Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1872-05-07

taent or allowance. except as herein otherwise
provided, shall be paid or made out of the
Treasury of the State to any of the foregoing
executive Officers, on any account.
ARTICLE Will
JUDICIARY DEPARTMENT
1. The Judicial power shall be vested in
Shpreme Court of Appeals and in Circuit
Courts, and the Judges thereof; in County
and Corporation Courts, and in Justices of
the Peace.
SUPREME COURT OF AppEALs
2. The Supreme Court of Appeals shall
consist of four Judges, any three of whom
shall be quorum. They shall be elected by
the voters of the State, aud shallshold their
office for the term of twelve years, unless
sooner removed, in the manner prescribed by
this Constitution, except that of those first
elected, two to be designated BY lot. in such
manner as they may determine, and in the
presence of the Governor shall hold their
offices for four years; athird to be de-
sgnated in like manner, for eight years, and
the fourth, for twelve years; so that one or
more shall be elected every four years.
3. 1t shall have original jurisdiction in
cases OF hdbc0s corpus, nannddmWS and pro-
hiG't1on. IT shall have appellate jurisdiction
IN civil cases, where the matter in consrover~
amount than one hundred dollars; in contro-
versies concerning the title of boundaries of
land. the probate of wills, the appointment or
qualification of a personal representative,
guardian, committee or curator; or concern
ing mill, roadway, ferry, or landing; or
the right OF corporation, or county to levy
tolls or taxes; and, also, in case Of quo qcar-
rGnto, h0bc0S corpus, mdn07umnS and 7rOht.
GHiOm, and in cases involving freedom or the
constitutionality of law. 1t shall have APP
pclate jurisdiction, in criminal cases, where
there has been conviction for felony or mis-.
dcmc9nor, in Circuit Court, and where a
conviction has been had in any inferior court,
and been affirmed in Circuit Court.
f. No decision rendered by the Supreme
Court of Appeals, shall he cosidered as bind.
ing authority upon any Of the inferior courts
of this State, except in the particular case
decided. unless such decision is concurred in
by at least three judges or said CONT.
5. When Judgment or decree is reversed.
or affirmed. hy 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 coucisely
stated in writing, aud preserved with tho
record OF the case and t shall he the duty
OF the court to prepare n syllabus of the
points "diudica'cd in each case concurred in
hy three of the judges thereof which Shall be
PrrGzed to the published repnrt of the case.
writ of error, supcrsedeas. or appeal
shall he allowed only hy the Supreme Court
of Appeals. or a Judge thereof, or by
Judge of Circuit Court upon petition, as.
signing error III the Judgment, or proceedings
OF The inferior court and then only alter the
said Court or Judge shall have examined aud
considered the record and assignment Of cr.
iS fol ~ +io-
s"r.n, or that it presents rgint proper for the
consideration Of the Court of Appeals.
Z. If vacancy shall nccur in said Court.
from any cause, the Governor shall issue
writ Of election, to eli such vacancy for the
rcsidnc of the term Z Prooi1et1, That if the
u1eXPircd term, be dess than two years the
Governor shall appoint judge to fill such
vacancy
8. The officers of the Supreme Court of
Appeals, except'tte Reporter, shall he ap>
pointed by the C"nrt, or, in vacation, by the
Judges thereof, with the power of removal
their duties and compensation shall be pre-
scribed by law
9. There shall be at least 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 nine
circuits; for each circuit Judge shall be
elected by the voters thereof, who shall hold
his ottlce for the term of eight years. unless
sooner removed, in the manner prescribed bv
this Constitution. During his continuance in
Office, he shall reside in the circuit of which
he is the Judge.
IL. ~ Circuit Court shall be held in every
county, twice year. But provision may be
made by law for special terms and Judge
OF any circuit may hold the Court in another
circuit
II. The Circuit Courts shall have the SUI
pcrVisiOn of all proceedings. before the County
Courts and other Inferior tribunals, by mans
d0m"s, prohibition or certiordri. They shall.
except in cases contded by this Constitution
exclusively to some other tribunal, have
original, and general jurisdiction of all mat
tiers at law, where the amount in controversy
exclusive of interest, exceeds fifty dollars in
cases OF Q"o r""r""to, AG6ens corpus mans
ddnluS, or 2rnhibitiom and in all cases of
equity, and OF all felonies and misdemeanors
They shall have appellate jurisdiction, upon
petition and assignment of error, in all cases
of Judgments, DEGREES, and final orders, rem
dered by the County Court, and such other
inferior courts Of record as may be hereafter
established by law, under the provisions of
tins article, where the matter in controversy.
exclusive Fof costs is of greater value or
amount, that twenty dollars in controversies
respecting the title or boundaries of land :;
the probate of wills, the. appointment or
qualification of personal representative,
guardian, committee curator; or concern
ing mill, road, way, ferry or landing, or the
right OF corporation or county to levy tolls
OF taxes; and also in cases of haJcaS corpus,
/ Q"o 'r"rrn"to, mom7umus, prohibition and
ceTt'0ra1, and in cases involving freedom or
the const!tutionaiity of law and in all cases
of conviction under criminal prosecutions in
said court. 1t shall hive such other original
jurisdiction may by prescribed 10y law
l3. The Legislature may authorize. BY