as to orders for be placed by the sheriff on his books to the credit of the Sheriff's duties county court for the support of the poor, if there be funds support of to pay the same, and the sums specified in the said orders, poor, etc. with any other sums standing on his books to the credit of the court for the purpose aforesaid shall be paid by the sheriff only upon orders of the county court, signed by the president and countersigned by the clerk, payable to order and properly endorsed. subject to levy. Remedy against 30. The property belonging to the county court in its Property of corporate capacity, and used for the benefit of the poor of county not the county, shall not be subject to execution or other process; but when a judgment or decree for a sum of money is rendered against it, a copy thereof, certified by the justice by whom, or the clerk of the court by which it was rendered, shall have to all intents and purposes the same effect as an order of the said court upon the sheriff, and when the sheriff has funds in his hands to the credit of the sheriff failing said court, he and his sureties, or any one or more of them, to pay, ●te. and the personal representatives of such of them as are dead, shall be liable in like manner, and to the same extent and effect, for failing to pay the money due on such judgment or decree as for failing to pay a judgment or decree against the county court of the county, according to the thirty-ninth section of chapter thirty-nine of the Code. Fines Imposed by this Chapter. 31. Every fine imposed by this chapter shall be to the Fines for use of county court of the county in which the same was in county court. curred in its corporate capacity. Construction of Certain Words. "county court" 32. The words "county court," when used in this chap- The words ter, shall be construed to mean and include every tribunal and overseer," heretofore established and now existing in any county for how construed. police and fiscal purposes, in lieu of the county court, and the word "overseer, Acts Repealed. 2. All acts and parts of acts coming within the purview of this act, and inconsistent therewith are hereby repealed. [Approved March 9, 1881.] [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. Acts repealed. Chapter 50 of the Code amended and revived. Civil jurisdic tion of justice, to extend throughout county. Justice of one district may CHAPTER VIII. AN ACT to revive, amend and re-enact chapter fifty of the Code of West Virginia, concerning the jurisdiction, powers and duties of justices of the peace and constables, and proceedings before justices. [Passed March 5, 1881.] Be it enacted by the Legislature of West Virginia : 1. That chapter fifty of the Code of West Virginia be and the same is hereby revived, amended and re-enacted so as to read as follows: CHAPTER L. Of the powers, duties and liabilities of justices and constables, and the proceedings in civil suits, and in the trial of offenses of which justices have jurisdiction. Of the Civil Jurisdiction of Justices. 1. The civil jurisdiction of a justice of the peace shall extend throughout the county in which the district is for which he was elected. 2. A justice of one district may issue a summons to the issue summons defendant to appear before the justice of another district in the same county if the suit be cognizable by the latter. returnable before justice of another district. When justice 3. If a justice be under any disability to act in a case of one district before him, any other justice in the same county not dis qualified under the provisions of section fourteen of this chapter, may exercise the powers of a justice in such case. may act in another. Justice may administer oaths, etc., in his county. Acknowledgment of deeds may be taken by justice. Certain pre edgments legalized. 4. Where any oath may lawfully be administered, or affidavit or deposition taken within any county, it may be done by a justice therein, unless otherwise expressly provided by law. 5. A justice under such regulations as are prescribed by law may take within his county the acknowledgment of deeds and other writings, and the privy examination of married women respecting the same. 6. Where the acknowledgment of any deed or other vious acknowl- writing, or the privy examination of a married woman respecting the same has been heretofore taken by any justice out of his township at a time when it should have been taken therein, or it does not appear by the certificate of the justice that such acknowledgment or privy examination was taken within his township, the same shall nevertheless be sufficient, unless there be other lawful objection thereto. deeds so ac 7. And the record of any deed or other writing made Recording of upon any such acknowledgment or examination, as is men- knowledged tioned in the preceding section, is hereby legalized and legalized. made as valid and binding in all respects as if such acknowledgment had been taken and certified by a justice. within his township. jurisdiction does not exceed 8. The jurisdiction of justices within their several dis- Justices to have tricts and counties shall extend to all civil actions for the where sum in recovery of money or the possession of property, includ- controversy ing actions in which damages are claimed as compensation $300.00, etc. for an injury or wrong. Provided, The amount of money or damages, or the value of the property claimed, does not exceed three hundred dollars, exclusive of interest and costs; subject, nevertheless, to the exceptions hereinafter contained. unlawful deten 9. They shall have jurisdiction as hereinafter provided Also in cases of in case of the unlawful detention of real estate situated tion of real within their respective counties. estate. estate. 10. A justice shall have jurisdiction of actions for tres- Also in cases of pass on real estate, or damages to the same, or to rights trespass on real pertaining thereto, if the damages claimed do not exceed three hundred dollars and the cause of action arose in his Exception, county. But, such actions and cases of the unlawful detention of real estate excepted, he shall not have jurisdiction No jurisdiction of any suit in which the title to real estate is sought to be real estate is in recovered, or is drawn in question, except as hereinafter question. provided, nor shall any judgment of a justice in such Judgment in action for trespass or damages, or case of unlawful deten- to bar title. tion, bar the title of any party or any remedy therefor. where title to certain cases not 11. When the action is on a penal bond, the amount of Jurisdiction in actions on penal damages claimed for the breaches alleged, and not the pen- bonds. alty, shall be considered in determining the question of jurisdiction. No Jurisdiction in Certain Cases. 