Chapter 1. THE STATE AND ITS SUBDIVISIONS.

§1. Counties Comprising State of West Virginia.—The State of West Virginia includes all the territory formerly belonging to the State of Virginia and now comprising the following counties, to-wit: Barbour, Berkeley, Boone, Braxton, Brooke, Cabell, Calhoun, Clay, Doddridge, Fayette, Gilmer, Grant, Greenbrier, Hampshire, Hancock, Hardy, Harrison, Jackson, Jefferson, Kanawha, Lewis, Lincoln, Logan, Marion, Marshall, Mason, McDowell, Mercer, Mineral, Mingo, Monongalia, Monroe, Morgan, Nicholas, Ohio, Pendleton, Pleasants, Pocahontas, Preston, Putnam, Raleigh, Randolph, Ritchie, Roane, Summers, Taylor, Tucker, Tyler, Upshur, Wayne, Webster, Wetzel, Wirt, Wood and Wyoming.(Const. 1863, art. 1, §2; Const. 1872, art. 2, §1; 1863, cc. 35, 90; 1866, cc. 7, 29; 1867, c. 61; Code 1868, c. 1, §1; 1881, c. 20, §1; 1895, c. 68; Code 1923, c. 1, §1.)

§2. Jurisdiction Over Rivers.—The jurisdiction of this State also extends over all the rivers which are boundary lines between this and any other state, to the opposite shore, where there is no statute or compact to the contrary.(Const. 1863, art. 1, §2; Const. 1872, art. 2, §1; Code 1868, c. 1, §2; 1881, c. 20, §2; Code 1923, c. 1, §2.)

§3. Acquisition of Lands by United States; Jurisdiction.—The consent of this State is hereby given to the acquisition by the United States, or under its authority, by purchase, lease, condemnation, or otherwise, of any land acquired, or to be acquired in this State by the United States, from any individual, body politic or corporate, for sites for lighthouses, beacons, signal stations, post offices, customhouses, courthouses, arsenals, soldiers’ homes, cemeteries, locks, dams, armor plate manufacturing plants, projectile factories or factories of any kind or character, or any needful buildings or structures or proving grounds, or works for the improvement of the navigation of any watercourse, or work of public improvement whatever, or for the conservation of the forests, or for any other purpose for which the same may be needed or required by the government of the United States. The evidence of title to such land shall be recorded as in other cases.

Any county, magisterial district or municipality, whether incorporated under general law or special act of the legislature, shall have power to pay for any such tract or parcel of land and present the same to the government of the United States free of cost, for any of the purposes aforesaid, and to issue bonds and levy taxes for the purpose of paying for the same; and, in the case of a municipal corporation, the land so purchased and presented may be within the corporate limits of such municipality or within five miles thereof: Provided, however, That no such county, magisterial district or municipality shall, by the issue and sale of such bonds, cause the aggregate of its debt to exceed the limit fixed by the Constitution of this State: Provided further, That the provisions of the Constitution and statutes of this State, or of the special act creating any municipality, relating to submitting the question of the issuing of bonds and all questions connected with the same to a vote of the people, shall, in all respects, be observed and complied with.

Concurrent jurisdiction with this State in and over any land so acquired by the United States shall be, and the same is hereby, ceded to the United States for all purposes; but the jurisdiction so ceded shall continue no longer than the United States shall be the owner of such lands, and if the purposes of any grant to the United States shall cease, or the United States shall for five consecutive years fail to use any such land for the purposes of the grant, the jurisdiction hereby ceded over the same shall cease and determine, and the right and title thereto shall reinvest in this State. The jurisdiction ceded shall not vest until the United States shall acquire title of record to such land. Jurisdiction heretofore ceded to the United States over any land within this State by any previous acts of the legislature shall continue according to the terms of the respective cessions.(1881, c. 20, §4; 1909, c. 61; 1917, 2nd Ex. Sess., c. 5; Code 1923, c. 1, §4.)

