The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-03-11
ARTICLE
THE JUDICIARY.

THE JUDICIARY
/. The judicial power shall be a TeS'i i
o III courts, and the judges thereof u u
me comfy and corporation courts anu II
the justices Of the peace
SUPREME COURT OF APPEALS,
o Tho ounreme court Of appeals shal
., tn y, ronr udpes any three Of whom
.6"ll be a quorum, They shall BE- sle SSst
hv the voters oil the State, and sllall ~. ho y
,Go; ' OfIISe for tho term Of twelve years
. suI% sooner removed In the manner pre-
S"ribrd by this constitution. ;,
= il shall have original Jurisdiction II
coSes NJ Eajeai corpus, TnQnddHlts and pro
SfSJIisT Il shall have appellate jurisdlc
,ion IN civil cases where the matter In
contrOyersy, exclusive OF costs, IS O
Ureater value or amount than one hun
1rcI dollars in controversies concerning
the lille or boundaries Of land, the pro
bate Of wills, the appointment or quallll
cation Of q personal representative, guar
dian, committee or curator; or. concern
inc A mill, road, way, ferry or landing OF
tLe right Of q corporation or county tC
lew tolls or taxes and, also, In cases o.
Liyyp cOrpuS. maRdamS and probation
and in cases involving freedom, or The
c0nstiLutionality OF law. II shall have
sppellate Jurisdiction in criminal case
where there has been a conviction iol
felony or misdemeanor In circuit court
and where q conviction has been had In
ony inverior court and been affirmed In
circuit court.
l. No decision rendered by the supreme
court of appeals shall be considered as
binding authority upon any OF the In.
ieriOr courts Of this State, except in the
particular case decided, unless such de.
cislon Is ConCurred In BY at least three
Judges Of said court.
5. When judgment or decree is re.
yersed 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
|, shall be the duty Of the court 10 prepare
syllabus of the points adjudicated in
zach case to be prehxed TO the published
report thereof
.. A writ Of error, supersedeas or ap.
appeal shall only I've allowed by the
supreme court Of appeals, or q judge
thereof, upon petition assigning error in
The Judgment or proceedings OF the In
IcriOr court, and then only alter the said
court or a Judge thereof shall have eX-
amined and considered the record and
assignment Of errors, and Is satisfied that
there is error IN the same, or that II pre-
@nts a point proper for the consideration
Of the court. -.a...,-..
Z. liza vacancy shall occur In said court
from any cause, the Governor shall issue
Awrit Of election 10 fill such vacancy fol
lhe residue Of the term Provided, That L
Tue unexpired term be less than two
years the Governor shall appoint a judge
10 ill such vacancy.
$. The officers Of the Supreme Court Ol
Appeals, except the reporter, shall be ap,
pointed by the court. or by the judge
thereof in vacation, with the power Of re.
mOVal; their duties aud compensation shall
lie prescribed by law. roa, +
.. There shall be at least two terms Of
lbe Court of Appeals held annually at
such times and places as may he pre-.
Sribed 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 office for the term oil
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 Ia
Judge. am4vl % 'l.j-
II, A circuit court shall be held in ev.
erycOunty twice year. But provision
may be made by law for special terms
snda judge OF any circuit may hold the
court in another circuit. al ~ lsoasa...F
IL. The circuit court shall have the
supervision Of all proceedings before the
country courts and other inferior tribu.
nails by mGnddmuS, prohibition or certior.
aH They shall, except in cases confded
by this constitution to some other tribu.
nal, have original and general Jurisdiction
Of all matters at law where the amount
in controversy, exclusive Of interest, ex.
ceeds fifty dollars; and Of all cases in
equity, and Of all iclonies and miSdemear.
oH. They shall have appellate jurisdic!
lion upon petition and assignment Of or.
IOr 10 all cases of Judgments, DEGREES and
nlal orders rendered by the county court
where the matter in controversy, exclu'
slVe ofcosts, is Of greater value or amount
than twenty dollars; In controversies re-
spectlng the title or boundaries Of land
The probate Of wills, the appointment OF
Qualification ola personal representative,
guardian, committee or curator; or con.
rye'ning a mill, road, way, ferry or land
lns, OF tho right Of corporation or coun.
ylolcvy tolls OF. taxes; and also In clses
@ AaOeas eOrpdS, ndnddmus, prohibition
1nd etrtio'ur, and cases involving free.
a0m, or tue constitutionality Of a law; and
nall cases Of conviction under criminal
Prosecution in said court. 1t shall have
such other original Jurisdiction as may,b
Prescribed by law. N laEllEf IN
ID Authority isgranted the Legislature
Ioa1thorizc by law any Indictment for d
%saemeanor, or petit larceny, found by
@e grand jury, Of any circuit court, TO be
sT'uled by said court to the e0unty.c court
NJ Inc county in which The indictment
NN OF shall DO found, iorIfurther pro
sellngs to DO had thereon, in such man
u nst and under such regulations as may bt
prescribed by law, y :
Il The State shall be arranged int
me following circuits: The counties o
hancock, Brooke, Ohio and Marshal
suAll constitute the frat circuit; the coun
an o. Wet1el, Marion, DLonOngalla, Tay
~, DOddridge and Harrison the second
@ecoanties Of Jefferson. Berkeley, Nor
~, !AC third; Hampshire. Minera
want Hardy, and 10 PCndleton III
" '' the counties Of Tyler, Pleas
Ss, MlChie, Wood, Writ, and ca
T T !Ae fifth; the counties Of Randolph
n ruCNTt, barbour, Lewis, Webster, Gil
~H, Preston and Upshur the sixth; III
uulllRR nf IanL...-. Tl.a..u,F IN. -,