The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-02-08
THE JUDICIARY.
pInn OF James 8. Wheat, OF Omio
County.

shall be vested in a Supreme Court OF
Appeals, Circuit Courts, County Courts,
Justices Of the Peace, and such other
in 'erior tribunals as are herein author
lied.
9. A court to be known and de-
signated as THE Supreme Court OF APP
peals Of West Virginia" shall con''s;
of five judges, any three OF whom shall
be a quorum, to he nominated and con-
frmed in the manner hereinafter pro-
vided. They shall hold their offices for
the term Of fifteen years, except that OF
those first nominated and confirmed,
one, to be designated by lot, In such
manner as they may determine, shall
hold his office for three years; another,
to be designated in like manner, Tor six
years. another, to be designated IN like
manner, for nine years another, TO De
designated in like manner, for twelve
wears; and the fifth forssifteen years; 80
that one shall be nominated and con-
frmed every three years.
8 At the first session after the adop,
ton of this Constitution, the LegiSla-
ture shall, by law, arrange the counties
of the State in four grand divisions, to
be numbered respectively first, second,
third and fourth; each of the grand
divisions shall be formed by contiguous
counties, and, as nearly as may he, Of
equal population. 1t shall thereupon
be the duty of the Governor to noml-
nate to the Legislature Judge OF the
Supreme Court OF Appeals for each
grand division, and fifth for the State
ut large, who shall be the President
Judge OF said Court; each Of whom shall
have been resident voter OF this State
for not less than five years preceding his
nomination, and not less than thirty
five years Of age. After any such
nomination shall have been confirmed
and approved 10y the vote Of a majority
of all the members elected to each
branch o!the Legislature, the said judge
shall be commissioned by the Cover
nor. Each OF the judges nominated
for the several grand dlvs ons, and ap
proved and confirmed by the Legisla
,ure. shall reside within the grand
Division tor which he may have been
nominated. approvec and confirmed.
4. The Supreme Court OF Appeals,
shall have original jurisdiction, IN cases
o. habeaS corpus, mandamus and prohib'
ton. 1t shall haveappelatej jurisdiction,
10 civil cases, where the matter III con-
troversy, exclusive OF costs, Is of a
greater value or amount than one
hundred dollars; in controversies, COLI
corning the title or boundaries Of land,
the probate OF wills, the appointment
or qualification OF a personal representa-
tive, guardian, committee or curator
or concerning a mill, road, way, terry
or landing, or the right ola corporation
or county to levy tolls or taxes; and
also in cases of habeaS corpus, mandamus
and prohibition, and cases involving
freedom or the consttutionality OF n
laws 1t shall have appellate jurisdic
ton where there has been conviction
Of felony in a Circuit Court, or the
affirmance in a Circuit Court OF convc-
ton and judgment in County Court,
10 a prosecution for petty larceny or
misiemeanor and such other juri-dic-
ton, 10 both civil and criminal cases,
as may be prescribed by law, not in-
consistent with or repugnant to this
article. A writ OF error, supersedeas or
appeal, shall only be awarded or
allowed by the Supreme Court OF
Appeals or a judge thereof, upon
petition assigning errors in the JUDI
nent or proceedings Of an inferior court,
and then only after the court, or judge
thereof, shall have fully examined and
considered the record and assignment
of errors.
). No decision rendered by the
Supreme Court Of Appeals, shall be
considered as binding authority upon
any OF the inferior courts Of this State,
Except 10 the particular case in which
the decision was. rendered,) unless it
was coucurred in and decided by at least
three judges Of said court. When a
Judgment or decree is reversed or
affirmed by the Supreme Court Of
Appeals, every point fairly arising upon
the record OF the case, shall be con,
siiered and decided; the reasons therefor
shall be briefly and concisely stated in
writing, and preserved with the record
OF the case; and it shall also be the
duty Of the court to prepare syllabus
of the points thus decided in each case,
to be preixed to the published report
thereof.
6. The officers of the Supreme Court
of Appeals, including reporter, shall
be appointed by the court, or by the
judges thereof in vacation, with the
power of removal. Their duties ana
compensation shall be prescribed by
law.
7. There shall be two terms of the
Court OF Appeals, to be held annually,
at such times and places, and with such
an assignment and apportIonment OF the
cases on its docket, as may he prescribed
by law.
s. At the first session, after the adop-
ton OF this Constitution, the Legislature
shall arrange the counties of each grand
division, into two Circuits; the circuits
to be numbered respectively, first,
second, third, fourth, fifth, sixth, sew
enth and eighth; to be formed Of con-
tiguous territory, and as nearly as may
be OF equal population. 1t shall, there
upon, be the duty OF the Governor, to
nominate to the Legislature, a judge for
each of said circuits, who shall have
been resident voter Of the State Tor
not less than five years preceding his
nomination, and shall not be less than
thirty years OF age. Alter such uomi.
nation shall have been approved and
confirmed, by the vote OF majority OF
all the members elected to each branch
OF the.Legislature, the said judges shall
be severally commissioned by the Gov
! ernor. Each of said indpes shall reside