12. A justice shall not have cognizance of any action : First-For false imprisonment; or, Justice not to have cognizance in certain actions. Second-For malicious prosecution; or, Third-For slander, verbal or written; or, Fourth-For breach of marriage promise; or, Fifth-For seduction, than $300.00 13. When a balance is found in favor of a party, either Where more by the verdict of a jury or award of arbitrators, or upon a found in favor hearing before the justice, exceeding the sum for which a of a party, may justice is authorized to give judgment, such party may etc. release the excess and take judgment for the residue. release excess 14. If a justice be a party to the suit, or be interested in the result thereof, otherwise than as a resident or tax-case where jus Proceedings in tice interested, etc. Also, in case of his sickness, etc. In what county action must be brought. Process; to what ed. payer of the district or county, or be related to either of the parties, as grandfather, father, father-in-law, son, sonin-law, brother, brother-in-law, nephew, uncle or first cousin, guardian or ward, or be a material witness for either party, he shall not take cognizance thereof, unless all parties to the suit consent thereto in writing. But when a justice is under such disability, any other justice in the same county may exercise jurisdiction in the case, if there be no other objection. 15. In case of sickness or disability or absence of a justice, another justice of the same county may attend in his place, and shall thereupon become vested with his authority for the time being. The attending justice shall in such case make and sign proper entries of the proceedings in the docket of the absent justice. 16. The civil jurisdiction of a justice shall not extend to any action, unless the cause of action arose in his county, or the defendant, or one of the defendants, reside therein, or, being a non-resident of the State, is found, or has effects or estate within the county. 17. If the justice have jurisdiction of the action, any constable direct- lawful process, order or notice therein, unless otherwise specially provided, may be directed to any constable in the county where it is issued, or to any person specially deputed by the justice to serve or execute the same, as provided in section thirty of this chapter, and the officer or person to whom it is directed may serve or execute, the same anywhere within his county, or upon any river or How directed. creek adjoining thereto. It may be directed to the constable by name or by his official designation without naming him. Jurisdiction of justice in action on bonds. Who may bring suit thereon. Actions before justices; how 18. Subject to the provisions of the sixteenth section of this chapter, a justice shall have jurisdiction of actions on bonds given pursuant to this chapter, and suit may be brought on any such bond, before the justice or court having jurisdiction, by and in the name of any person sustaining loss or damage, by reason of the non-performance of the condition thereof. How Actions Before Justices are to be Commenced, etc. 19. Actions before justices are commenced by summons, commenced etc. or by the appearance and agreement of the parties without summons; and not otherwise. Any action so commenced by agreement, shall be proceeded with to trial, When commenced. , judgment, and execution in the same manner and with like effect as if the same had been commenced by summons. 20. In the former case the action is commenced upon the delivery of the summons to be served, and the constable shall note thereon the time of receiving the same. In the latter caso the action is commenced at the time of docketing the case. Right to Appear by Attorney. may appear by 21. Any plaintiff or defendant in an action before a jus- Adult party tice, unless he be under twenty-one years of age, may ap- agent or attor pear and conduct his suit or defense in person or by agent ney. or attorney. how made. 22. A party authorized to appear by agent or attorney, Appointment; may appoint any person to act as such. The authority may be written or verbal. Service of papers 23. When an agent, attorney or guardian for the suit has been appointed service, of any notice in the suit on on agent or bim shall be equivalent to service on his principal, and his guardian, etc. presence at any proceeding therein have the same effect as the presence of the party he represents. Infant Plaintiff or Defendant. infant party; made. Guardian for in 24. Where a party to the action is under the age of Guardians for twenty-one years, a guardian for the suit must be appoint when and how ed for him by the justice as follows: First, If the infant appointment be plaintiff, the appointment must be made before the summons is issued, on the application of the infant, if he be of the age of fourteen years or upwards; if under that age, on the application of some friend. The consent in writing of the guardian to the appointment, and his agreement to be responsible for costs, if he fail in the action, must be filed fant plaintiff rewith the justice. Second, If the infant be defendant the Sponsible for guardian must be appointed and consent to act as such be- Guardian for infore the trial. It is the right of the infant defendant to fant defendant nominate his own guardian, if the infant be fourteen years of age or over, and the proposed guardian be present and consent to serve, otherwise the justice shall appoint some suitable person who gives such consent. The guardian Not liable for for the defendant shall not be liable for any costs in the action. Suits in Partnership Name. costs. must consent to act. costs. 25. Persons associated as partners in any trade or busi- Suits in partness, may sue as such before a justice in the firm name nership name. by which such partnership is usually known; and it shall not be necessary to allege or prove in such suit who are the persons composing the partnership. Form and Requisites of the Summons. 26. The summons in justices' courts shall be in form or Form and requiin substance as follows: county, to wit: To any constable in said county. You are hereby commanded, in the name of the State of West Virginia, to summon A. B., to appear before me, at sites of summons. |