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Copies of all papers, orders etc, transferred; how

made out and certitied.

Effect thereof.

Copies of orders, etc. in record books, transferred to clerk circuit cour; how made out and certified.

Effect thercof.

such records and papers, to the clerk of the circuit court of such county, who shall receive and file the same in his office.

Clerk of Circuit Court to Certify such Records, &c.

11. Copies of all papers, orders and proceedings in any such actions and suits so transferred, as aforesaid, may be made out and certified by the clerk of the circuit court to which the same shall be transferred, which copies shall have the same force and effect as if made by the clerk of the county court while the same were pending in said

court.

Copies of other Orders and Proceedings in the Record Books Transmitted to the Clerks of the Circuit Courts; by Whom to be Certified.

12. A copy of any order or other entry in the record books transferred to the clerk of the circuit court under the provisions of section ten of this chapter, relating to matters of which the county court now has jurisdiction, may be made out and certified either by the clerk of the circuit court or the clerk of the county court, and the orders and entries so certified shall have the same force and effect as if they had been certified by the clerk of the county court before the twelfth day of October, one thousand eight hundred and eighty. And the county court of cause proceed every county may, in its discretion, cause all or any of ings of former the proceedings of the former county courts contained in the record books so transferred to the offices of the clerks of circuit courts, relating to matters now within the jurisdiction of such county court, to be copied by its clerk. into one or more books to be kept by said clerk in his office, as other records are kept therein; and copies taken and certified from said book shall have the same force and effect as if taken from the original record.

Court may

courts trans-
ferred to be
copied.
How.

Effect of certified copies thereof.

Contempts;

power to punish.

Penalty.

Court house, jail

and clerk's office; court to provide.

Power to Punish for Contempts.

13. The county court of every county shall have the same power to punish for contempts as is conferred upon circuit courts by the twenty-seventh section of chapter one hundred forty-seven of the Cole; but the penalty imposed for such contempts shall not exceed fifty dollars for any one offense.

Court House, Jail and Clerk's Offices.

14. The county court of every county, at the expense of the county, shall provide at the county seat thereof, a suitable court house and jail, together with convenient offices for the clerks of the circuit and county courts, and shall

To keep samein

repair, furnish

etc.

secured.

keep the same in constant and adequate repair, and supplied with the necessary furniture, books, stationery, ed, etc. fuel, and such other things as shall be necessary. The of fices of the clerks of the circuit and county courts shall be Clerk's office to fire proof, or be furnished with fire proof vaults or safes. be fire proof, The jail shall be well secured, and sufficient for the con- Jail; how convenient accommodation of those who may be confined structed and therein, and so that the convicts may be in apartments separate from each other, and from the other prisoners; every apartment shall be so constructed that it can be kept comfortable. The said court may also provide other Other necessary necessary offices and buildings, and may, by purchase or offices, etc., otherwise, acquire so much land as may be requisite or vided, etc. desirable for county purposes, and may suitably enclose, improve and embellish the land so acquired.

Relocation of County Seat.

may be pro

location of; how provided for.

petition signed;

sign and how

taken.

15. Whenever the citizens of any county desire the re- County seat; relocation of their county seat, they may file their petition for such relocation at a place to be named therein, at any regular session of the county court of such county in any year in which a general election is to be held in such county. But such petition shall not be filed at a session of said court when petition held within sixty days next preceding such election. not to be filed. None but legal voters of the county shall sign said petition, who may petiand an affidavit shall be appended thereto that the sub- tion. scribers to said petition are, as the affiant verily believes, legal voters of the said county. Upon the filing of such Duty of Court petition, signed by one-fifth at least of all the legal voters upon filing of of the county, to be estimated by allowing one vote for how many to every six persons in such county, as shown by the last estimated. preceding census, said court shall make an order that a vote be taken at the next general election to be held in When vote said county, upon the question of such relocation at the place named in said petition. The clerk of said court shall, upon the adjournment of the court, make out and certify as many copies of the order as there are voting places in the county, and deliver the same to the sheriff thereof, whose duty it shall be to post one of said copies, be given; duty or cause it to be done, at each of said places of voting, at of clerk of court least forty days before the day of such election; and if a to. newspaper is printed in such county, the court shall cause a copy of said order to be published therein at least once in each week for four successive weeks prior to said election. If three-fifths of all the votes cast at said election Three-fifth reupon the question be in favor of the proposed re-location, quired to rethe said county court shall enter an order declaring the place named in said petition to be the county seat of the county from and after that day; and the said court shall, Duty of court i as soon thereafter as practicable, cause all the records, ried. books, papers and office property pertaining to the offices Removal of of the clerks of the county and circuit courts to be re

