Imágenes de páginas
PDF
EPUB

the official bond may be dispensed with, or the penalty vacancy filled; thereof reduced as provided in those sections.

Copies to be sent to Auditor.

may be dispensed with, &c.

sheriff, assessor,

county court,

court of appeals,

18. A copy of the official bond of every sheriff, assessor, Copy of bond of clerk of the circuit court, clerk of the county court, or clerk circuit other tribunal established in lieu thereof, clerk of the su- court, clerk preme court of appeals, and notary public, shall be sent to clerk supreme the auditor by the officer in whose office the original is and notary pubfiled, within two months after the same is filed in his office. lic; must be sent If the officer whose duty it is so to send any such copy, fail Penalty for failto do so within the time specified, he shall forfeit fifty ure. dollars.

Record of Bonds.

to auditor.

cial bonds;

19. Every official bond given as aforesaid, every bond Record of offtaken in judicial, proceedings, as aforesaid, (except bonds where recorded. taken in proceedings before justices), and every bond executed by any person acting in a fiduciary capacity, including bonds given by commissioners and special commissioners upon the sale of property, shall be recorded by the officer in whose office the same is filed as aforesaid, in a book to be kept by him for that purpose, labeled "Record of Bonds."

New Bond may be Required.

tional bonds;

How approved

Office vacated if not given.

20. The court, board or officer by whom any official New and addi bond is required by law to be approved, or the successor when and how of any such officer, may at any time require from any required. officer by whom such bond may have been given, a new bond, or an additional bond to that already given, to be approved by such court, board or officer, or the successor of such officer. If the officer so required to give a new bond, or to give such additional bond, shall, after being notified of the requirement, fail to comply therewith within the time required, his office shall be deemed vacant, unless the time for giving such new or additional bond be extended or the requirement withdrawn. In case such additional bond be given, the former bond shall remain in When former force and have the same effect in all respects as if such in force. additional bond had not been required; but in such case the sureties in the additional bond shall be jointly liable Liabilities of with those in the former bond for any default of their principal occurring after the approval of such additional bond. This section shall apply to any officer elected on the twelfth day of October, one thousand eight hundred and eighty, who gave bond and qualified before the late county court before the first day of January, one thousand eight hundred and eighty-one, where for any cause the bond so given is deficient, or the security therein insufficient. And the bonds of all such officers heretofore

bond to remain

sureties.

To whom law

applies.

legalized.

Bonds and acts given, and the action of the county court in approving the same, are hereby legalized and made valid in all cases where such new bond is not required by the county court. Relief of Surety on Petition.

such cases.

Relief of surety 21. When a surety in an official bond or his personal in official bond; proceedings in representative shall have reason to believe that he, or the estate of his decedent, is likely to suffer pecuniary loss in consequence of such suretyship, he may file his petition. before the court, board or officer by whom such bond was approved, to be relieved therefrom. The petition shall state the ground upon which his belief is founded, and shall be verified by his affidavit. Upon the filing of such petition and proof that a notice of the time and place of filing the same has been served upon the principal in such bond at least ten days before the filing thereof, such court, Failure of offi- board or officer shall require a new bond to be given. And bond if required if any officer, being so required, fail to give a new bond within the time required, his office shall be deemed vacant, unless the time for giving such new bond be extended or the requirement be withdrawn.

cer to give new

Penalty, &c.

New bond;

effect thereof when given.

Bonds hereto

Effect of new Bond when given and Approved.

22. Upon new bond being given, approved or filed, according to law, in the cases specified in the last two sections, the sureties in the former bond and their estates shall be discharged from all liability for any breach of duty committed by such officer after that time.

Validity of Certain Bonds.

23. Every bond heretofore given shall be valid though fore given; when it fail to conform to the provisions of this chapter, if there be no other lawful objections thereto.

valid.

Justice of the

bond and secur

Justice to Give Bond or Vacate his Office.

24. Every justice of the peace elected on the twelfth day peace shall give of October, one thousand eight hundred and eighty, shall within sixty days after this chapter as amended takes effeet, give the bond and security required by this chapter, and his failure to do so shall vacate his office.

ity. Failure to; vacates his office.

Inconsistent

acts repealed.

Acts Repealed.

25. All acts and parts of acts coming within the purview of this chapter as amended, and inconsistent therewith, are hereby repealed.

Approved February 17, 1881.]

[NOTE BY THE CLERK OF THE HOUSE of Delegates]

The foregoing act takes effect from its passage, twothirds of the members elected to cach House, by a vote taken by yeas and nays, having so directed.

CHAPTER V.

AN ACT amending and re-enacting chapter thirty-nine of the Code of West Virginia, formerly concerning boards of supervisors, but hereafter concerning the county courts, their jurisdiction and power.

[Passed February 11, 1881.]

Be it enacted by the Legislature of West Virginia:

1. That chapter thirty-nine of the Code of West Virginia Code amended. be and the same is hereby amended and re-enacted so as to read as follows:

CHAPTER XXXIX.

CONCERNING THE COUNTY COURTS; THEIR JURISDICTION AND

POWERS.

The Court a Corporation.

,, corporation.

1. The county court of every county shall be a corpora- County court a tion by the name of "The county court of county," Corporate name. by which name it may sue and be sued, plead and be Jurisdiction and impleaded, and contract and be contracted with.

Court; By Whom Constituted; Quorum.

powers.

the court.

2. The county court of every county shall consist of who constitute three commissioners, as provided for in the eighth article of the Constitution of the State, as amended, any two of whom shall constitute a quorum for the transaction of Quorum. business.