§4. Execution of Process and Other Jurisdiction as to Land Acquired by United States.—The State of West Virginia reserves the right to execute process, civil or criminal, within the limits of any lot or parcel of land heretofore or hereafter acquired by the United States as aforesaid, and such other jurisdiction and authority over the same as is not inconsistent with the jurisdiction ceded to the United States by virtue of such acquisition.(1881, c. 20, §5; Code 1923, c. 1, §5.)

§1. Senatorial Districts.—The State shall consist of fifteen senatorial districts, as follows:

First district—Consisting of the counties of Hancock, Brooke and Ohio.

Second district—Consisting of the counties of Marshall, Wetzel and Tyler.

Third district—Consisting of the counties of Pleasants, Wood, Wirt and Ritchie.

Fourth district—Consisting of the counties of Mason, Jackson and Roane.

Fifth district—Consisting of the counties of Cabell, Lincoln and Putnam.

Sixth district—Consisting of the counties of Wayne, Mingo, McDowell and Wyoming.

Seventh district—Consisting of the counties of Raleigh, Mercer, Summers and Monroe.

Eighth district—Consisting of the counties of Kanawha, Boone and Logan.

Ninth district—Consisting of the counties of Fayette, Greenbrier, Nicholas and Clay.

Tenth district—Consisting of the counties of Calhoun, Gilmer, Braxton, Webster and Pocahontas.

Eleventh district—Consisting of the counties of Monongalia, Marion and Taylor.

Twelfth district—Consisting of the counties of Doddridge, Harrison and Lewis.

Thirteenth district—Consisting of the counties of Barbour, Upshur, Randolph and Pendleton.

Fourteenth district—Consisting of the Counties of Preston, Tucker, Grant, Hardy and Mineral.

Fifteenth district—Consisting of the counties of Jefferson, Berkeley, Morgan and Hampshire.(Const. 1863, art. 4, §6; Const. 1872, art. 6, §5; Code 1868, c. 2, §1; 1882, c. 90, §1; 1891, c. 80; 1901, c. 10; Code 1923, c. 2, §§1, 2.)

§2. Apportionment of Membership of House of Delegates.—The house of delegates shall consist of ninety-four members, who shall be apportioned as follows: The counties of Barbour, Boone, Brooke, Calhoun, Clay, Doddridge, Gilmer, Grant, Hampshire, Hancock, Hardy, Jefferson, Lewis, Lincoln, Logan, Mineral, Mingo, Monroe, Morgan, Nicholas, Pendleton, Pleasants, Pocahontas, Putnam, Ritchie, Summers, Taylor, Tucker, Tyler, Upshur, Webster, Wirt and Wyoming shall have one delegate each. The counties of Berkeley, Braxton, Greenbrier, Jackson, Marshall, Mason, Monongalia, Preston, Raleigh, Randolph, Roane, Wayne and Wetzel shall have two delegates each. The counties of Marion, Mercer and Wood shall have three delegates each. The counties of Cabell, Fayette, Harrison, McDowell and Ohio shall have four delegates each. The county of Kanawha shall have six delegates.(Const. 1863, art. 4, §§7, 8, 9, 10, 11, 12; Const. 1872, art. 6, §§6, 7, 8, 9, 10; Code 1868, c. 2, §§1, 2; 1882, c. 90; 1891, c. 80; 1901, c. 10; 1915, c. 30; Code 1923, c. 2, §3.)

§3. Congressional Districts.—The number of members to which this State is entitled in the house of representatives of the congress of the United States shall be apportioned among the several counties of the State, arranged into six congressional districts, numbered as follows, that is to say:

First district—Consisting of the counties of Brooke, Hancock, Marion, Marshall, Ohio, Taylor and Wetzel.

Second district—Consisting of the counties of Barbour, Berkeley, Grant, Hampshire, Hardy, Jefferson, Mineral, Monongalia, Morgan, Pendleton, Preston, Randolph and Tucker.

Third district—Consisting of the counties of Braxton, Clay, Doddridge, Gilmer, Harrison, Lewis, Nicholas, Ritchie, Upshur and Webster.