4 Acts.

Notice of vote to

and sheriff as

locate.

re-location car

records, etc.

Ballots.

What to be

written or

For what ballot

ed.

Vote; how

taken, etc.

of elections; duties of.

When clerk to

lay certificates

of result before

moved to said new county seat. The ballots used in voting on the question of such relocation shall be the same as those used in voting for officers to be elected at said election; and shall have written or printed on them printed thereon. the words, "Relocation of county seat at ———," (naming the place," For re-location," or against "Re-location;" but no ballot cast at said election upon such question shall be not to be reject- rejected because all the words above described are not written or printed thereon, if it clearly appear how the voter intended to vote. The said vote shall be taken, superintended, conducted and returned in the same manner and by the same officers as elections for county and State Commissioners officers. But the commissioners of elections of each place of voting shall make out and sign a separate certificate of the result of said vote and deliver the same to the clerk of the county court within the same time they are required by law to deliver the certificates of the result of the election for officers held by them; and said clerk shall lay the same before the county court at its next session thereafter. Court to declare The said court shall thereupon ascertain and declare the result of said vote and enter the same of record. If two or more petitions for such re-location at different places be presented to the county court at the same session, or at first only to be different sessions thereof, the first one so presented shall be, alone, acted upon by the court; and any votes cast at said election for such re-location at any other place than the one named in said first petition, shall not be counted or regarded in ascertaining the result of said vote. In case of such re-location, the county court of the county shall proceed with all possible dispatch to cause the necessary buildings for the use of the county to be erected thereat, and until that is done the courts in said county may, in case of necessity, be held at the former county seat. Such court may receive subscriptions from any person to aid in the erection of such buildings, and all subscriptions made. at any time for that purpose shall be binding on the persons making the same, and may be sued for and recovered in the name of the county court of said county.

court.

result, etc.

Petitions for relocation at different places;

acted on.

Place named in first petition to

be voted for, votes for any other not counted.

Erection of buildings; where court may sit until erection.

From whom aid

may be received

and ow recov

eredh

Conveyances,

ty; construction of.

Conveyances, &c.-to or for a County-Construction of.

16. No words in any devise or conveyance of real estate etc., to a caution to a county, or the county court thereof, or in any contract for the conveyance of real estate to a county or the county court thereof, expressing the purpose for which such real estate is devised, conveyed or sold, or is to be used, shall limit or impair the power of said county court to dispose thereof absolutely or use the same for another purpose, unless it be expressly declared in such instruWhen property revert to former ment that whenever the said real estate shall cease to be used for the purpose or in the manner therein specified, it shall revert to the former owner, his heirs or assigns.

owner.

17. Every devise or conveyance of, or contract to con- Ibid. vey land within the limits of a county, heretofore or hereafter made, in any manner to or in trust for or for the use or benefit of such county, its people or inhabitants, shall have the same effect as if made to the county court of Effect thereof. such county.

Disputed Boundary Lines-How Settled-Compensation to

Surveyors, &c.

between coun

tled.

appointment of.

each county.

Umpire; where

sioners and um

commissioners.

