Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1851-08-12
District Coarts.

| least once year, 10 every district, by the
Is Judges Of the circuits constituting the sec
ton Of which the district forms part; any
three Of whom may hold court but Nc
i Judge shall sit Or decide upon any appeal
taken from bis own decision The Judge
Of the Supreme Court Of Appeals Of one
section, may sit in the District Courts Of
another section, when required or authori-
4 zed BY law to do SO.
8. The district courts shall not have ORR
gina, jurisdiction, except in cases Of habeas
corpus, mandamus and prohibition.
ss Court IF appeals. q
10. For each section Judge shall be
elected by the voters thereof, who shall
I hold his office for the term of tu elvc years,
7 unless sooner removed in the manner pre-
scribed by this Constitution. He shall, at
the time of his election be at least thirty
1 five years OF age and during his continu.
ance in Office, reside in the section for which
he is elected &i as g498
H. The Supreme Court of Appeals shall
consist of the five Judges so elected any
three Of whom may hold a court. 1t shall
have appellate jurisdiction only, except in
cases of ha5eds corpus, mandamus aud
prohibition. It shall not have jurisdiction
in civil GAUGES where the matter in contro-
! versy, exclusive Of costs, is less in value or
amount than FIVE hundred dollars, except
in controversies concerning the title or
boundaries of lands the probat Of a WILL
the Appointment or qualification Of per-
sonal representative, guardian, committee
or curator; or concerning mill, road. way,
ferry or landing, or the right of corpora
. ton or of a county to levy tolls or taxes !;
and except in cases of habeds corpns, man.
damus and prohibition, and cases mvolv-
ing freedom, or the iconstitytionality of a
law. 2al G. % 9tf, FAB
12a Special Courts of Appeals, to con-
sist of not less than three nor more than
five Judges, may be formed of the Judges
of the Supreme Court of Appeals, and of
the Circuit Courts, or any Of them, to try
any cases re naming on the dockets of the
present Court Of Appeals when the Judges
thereof cease to hold their Offices OF to try
any cases which may be on the dockets of
the Supreme Court Of Appeals established
by this Constitution, in prospect to which
majority Of the Judges of the said court
may be so situated as to make it improper
for them to sit Oh the hearing thereof.
49, When judgement or decree IS re-
vcrsed or affirmed by the Supreme Court of
Appeals, the reasons therefor shall be sta
ted in writing, and preserved with the rec
ord Of the case. 1 .al7A99 aHi O
General Provisions,
IA. Judges shall be commissioned by the
Governor, and shall receive fixed and ade-
quate salaries, which shall not be diminish
ed during their continuance in Office, The
salary of a Judge of the Supreme Court of
Appeals shall not be less than three thou
sand dollars, and that OF Judge of a Cir
cult Court not less than two Thousand dol
lars per anaHra. except that Of the Judge
of the fifth circuit, which shall not be less
than fifteen hundred dollars per annum
and each shall receive reasonable allow
ance for necessary travel
Is. No Judge during his term of SER
vice shall hold any other Office, appointment
or public trust, and the acceptance thereof
shall vacate isjudicial, office; nor shall he,
during such term or within one year there
after, be eligible to any political office.
16. No election of Judge shall be held
within thirty days Of the time of holding
any election of electors of President and
Vice President of the United States, of
members OF Congress or Of the General
ASSEMBLY.
= II. Judges may be removed from Office
by concurrent vote OF both houses of the
General Assembly. but a majority Of all
the members elected to each house must
concur in such vote and the cause of re
moval shall be entered on the journal Of
each house The Judge, against whom
the General Assembly may be about to
proceed. shall receive notice thereof, ac-
compani.d by a copy of the causes alleged
for his removal, at least twenty days be-
fore the day On which either house of the
General Assembly shall act thereupon,
is. The officers of the Supreme Court
of Appeals and of the District Courts shall
be appointed by the said Courts respec-
lively Or by the Judges thereof in vaca-
ton, Their duties, compensation and ten
ure of Office, shall be prescribed by law.
10. The voters Of each county or corpor
alton in which Circuit Court is held shall
elect clerk of such court, whose term Of
Office shall be six years The Attorney
for the Commonwealth elected for a county
or corporation wherein Circuit Court is
directed to be held. shall be Attorney for
the Commonwealth for that court but in
case Circuit Court is held for city, or
for a county and city, there shall be an at
torney for the commonwealth for such, to
be elected by the voters of such city or
county and city, and to continue in Office
| for the term of four years. The duties aud
compensation of these oficefs, and the
mode of removing them from office, shall
be prescribed by law.
! 20 When vacancy shall occur in the
Office Of clerk of any court, such court may
appoint clerk pro tempore who shall dis
charge the duties Of the Office until the va
cacy is filed.
Il The General Assembly shall pro-
vide for the compensation Of Jurors, but
appropriations for that purpose, shall not
be made from the State treasury, except
in prosecutions for felony and misdemean-
| or.
-, At every election of Governor, an
attorney general shall be elected by the
voters Of the Commonwealth, for the term
eff four years. He shall be commissioned
/ by the Governor shall perform such duties
and receive such compensation as may be