Fourth district—Consisting of the counties of Cabell, Calhoun, Jackson, Mason, Pleasants, Putnam, Roane, Tyler, Wirt and Wood.

Fifth district—Consisting of the counties of Lincoln, Mercer, Mingo, Monroe, McDowell, Summers, Wayne and Wyoming.

Sixth district—Consisting of the counties of Boone, Fayette, Greenbrier, Kanawha, Logan, Pocahontas and Raleigh.(U. S. Const., art. 1, §2; Code 1868, c. 2; 1882, c. 91; 1901, c. 9; 1915, c. 29; Code 1923, c. 2, §4; 1929, c. 73.)

§1. Notice of Intention to Create New County.—When it is intended to apply to the legislature for the passage of an act to create a new county, a notice of such intention shall be published in each county from which any portion of such new county is proposed to be taken, at least once in each week for four successive weeks, in some newspaper published in such county; and if none be published in such county, then such notice shall be so published in some newspaper of general circulation in such county and posted at the front door of the courthouse of such county, for at least thirty days before the application for the survey and the taking of the census hereinafter mentioned. If no such newspaper will publish such notice, such posting shall be sufficient notice.(Code 1849, c. 47, §§1, 2; Code 1860, c. 47, §§1, 2; 1867, c. 110; Code 1868, c. 38, §§1, 2; 1882, c. 40, §1; Code 1923, c. 38, §1.)

§2. Survey and Census; Area and Population.—The county court of each of the counties out of which the new county is proposed to be formed, at its first session after the notice mentioned in the next preceding section has been published, published and posted, or posted (as the case may be), as required by said section, shall order a survey of the whole county, and of that portion thereof proposed to be included in the new county, to be made by the surveyor of such county, if there be one, and if not by some other competent surveyor, in order to ascertain the number of square miles in the county, as well as in that portion thereof proposed to be included in such new county. Such court shall also appoint some one or more competent person or persons to take a census of the population of such county, and of that part thereof proposed to be included in such new county, in order to ascertain whether or not there will remain in such county a population of six thousand after the creation of such new county. It shall be the duty of the survey or so directed or appointed to make such survey, and of the person or persons so appointed to take the census, as soon as their fees are paid or secured to be paid in a manner satisfactory to them, to proceed in the shortest time practicable to make such survey and take such census and make report thereof to the county court by which they were appointed; and the surveyor shall return and file with his report two fair plats and certificates of the survey made by him, showing the metes and bounds of the county and the number of square miles of territory contained therein, and the number of square miles contained within that portion thereof proposed to be included in the new county, and the metes and bounds thereof. The return of such survey and census shall be noted in the records of the court, and such reports shall be filed and preserved by the clerk of such court in his office, and a notice in writing that such return of the survey and cen sus has been made shall be sent to the county court of the other county out of which such new county is proposed to be formed.(Code 1849, c. 47; Code 1860, c. 47; Code 1868, c. 38, §§3, 4; 1882, c. 40, §§2, 3; Code 1923, c. 38, §§2, 3.)

§3. Submission to Voters; Copies of Surveys, Census and Declaration of Result of Election.—If it appear, by such surveys and census, that there are within the limits of the proposed new county at least four hundred square miles of territory and at least six thousand population, and that no county is thereby reduced below four hundred square miles of territory or below six thousand population, and that no part of any county having a population of not more than six thousand, or a territory of not more than four hundred square miles, is included within such proposed new county, the county court of each of the counties from which such new county is proposed to be taken shall order a vote of the qualified voters of such county within the lines of such proposed new county to be taken on a day named for the purpose, which shall be on the same day in each county and on the fourth Tuesday after the day of the return of such reports and census to the county court of the county where such reports and census are returned last, at each place of voting within the lines of such proposed new county, or, if there be no place of voting therein, at such place or places therein as the court may direct, of which time and place a notice shall be posted by the sheriff of each of such counties at each place of voting therein as provided by such order, at least fifteen days before such election. The court shall, at the same time, appoint commissioners of election for each of such places of voting, and all the laws relating to a general election shall, as far as applicable, govern and control the holding of such election at the several places of voting, the ascertaining of the result thereof at each of such places and the returns thereof, and the declaring of the general result of such election at all the places of voting in each of such counties. The ballots used at such election shall have printed on them the words ”For new county,” and ”Against new county.” And it shall be the duty of the clerk of the county court of each of such counties to deliver to any person who may demand the same, and pay or tender his legal fees therefor, copies of such surveys, census and declaration of the result of such election in his county, duly certified by him to be true copies. The fees for such copies shall be the same as are allowed by law for other copying done by such clerk.(Const, art. 9, §8; Code 1849, c. 47; Code 1860, c. 47; Code 1868, c. 38; 1882, c. 40, §3; Code 1923, c. 38, §3.)