18. Whenever a doubt shall exist, or a dispute arise, Disputed as to the boundary line between any two counties in boundary lines this State, it shall be lawful for the circuit court of the ties; how setCounties interested in such boundary line,, or for the judge thereof in vacation, to appoint from each of said counties Commissioners; three commissioners to ascertain and establish the true line so in dispute. At least two of said commissioners from Number to act. each county, together with the umpire hereinafter mentioned, shall act; and the number from each county to be Number from the same, whether two or three. The said commissioners, before proceeding to execute their duties, shall choose an umpire having no interest in the matter in doubt or dispute, to reside, etc. who shall be a resident of some county in the State other than the counties interested in such line. Said commissioners and umpire, before acting, shall take and subscribe an oath Oath of commisthat they will faithfully, honestly and impartially ascer- pire. tain, to the best of their ability, the true line so in dispute and make true reports of the same. They may cause such Powers and surveying to be done as they may deem necessary, and duties of such nave summoned before them such witnesses as, in their opinion, will aid them in ascertaining such line Before proceeding to ascertain such line they shall employ Surveyor; ema competent surveyor and chain carriers to run the ployment of. same, and with the best evidence they can procure, direct such surveyor where to run and mark the same. When the disputed line shall be ascertained, fixed and marked, they shall cause to be made three plats of the course or courses and distances of said line, and to note particularly thereon such places of notoriety or prominent objects on or near said line, and make such explanatory notes thereon as, in the opinion of a majority of the commissioners, will best designate the line. Said plats shall each be signed by the umpire and the commis- and disposition sioners, or a majority of them; and they shall return one to the clerk of the county court of each county, to be recorded in his office, and transmit the remaining one to the secretary of state; and the said report and plats, certified by the secretary of state, or by either Their effect as clerk of said counties, shall be evidence of said line. evidence. The county court of each county shall pay their own Duty of court as commissioners and clerks, and shall pay one-half of the top of

His duties.

P.ats; signing

of.

missioners, sur.

veyor, umpire, compensation of the umpire, surveyor, chain-carriers and witnesses.

etc.

District lines.

How consoli

dated.

District Lines-Formation of New Districts.

19. Whenever the county court of a county shall deem it advisable to change the boundary line between two or How changed. more districts, or to establish a new district out of another New districts; or two or more districts, or to consolidate two or more exhow established. isting districts into one, it may make such change, establishment or consolidation, by an order entered of record. And if a survey be deemed necessary, may employ the Surveyor may surveyor of lands for the county, or any other competent surveyor, who shall survey and make a plat of the several districts as the same are thus altered, on which the new lines shall be plainly delineated, noting particularly such places of notoriety or prominent objects through or by His plats, etc., which such lines pass, and return said plat and description to such court; and the same shall be filed in the clerk's office of such court and recorded by the clerk.

be employed

His duty.

to be returned

to court. Where filed.

Condemnation of land for county purposes; how.

Interest in cer

vested in counties.

.

Condemnation of Land for County Purposes.

20. When the title to land for county purposes cannot be otherwise obtained on satisfactory terms, the county court of a county may order application to be made to the circuit court of the county in the manner prescribed by law for the condemnation of the land requisite for any county building or purpose.

Interest in Certain Roads, &c., Vested in Counties.

21. The interest which belonged to the State on the first tain roads, etc, day of July, one thousand eight hundred and sixty-eight, (whether as owner, or one of the several owners, or a shareholder or stockholder) in any road (including turnpikes and plank roads), bridge or public landing lying wholly or in part within the limits of a county, is transferred to and shall continue vested in such county so far as such road, bridge or public landing is within the said county; together with all the rights and powers of the State pertaining thereto as such owner, or one of several owners, or as a shareholder or stockholder. But this secroads, etc., ex- tion and the following one shall not apply to any railroad or canal, lock, dam, slackwater, or other improvement of a river or a navigable stream or to the suspension bridges across Monongahela river at Fairmont and Morgantown, or to the Cumberland road, or to Maryland and Virginia Bridge Company, or to any bridge, toll-house or other property of that part of said last mentioned road. Interest of Shareholders, &c., in certain Roads, Bridges and Landings-How acquired by County.

Certain rail-, roads, canals,

cepted.

22. A county may acquire, by agreement, condemnution,

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