President of the Court.

3. The said court shall annually at its first session in President of each year, or as soon thereafter as practicable, elect one court; when of their number as president of the court.

They Succeed to the Former Rights and Liabilities of their

County.

elected.

vested in court

4. The real and personal estate, rights, interests and Property; privileges in relation to real or personal estate, claims and rights, etc., rights of action heretofore belonging to any county, or held in trust for, or for the use of such county or its inhabitants, are hereby transferred to and vested in the county court thereof as such corporation. All contracts Contracts and heretofore made with any county, or liabilities incurred liabilities of by such county, shall be good against the county court there- against county of as such corporation, so far as they are good against the county, when this chapter as amended takes effect.

county; good

court, etc.

Process against

county; how

served.

Sessions of

court; regular

and special,

held.

sessions.

Process Against said Court; How Served.

5. Process against the said county courts may be served on the president thereof, or if there be no president, then on the clerk, and if there be no clerk, then on the prosecuting attorney of the county.

Sessions of said Court.

6. The county court of each county shall hold four regular sessions in each year at the court house thereof, at when and where such times as may be fixed upon and entered of record by said court. It may also hold special sessions, whenever Notice of special the public interests may require it, to be called by the president, with the concurrence of at least one other of said commissioners; and the commissioner, if any, not concurring therein, must have at least twenty-four hours' notice of the time appointed for such special session. A notice. of the time of such special session, and of the purpose for which it will be held, shall be posted by the clerk of said court, at the front door of the court house of the county, at least two days before said session is to be held.

How given and what to state.

Penalty on com

Penalty on Commissioner Wilfully Failing to Attend such
Session.

7. If any commissioner, after due notice thereof, shall missioner for wilfully fail to attend such special session, he shall forfeit special sessions. not less than five nor more than twenty dollars.

failure to attend

Compensation of Commissioners.

Compensation 8. Each commissioner who attends the session of said of commissioner court, shall receive for his services two dollars per day for every day he shall so attend, to be paid out of the county treasury.

How paid.

Jurisdiction

under the Con

other papers.

probate, persontives, etc.

Jurisdiction and Powers of the County Courts under the Con

stitution.

9. The county courts, through their clerks, shall have and powers the custody of all deeds and other papers presented for stitution. record in their counties, and the same shall be preserved As to deeds and therein, or otherwise disposed of as now is, or may be prescribed by law. They shall have jurisdiction in all As to matters of matters of probate, the appointment and qualification of al representa personal representatives, guardians, committees, curators, and the settlement of their accounts, and in all matters relating to apprentices. They shall also, under such regulations as now are or may be prescribed by law, have the Jurisdiction as superintendence and administration of the internal police and fiscal affairs of their counties, including the establishment and regulation of roads, ways, bridges, public landings, ferries and mills, with authority to lay and disburse the county levies. Provided, That no license for the sale

to internal police, flscal affairs, etc.

license for

uors.

contest.

of intoxicating liquors in any incorporated city, town or Provision as to village, or within one mile of the corporate limits thereof, the sale of in(unless it be within another incorporated city, town or toxicating liqvillage,) shall be granted without the consent of the municipal authorities thereof first had and obtained. They shall, in all cases of contest, judge of the election, qualifi- As to cases of cation and returns of their own members, and of all county and district officers, subject to appeal as hereinafter provided. Such tribunals as have been heretofore established Tribunals estabby the Legislature under and by virtue of the thirty-sec. 34, art. 8, fourth section of the eighth article of the Constitution of constitution of one thousand eight hundred and seventy-two, for police and fiscal purand fiscal purposes, shall, until otherwise provided poses, to remain by law, remain and continue as at present constituted in constituted, etc. the counties in which they have been respectively established, and shall be and act as to police and fiscal matters in lieu of the county court herein mentioned, until other

lished under

1872, for police

as at present

wise provided by law. And until otherwise provided by Clerk of court;

His powers, duties, etc.

law, such clerk as is mentioned in the thirty-sixth section of who to act. the eighth article of the Constitution as amended, shall exercise any powers and discharge any duties heretofore conferred on, or required of any court or tribunal established for judicial purposes under the said article and section of the Constitution of one thousand eight hundred and seventy-two, or the clerk of such court or tribunal respectively, respecting the recording and preservation of deeds and other papers presented for record, matters of probate, the appointment and qualification of personal representatives, guardians, committees, curators, and the settlement of their. accounts, and in all matters relating to apprentices.

Certain Actions, &c., to be Transferred to Circuit Court.

transmitted to

court.

duties of such

etc.

10. All actions, suits and proceedings not embraced in Certain actions, the next preceding section, pending in a county court when suits, etc to be article eight of the Constitution, as amended, took effect, clerk of circuit together with the records and papers pertaining thereto, as well as all records and papers pertaining to such actions, suits and proceedings as have been disposed of by said courts, shall be transmitted to and filed with the clerk Powers and of the circuit court of the county, and said clerk shall clerk as to such have the same power, and shall perform the same duties in records, papers, relation to such records, papers and proceedings as were vested in and required of the clerk of the county court, on the day before said article took effect. All such ac- Actions pendtions, suits and proceedings so pending, as aforesaid, shall se intres be docketed, proceeded in, tried, heard and determined in etc. all respects by the circuit court, as if said suits and proceedings had originated in said court. And it shall be the Duty of clerk of duty of the clerk of the county court of each county, as county court as soon as possible after the passage of this chapter, to trans- etc, records, mit all such actions, suits and proceedings, together with

ing; how pro

to such actions,

etc.

« AnteriorContinuar »