§4. Plat of New County.—From the plats showing the portion of each county to be included in the proposed new county, mentioned in section two of this article, a plat of the proposed new county shall be prepared under the joint supervision of the surveyors who made the plats of such portions, which plat shall bear the joint certificate of such surveyors as to the surveys included therein, and shall show the courses and distances of the boundary line of such new county, and the streams and other natural objects or points on such boundary line, and a copy of the plat so certified shall be returned by the surveyor of each county to the clerk of the county court thereof. Such return shall be noted in the records of the county court and such copy shall be filed and preserved by such clerk in his office.

§5. Certificates to Accompany Application to Legislature.—Every application to the legislature for the formation of a new county must be accompanied by duly certified copies of the surveys, plat of the proposed new county, census and order of the county court declaring the result of such election as aforesaid, together with satisfactory evidence that all the provisions of this article have been fully complied with.(Code 1849, c. 47; Code 1860, c. 47; Code 1868, c. 38; 1882, c. 40, §4; Code 1923, c. 38, §4.)

§6. Payment of Expenses.—All the expenses attending the publication of the notices, the surveying, and the taking of the census, as required in sections one and two of this article, shall be paid by the parties applying for the proposed new county. The expenses incident to the election in each county shall be paid by it and the laws relating to the payment of general election expenses, so far as applicable, shall govern such payment, but in the event that the proposed new county is created, such election expenses shall be paid by the new county to each county that made such expenditures.(Code 1849, c. 47; Code 1860, c. 47; Code 1868, c. 38, §5; 1882, c. 40, §2; Code 1923, c. 38, §2.)

§7. Filing Plat of New County After Its Creation; Change of Boundaries.—If the proposed new county be created with the boundaries specified in the plat and certificate of survey mentioned in section four of this article, a copy of such plat and certificate showing the courses and distances of the boundary line of such new county, and the streams and other natural objects or points referred to in the act creating the same, shall be filed in the office of the secretary of state, and a similar copy in the office of the clerk of the county court of such new county. But if such new county be created with different boundaries than those so specified, the lines thereof, so far as they differ from those originally run as aforesaid, shall be run and marked by the surveyor of such new county and the surveyors of the counties out of which the same may be formed. They shall make a report of their proceedings to the secretary of state, and also to the clerk of the county court of each of such counties, accompanied by a plat similar in all respects to the one hereinbefore provided for. Such surveying shall be done at the expense of such new county.(Code 1849, c. 47; Code 1860, c. 47; Code 1868, c. 38, §6; 1882, c. 40, §6; Code 1923, c. 38, §6.)

§8. Collection of and Accounting for Public Funds; Officers’ Fees; Execution of Process.—All taxes and levies assessed or laid in any county from which a new county is formed, before the time when the act creating such new county becomes effective, shall be collected, ac counted for and paid; and all officers’ fees in the hands of any sheriff or other officer at that time shall be accounted for and paid; and all process and precepts delivered to such sheriff or other officer before that time shall be executed, returned and satisfied; and such sheriff or other officer shall have like powers and liabilities in relation thereto as if such act had not passed.(Code 1849, c. 47; Code 1860, c. 47; Code 1868, c. 38, §10; 1882, c. 40, §10; Code 1923, c. 38, §10.)

