Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-01-25
CONSTITUTIONAL CONVENTION
rhLrly-seventh I0ny.

FRIDAY, Jan. "a, 1862.
Prayer by Re v. J. N. Powell member
from Harrison.
Mr.. DERlXG presented petition from 1903
citizens Of Mouongalia county, praying the
Convention to make such provisions MS 10
prohibit the Legislature Of the new State
from appropri0ling money for internal i'm .
provements, or holding sessions OF longer
than thirty ilAys,,or II they did they should
receive no pay for the extra time. Tie
petition was read and laid upon the table.
The Judiciary Report was taken up and
the remainder Of the 9th Section passed -
So that the entire section as adopted, is as
follows:
5. A Circuit Court shall be held at least
four times year, unless otherwise prOvi-
ded BY law made in pursuance Of section
3, by the Judge Of each Circuit, in every
county wherein Circuit Court 10 hereby,
or msy hereafter be, sStabllIhed' Bat the
Judges may be required Of authorized 70
b I'D the Courts q thoIg FOBptelivO Circuits
Alternately, and Judge Of one Circuit 70
hold Court IN any other Oircnit,
The 9th, It'll, 9Th, and 9th sections were
also discussed and adopted in shape us
follows; -.
6. The Supreme Court Of Appeals shall
consist of three Judges, any two Of whom
shall be quorum. They shall be elected
by the voters Of the State, aud shall, at the
time Of their election, be at least thirty Eve
years Of age. They shall hold their Offices
for the tenn Of twelve years, unless sooner
removed in the manner prescribed in this
constitution. OF the Judges first elected,
one, TO be designated by lot in such man
ner as they shall determine, shall hold his
Office for four years, another to be desig-
mated in like manner, for eight years, and
the third for IL years, SO that thereafter
onc shall be elected every four years.
I. The Supreme Court OF Appeals shall
have original jurisdiction in cases Of hd-
Jsas eorpUs, mdndqmnS and prohibition. II
shall have appellate Jurisdiction in civil
cases where the matter in controversy ex'
elusive of costs is Of greater value or
amount than two hundred dollars, and in
controversies concerning the title or boun-
daries OF land, the probate Of wills, the np.
pointment or qualification Of personal
representative, guardian, committee, or Gu
Tator, or concerning \ mil, road, way, fer
nv or landing, or the right Of corporation
or county 10 levy tolls and taxes and also
in cases Of hdJeas corpus, RtaadamuS and
prohibition. and cases involving freedom, or
the constitutiouAlity Of law. 1t shall
have appellate jurisdiction in criminal
cases, wherever there has been conviction
for felony or misdemeanor in circuit
court. Ii shall have such other appellate
Jurisdiction ia civil and criminal cases as
may be prescribed by law.
s. When a Judgment or decree is re-.
versed or affirmed by the Supreme Court
of Appeals, every point made and distinct
~ stated IN writing in tue cause, and fairly
arising upon the record Of the case, shall
be considered and decided, and the reasons
therefor shall be concisely and briefly
stated in writing, and preserved with the
records Of the case.
o. When any Judge of the Court Of Ap.
peals is so situated in regard to any ease
pending before It, as to make il improper
for him to aid in the trial Of the same, or
Is under any other disability, the remain.
ing Judges may call to their assistance .
Judge Of the Circuit Court, who shall nct
as Judge of the Court Of Appeals in the
cases to which such disability relates.
The 10th section was taken up, and
pending the consideration Of It, the hour
for recess arrived.