Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1851-02-18
REPORT or THE COMMITTEE
il DICIAR n,

s,s'asioh as relates 10 the Supreme Court
o. Appeals and the Superior Courts--the
mode Of appointment, and tenure of Office
OF the Judges and officers Of the Courts.
Except Sheriff., and Of the Attorney
General have, according 10 order. had
under consideration the subjects referred
10 them, and make the following report
thereon:
THE JUDICIAL DEPARTMENT.
/. There shall be a Supreme Cour, Of
Appeals, District Courts, and Circuit
Courts. The jurisdiction of these tribu-
nails, and Of the Judges thereof, shall be
regulated by law, except so far as the
same is prescribed in this Constitution.
JUDICIAL DIVISIONS.
2. The State shall be divided into five
sections, each section into two districts,
and each district into two circuits which
sections. districts and circuits shall be
bounded by county or corporation lines.
8. The Legislature may at the end
of years after the adoption Of this Con-
siitu,ion, and Of every term Of years
thereafter, re arrange or re-organize the
said sections, districts and circuits, ard
place any number Of circuits ir a district,
and districts in section Provided, that
the number Of sections shall not be in
creased or diminished that there shall
not be less than two districts and four cir.
cults in section; and that each circuit
shall be altogether in one district, and each
district in one section. But when new
cnunty is formed Of parts Of counties CON-
posing different circuits, it may be added
TO either of such circuits, and shall thence
forth form part of the district and sec-
lion 10 which such circuit belongs.
COURT OF APPEALS.
q. For each ofthesaid sections, Judge
shall be elected by the joint vote OF both
houses Of the General Assembly. He
shall during his continuance IN office re-
side in the section for which he is elected.
The Supreme Court of Appeals shall con-
sist OF five Judges so elected, majority OF
whom may hold court.
5. The Supreme Court Of Appeals shall
have appellate jurisdiction only. Ii shall
not have jurisdiction in civil causes where
the matter in controversy is of no greater
value or amount than Eve hundred dollars.
exclusive Of costs; except in conirover.
sy concerning the probate Of will, the
appointment or qualification Of personal
representative, guardian, or committee, or
concerning mill, road, way or ferry, or
the right OF corporation or county TO
levy tolls OF taxes and except in cases Of
Habeas Corpus or Mandamus, and cases
involving freedom. or the constitutionality
Of law.
3. No person shall be eligible to the
office of Judge Of the Supreme Court of
Appeals who is not at The time ofthe cleo.
ton at least 80 years of age, and resident
Of the section for which the election is
made: Nor shall any person be eligible
to such office during the term for which
he may have been elected Governor or a
member Of the General Assembly.
Z. The Judges Of the Supreme Court oil
Appeals shall hold their offices for the
term Of fifteen years from the date oftheir
commissions, and until their successors
shall be duly qualified; or until removed
in the manner prescribed by this Consti-
tuition Provided. that no Judge of the
said Court shall remain in office after he
shall have bed the age of seventy
years.
CIRCUIT COURTS.
s.. For each ofthe said Circuits, Judge
shall be elected by the persons therein,
qualified 10 vote for members of the Cen
eral Assembly. He shall. at the time Of
his election, be at least thirty years Of age;
and shall, during his continuance in office,
reside in the circuit Of which he lie judge.
8. No election Of Circuit Judge shall
be held within thirty days of the time OF
holding any general election in the cir.
cult, or any part of it, Of electors Of Presi-
dent aid Vice President of the United
States, Governor, members of Congress or
Of the General Assembly, or any other
officer.
10. The Judges of the Circuit Courts
shall hold their Offices for the term of ten
years from the date of their commissions,
and until their successors shall be duly
qualified or until removed in the man.
ner prescribed by this constitution. No
Judge of Circuit Court shall be re-eligi-
bic 10 the same Office until his immediate
successor shall have ceased 10 hold the
office.
Ill. A Circuit Court shall be held BY
the Judge of each circui, at least twice a
year in each county and corporation of
such circuit wherein Circuit Court is
now held, or may hereafter, by law, be
directed to be held. A Judge Of one Cir
cult may hold court in another, whether
in or on, of his district, when required or
authorized by law 10 do so and the Judges
in the same district may be required by
Jaw 10 hold the courts OF their respective
circuits alternately.
DISTRICT COURTS.
IL. A District Court shall be held at
least once in year, in each Of The said
districts, by the Judges of the circuits
composing the district. and the Judge of
the Supreme Court Of Appeals who may
reside in She section Of which said district
forms part any two Of whom may hold
a Court But instead Of the Judge Of the
Supreme Court Of Appeals residing in
such section, a Judge Of the Supreme
Court of Appeals residing in an adjoining
section may sit in the said district Court
whenever required or authorized by law
to do so and the Circuit Judges Of one
district or a;tber nr thar r,ay- - auth.