§9. Jurisdiction of Courts; Transfer of Cases.—The courts which, at the time of the passage of the act creating a new county, had jurisdiction over the counties from which it is formed shall retain jurisdiction over all actions, suits and proceedings therein pending at the passage of the act, and shall try and determine the same, and award execution and other process thereon, except in cases in which the plaintiff and one or more of the defendants reside or do business in the new county; which last mentioned cases, together with the papers and a transcript of the record of the proceedings therein had, shall, after that day, if either party so desires, be transferred to the proper court of the new county, and there tried and determined as other cases brought in the new county.(Code 1849, c. 47; Code 1860, c. 47; Code 1868, c. 38, §§8, 9; 1882, c. 40, §§8, 9; Code 1923, c. 38, §§8, 9.)

§10. Transfer of Proceedings Pending Before a Justice.—Any proceeding pending before a justice of an old county at the time the act creating a new county becomes effective, which, if brought after that time, would be required by law to be brought before a justice of the new county, shall be transferred, together with the papers and a transcript of the record, to some justice of the new county.

§11. Jurisdiction of Old Officers to Continue Until New Officers Appointed.—The sheriffs and other officers of the counties from which a new county is formed shall, until the sheriff and other officers of the new county are appointed in the manner provided by law for the filling of vacancies in such offices, continue to have and exercise all the jurisdiction, power and authority which they had at the time of the passage of the act creating such new county.(Code 1849, c. 47; Code 1860, c. 47; Code 1868, c. 38, §8; 1882, c. 40, §8; Code 1923, c. 38, §8.)

§12. Officers of Old County Required to Reside Therein.—In any case where the residence of a sheriff or other officer required to reside within the county is, by the creation of a new county, included within the limits of the new county, such sheriff or other officer may retain his office provided he change his residence, within fifteen days after the act creating the new county becomes effective, to some place within the boundaries of the old county, as changed. If such sheriff or other officer does not so change his residence, then his office shall be deemed vacated and shall be filled as in the case of vacancies in such office.

§13. District Offices Not Vacated.—The creation of a new county shall not vacate the office of any justice, constable, or other officer of any district which is included in whole or in part in the new county, provided such justice, constable, or other district officer resides within the limits of such new county.(Code 1849, c. 47; Code 1860, c. 47; Code 1868, c. 38, §8; 1882, c. 40, §8; Code 1923, c. 38, §8.)

§14. Notice and Survey in Case of Changing a County Line.—When it is proposed to change a county line, a notice thereof shall be published in some newspaper printed in the county from which any territory is proposed to be taken, if one be printed therein, once in each week for four successive weeks before the survey of the proposed change will be asked for, or if no such paper be printed therein, or all the papers printed therein refuse to publish the same, such notice shall be posted at the front door of the courthouse of such county at least four weeks before such survey is asked for. At any time after such notice has been posted, or published as aforesaid, the county court of the county, a part of whose territory is proposed to be attached to another county, shall, on application of any person interested, and at his expense, cause a survey of the proposed change of line to be made by the surveyor of the county, or by some competent surveyor appointed for the purpose. The surveyor so appointed, or directed, to make such survey shall, as soon as his fees therefor are paid or secured to be paid to his satisfaction, proceed to make such survey and return a plat and report thereof to said court, and the clerk thereof shall file and preserve the same in his office; and shall, as provided in section three of this article, make out and deliver to any person who may demand the same, a certified copy thereof. Every application to the legislature for the change of a county line shall be accompanied by a duly certified copy of such plat and report. If the county court of such county refuse to order such survey to be made, or if the surveyor appointed by such court to make such survey fail or refuse to do so, then and in that event the county court of the county to which such territory is proposed to be added shall, on the application of any person interested, and at his expense, order the survey to be made and appoint a surveyor to make the same; and the surveyor so appointed shall, as soon as his fees therefor are paid or secured to be paid to his satisfaction, make and report such survey to the county court of his county as hereinbefore required.(Code 1849, c. 47; Code 1860, c. 47; 1867, c. 110; Code 1868, c. 38, §5; 1882, c. 40, §5; Code 1923, c. 38, §5.)