Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1872-02-27


The committee to whom was referred 30
much of the existing Constitution of the State
as relates to the Judicial Department. of the
Government, have, according to order, had
the same under consideration, and submit the
following report
L. The judicial power shall be vested in a
supreme court of appeals and in circuit courts
and the judges thereof, in the county and sor-
poration courts, and in the justices of the
peace.
SUPREME COURT OF APPEALS.
2 The supreme court of appeals shall con-
sist of four judges, any three of whom shall
be a quorum. They shall be elected by the
voters of the State, and shall hold their Office
for the term of twelve years, unless sooner re-
moved in the manner prescribed by this Cor
stitution.
8: 1t shall have original Jurisdiction in
cases OF habeas corpus, naandamus and pros
hi6ition. 1t shall have appellate Jurisdiction
exclusive of costs, is of greater value or
amountthan one hundred dollars, in contro.
versies concerning the title or boundaries of
lands, the appointment or qualification of
personal representative, guardian, committee
or curation, concerning a mill, road. way,
ferry or landing, or the right of corporation
or county to levy tolls or taxes; and, also, iu
cases OF hdbeas corpus, n,dne1anlus and prohi-
bition, aud in cases cases involving freedom or
the constitutionaity of law. 1t shall have
appellate jurisdiction in criminal cases where
there has been cony iction for felony or mis-
demeanor in circuit court, and where con-
viction has been had many inferior court and
been affirmed in a circuit court.
4. No decision rendered by the supreme
court of appeals shall be considered.as bind
ing authority upon any of the inferior courts
OF this State. except in the particular case de-
cided, unless such decision is concurred in by
at least three judges of said court
5 When 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 considered and decided and
the reasons therefor shall be concisely stated
in writing and preserved with the record of
the case; and it shall be the duty of the court
to prepare syllabus Of the points adjudcated
in each case to be .prefxed to the published
report thereof
a writ OF error, supersedeas OF appeal
shall only be allowed by the supreme court Of
appeals, or a judge thereof, upon petition
assigning errors in the jud gment or proceed
'ngs of the inferior court or Judge thereof
shaithaSe examined and considered the record
and assignment of errors, and is satisfied that
there is error in the same, or that it presents
point proper for the consideration of the
CONT
Z. IF a vacancy shall occur in said court
from my cause, the Governor shall issue a
writ of election to fill snch vacancy for the
residue OF the term; ProUi7c1, That if the
unexpired term be .less than two years, the
Governor shall appoint judge to ill such va.
cancy.
8. The officers of the Supreme Court of
Appeals shall be appointed by the court, or
by the judges thereof in vacation with the
power OF removal; their duties and compen.
sation shall he prescribed by law
8. There shall be two terms of the Court
of Appeals held annually at such times and
places as may be prescribed By law.
CIRCUIT COURTS
10. The State shall be divided into EIGHT
circuits; for each circuit judge shall be
elected by the voters thereof. who shall hold
his office for the term of eight years, unless
sooner removed in the manner prescribed by
this Constitution. During his continuance in
office. he shall reside in the circuit of which
he is judge.
IL. A circuit court shall be held in every
county twice year. But provision NAV be
made by law for special terms and Judge
of any circuit may hold the court in another
circuit
~. The circuit court shall have the super.
vision of all proceedings before the county
courts and other inferior tribunals by n,nn9n-
mus, prohibition or certiorori. They shall,
except in cases coufded by this Constitution
to some other tribunal. have original and gen
eral jurisdiction of ali matters at law where
the amount in controversy, exclusive of in
terest, exceeds fifty dollars; and of all cases
in equity, and of all felonies and misdemean
ors. They shall have appellate jurisdiction
upon petition and assignment of error in cases
of Judgment, DEGREES aud final orders rem
dered by the county court, where the matter
IN controversy, excluive of costs, is of greater
value or amount than twenty dollars in con.
troversies respecting the title or boundaries
OF land, the probate of wills, the appoints
ment or qualification of personal representa-
tive. guardian, committee or curator =; or con.
cerning mill, road, way, ferry or landing. OF
the right of corporation or county to lew
tolls or taxes and also in cases of huJeds
corpus, na0nonmus, prohibition and certiorari.
aud cases involving freedom. or the constitu,
tionality of law; and in all cases of convic
tion under criminal prosecutions in said court.
u Where the grand jury of any circuit
shall find an Indictment for misdemeanor or
petit larceny, the court shall certify the said
indictment To the county court for further
proceedings to be had thereon. except in cases
of Indictment for perjury or subordinstion of
perjury
IA. The State shall be arranged into the
following circuits: The counties of Hancock.
Brooke. Ohio and Marshall shall constitute
the frs. circuit the counties of wetzel.
Marion, Monongalia, Taylor. Doddridge and
Harrison the second; the counties of Jeffer-
sou. Berkeley, MORGAN. Hampshire, Mineral,
Grant, Hardy and Pendleton the third; the
counties of Tyler. Pleasants, Richie, Wood,
Writ and Calhoun The fourth the counties