Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1851-07-15

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s's Is ss%, ' = II ss :.
Thc Codlmittee se-Ils syhols Cenveatba.
towhom NE refefFed It'd repqft siAhe CON-
rnittee a the ..Iudiciafy Depastmcpt ofthe
p6ovcrnmefsts have. aecofdi~g ~ order. Had
lhe same undcr consideration. and beg leaya
to report the same, as amended by the said
Committee, to the Convention
7Hs amendmenrs of the c0mmifsee n me
Whole cns6yarsa sa1 ] and printed ia
italics.
ss Ems ssDsetAI DERAarnExz.
/. There shall be. q Supreme Court Of APP
peals, District Courts, aud Circuit Courts =
The Jurisdictions Of the tribunals. and Of the
Judges thereof shall be regulated BY law. ex-
cept 50 far as the same is prescribed in this
Constitutiops & 400 81
JUDICIAL DIV IsIoSs
81 The Sthte shall be divided int6 five sec
tions, each section into Two districts. and
| each district into two circuits; which sections
districts and circuits shall be bounded by
county or corporation lines, rdnd shah be as
hereinafter defned1
B. The Legislature may at The. end Of
years after the adoption Of this Constellation,
and of every term OIL years thereafter, re-,
arrange or re- Organize the said sections, dis
tricts and circuits, and place any number of
circuits in adistrict. and districts in Sec
ton: Provided that the number OF sections
shall pnot bcs increased or diminished; that
there shall hottie less than two districts and
four circuits in section; and that each cir
cunt shall be altogether in one district, and
each district in one section. But when rev
county is formed Of parts ofcountics compo-
sing different circuits, it may be added to
either Of such circuits and shall theneefortb
form part of the district and section 10
which such circuit belongs
COURT OF APPEALS.
A. For each of the said sections, q Judge
shall be elected by the persons therein quail
flied to pote for members ofthe General
assembly, He shall, during his continu-
ance in Office, reside in the section for which
he is elected. The Supreme Court Of APP
peals shall consist Of the five Judges so cleo
ted, majority of whom may hold Court
5. The supreme Court Of Appeals shall
have appellate jurisdiction only Tcxcept in
cases Of hdbcds corpus and mandamuS1 1t
shall not have Jurisdiction in civil causes
where the matter in controversy is of no
greater value or amount than. five, hundred
dollars, exclusive Of costs except in con
troversy concerning Ttke title Or boundaries
Of land, the probate Of a will, the appoint
ment or qualification OF personal rcpresen-
mill, road, way or ferry. or the right Of a
corporation or county to levy tolls or taxes !;
and except in cases Of habeas corpus or man
damus, and cases involving freedom, J, or The
coBstitutionality of law. M M
g. No person shall be eligible to the Office
Of Judge Of the Supreme Court Of Appeals
who is not, at the time Of the election, at
| least thirty five yaars of age; J, nor shall any
person be eligible to such Office during the
term Of which be may hare been elected
! Governor .sg & ss5l $40. sce
Z the Judges of me Supreme Court Of
appeals shall be elected for the term Of
flpelrc gears, and shall continue IN office
until their SUCCESSORS be duly qualified or
until removed in the manner prescribed BY
this Constitution Proviaed that no Judge
of the said Court slmll4emain in Office after
he shall have attained the age of seventy
years. ss sis
CIRCUIT co5RTs
s. For each Of the said Courts a Judge
shall be elected BY the persons therein quail
fed to vote for members of the General As
scmbly. He shall, at the time Of his election,
be at least thirty years of age, aud shall dur
ing his continuance in office, reside in the
Circuit of which he is Judge.
8. No election Of Fudge Of the Court
| Of Appeals or al Circuit Judge shall be held
within thirty days of the time of holding any
| general election Of Electors * President and
| Vice. President Of the United States. Govern
or, members Of Congress or Of the General
| Assembly. or any other officer.
10 The Judge of the Circuit Courts shall
hold their Offices for the term Of [eighl years,
until their Successors shall be duly qualified,
or Until removed in the manner prescribed by
this Constitution.
| IL A Circuit Court shall be held, by the
Judge of each Circuit, at least twice a year.
in each county and corporation Of such Cir
Gait wherein Circuit Court is now held, or
may hereafter by law be directed TO be held.
A Judge Of one circuit may hold Court in
another, whether in or out Of his district, when
required or authorized by law to do so; and
the Judges in the same district may be re-
quired by law to hold the Courts Of their re-
spcctive circuits alternately
DISTRICT COURTS.
10. A District Court shall be held, at least
once in every year, in each Of the said dis
tricts. by the Judges of the circuits compo-
sing the [seetion] and the Judge of the SUI
preme Court of Appeals who may reside in
the section. of which said district forms a
part; any [fhree] ofwhom may hold Court:
! TProuided that no Judge shall SIT in, or de-
eide upon, any appeal taken from has oion
decision,] But instead Of the Judge Of the
Supreme Court Of Appcals residing 10 such
section. Judge Of the Supreme Cour: Of
Appeals residing in an adjoining section may
sit in the said District Court. whenever re-
ouired or authorized bv law TO do So