as Determining Jurisdiction, 73. a. In General, 73. b. How Determined, 74. 4. Jurisdiction Sought 75. as Dependant on the Subject Matter or Relie 68 889 a. Actions Ex Contractu, 75. b. Actions Ex Delicto, 75. (1) Penalties and Forfeitures, 75. (2) Recovery of Money Lost at Gaming, 75. c. Actions against Public Officers, 75. d. Suits against Corporations, 76. e. Actions Involving Titles to Land, 76. C. Criminal Prosecutions, 77. 1. In General, 77. 2. Offenses Cognizable, 77. a. Petit Larceny, 77 b. Violation of the Sabbath, 77. c. Presentment against Master for Suffering Slave to Hire Him self, 78. D. Restraint of Illegal Exercise of Jurisdiction, 78. VI. Procedure, 78. A. Commencement of Suit, 78. 1. By Summons, 78. 2. By Attachment, 79. 3. Examination and Commitment in Criminal Cases, 80. B. Pleadings, 80. 1. Necessity for Filing Pleadings, 80. a. In General, 80. b. Plea or Answer, 80. 2. Number and Character of Pleadings, 81. 3. Joinder of Counts, 81. C. Continuances, 82. D. Verdict and Judgment, 82. 1. Rendition of Judgment, 82. 2. Entry, 82. 3. Validity of Judgment, 83. a. Conditions Essential to Valid Judgment, 83. b. What Judgment Must Show, 83. c. Judgment Rendered by Two Justices, 83. d. Judgments against Married Woman, 83. e. Collateral Attack, 83. 4. Action on Judgment, 84. 5. Transcript of Judgment, 84. 6. Execution, 84. E. New Trials, 85. VII. Daket, 85. VIL Review of Proceedings, 85. A. Appeal and Error, 85. 1. Allowance of Appeal, 85. a. Right to Appeal, 85. b. Mandanus to Compel Allowance, 86. c. Duty of Justice on Allowance of Appeal, 86. 2. Jurisdiction, 86. 3. Grounds of Reversal, 87. 4. Bonds, 87. B. Certiorari, 87. IX. Disqualification and Removal, 87. X. Proceedings against, 89. CROSS REFERENCES. See the titles ABATEMENT, REVIVAL AND SURVIVAL, vol. 1, p. 2; AFFIDAVITS, vol. 1, p. 227; AMENDMENTS, vol. 1, p. 321; APPEAL AND ERROR, vol. 1, p. 654; APPEARANCES, vol. 1 p. 677; ASSAULT AND BATTERY, vol. 1, p. 732; ATTACHMENT AND GARNISHMENT, vol. 2, p. 70; AUTREFOIS, ACQUIT AND CONVICT, vol. 2, p. 181; BAIL AND RECOGNIZANCE, vol. 2, p. 213; BASTARDY, vol. 2, p. 339; BILL OF PARTICULARS, vol. 2, p. 376; BILL OF REVIEW, vol. 2, p. 394; BONDS, vol. 2, p 507; BRIBERY, vol. 2, p. 622; BRIDGES, vol. 2, p. 625; CERTIORARI, vol. 2, p. 759; COMMITMENTS AND PRELIMINARY EXAMINATION OF ACCUSED, vol. 3, p. 14; COMPROMISE, vol. 3, p. 37; CONFESSION OF JUDGMENTS, vol. 3, p. 64; CONTINUANCES, vol. 3, p. 270; CORONERS, vol. 3, p. 508; COSTS, vol. 3, p. 605; CRIMINAL LAW, vol. 4, p. 1; DEMURRERS, vol. 4, p. 465; DEPOSITIONS, vol. 4, p. 549; DISMISSAL, DISCONTINUANCE AND NONSUIT, vol. 4, pp. 693, 713; ELECTIONS, vol. 5. p. 5; EVIDENCE, vol. 5, p. 295; EXCEPTIONS, BILL OF, vol. 5, p. 357; EXECUTIONS, vol. 5, p. 416; EXECUTIONS AGAINST THE BODY AND ARREST IN CIVIL CASES, vol. 5, p. 474; FALSE IMPRISONMENT, vol. 5, p. 816; FERRIES, vol. 6, p. 29; FINES AND COSTS IN CRIMINAL CASES, vol. 6, p. 40; FORCIBLE ENTRY AND DETAINER, vol. 6, pp. 181, 185; FOREIGN CORPORATIONS, vol. 6, p. 203; FORMER ADJUDICATION OR RES ADJUDICATA, vol. 6, p. 261; GAMBLING CONTRACTS, vol. 6, p. 686; GAMING, vol. 6, p. 698; HABEAS CORPUS, vol. 7, p. 1; JURISDICTION, vol. 8, p. 842; JURY, ante, p. 1; SERVICE OF PROCESS; SUMMONS AND PROCESS. A the discretionary power of a justice to administer or refuse to administer the oath of insolvency to an insolvent, see the title BANKRUPTCY AND INSOLVENCY, vol. 2, p. 250. As to the jury in a justice's court and all questions appertaining thereto, see the title JURY, ante, p. 1. As to when the judgment of a justice of the peace becomes a lien on real estate, see the title JUDGMENTS AND DECREES, vol. 8, p. 161. I. Definitions and Nature of American law, with subordinate judicial powers in pais, including the preservation of the peace. The mode of their appointment, the tenure of their office, the precise nature and extent of their official functions, both judicial and ministerial, even their appellative A justice of the peace is a judicial officer of an inferior local court, with jurisdiction in civil cases when small amounts are involved, and in criminal cases of misdemeanors and petty designation, must, of course, in the crimes. 18 Am. & Eng. Ency. Law (2d Ed.) 8. Subordinate Judicial Officials.-"Justices of the peace are a class of official persons known to the English and several states and territories of the union, be governed by the municipal laws there prevailing; and are circumstances not regarded by our statute. It is enough, if the general scope and |