The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-02-15
THE CONSTITUTION.
Judieial Organization OF the Stat

I
the State as relates to the Judicial De-
partment 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 corporation courts,
and in the justices OF the peace.
SUPREME COURT OF APPEALS.
.. The supreme court OF appeals shall
consist 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 wears, unless sooner removed 10
the manner prescribed by this Canstitu-
ton.
3. 1t shall have original jurisdiction
10 cases OF ha6s1s corpus, rlan4lnsus and
prohibition. It shall have appellate
Jurisdiction in civil cases where the
matter in controversy, exclusive OF costs,
is OF greater value or amount than one
hundred dollars; in controversies con-
corning the title or boundaries OF lands,
the appointment or qualification OF a
personal representative, guardian, com
mitIee or curator, concerning a mill,
road, way, ferry or landing, or the right
Of s corporation or county to levy tolls
or taxes; and, also, in cases OF ka5eds
corpus, mladamu; and prohibition, and IN
cases involving freedom or the constitu-
tionality of law. 1t shall have appel.
late jurisdiction in criminal cases where
there has been q conviction for felony
or misdemeanor in circuit court, aud
where conviction ha. been had in any
inferior court and been affirmed in q
circuit court.
I. No decision rendered by the SUI
preme court OF appeals shall be consid-
cred AZ binding 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 OF said court.
5.'When judgment or decree IS re.
ve-sed 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 il shall be the
duty Of the court TO prepare syllabus
OF the points adjudicated in each case
to be preixed TO the published report
! thereof.
8. A writ OF error, supersedeas or
appeal shall only be allowed by the
supreme conrt OF appeals, or a Judge
thereof, upon petition assigning errors
in the judgment or proceedings OF the
inferior court, and then only after the
said court or a Judge thereof shall
have examined and considered the
record and ass gnment OF errors, and i.
| satisfied that there is error in the same,
or that it presents point proper for
the consideration OF the court.
:. If vacancy shall occur in said
court from any cause, the Governor
shall issue s writ of election to fill such
vacancy for the residue OF the term;
Prgrid.l, That if the unexpired term
be less than two years, the Governor
shall appoint judge to ill such Va
cancy.
5. The officers Of the Supreme Court Of
Appeal. shall be appointed by the court,
or by the judges thereof in vacation,
with the power of removal; their duties
and compensation shall be prescribed
by law.
9. 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 Constitu-
ton. During his continuance in office,
he shall reside in the circuit OF which
he is Judge.
II. A circuit court snail be held in
every county twice a year. But pro-
vision may be made by law for special
terms; and judge OF any circuit may
hold the court in another circuit.
10 The circuit court shall have the
supervision of all proceedings before
the county courts and other inferior
tribunals BY mGndlmus, prohibition or
csrti0rari. They shall, except in cases
contided by this Constitution to some
other tribunal, have original and gene
raj jurisdiction Of all matters at law
where the amount in controversy, ex-
elusive OF interest, exceeds fifty dollars;
and of all cases in equity, and OF all
felonies and misdemeanors They shall
have appellate jurisdiction upon petit
ton and assignment OF error in cases OF
judgment, DEGREES and final orders
rendered BY the county court, where
the matter in controversy, exclusive o:
costs, is OF greater value or amount
than twenty dollars in controversies
respecting the title or boundaries OF
land, the probate Of wills, the appoint
ment or qualification OF a personal
representative, guardian, committee or
curator; or concerning a mill, road,
way, ferry or landing, or the right OF
corporation or county to levy tolls or
taxes; aud also in cases OF hdbeas corpus,
upQadGmus, prohibition and certiorari, and
cases involving freedom, or the cousti-
nationality of law; and in all cases Of
conviction under criminal prosecutions
in said court.
! l3. Where the grand jury OF any
circuit shall find an Indictment for q
misdeneanor 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 in-
dictment for perjury or subornation Of