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


Hardy and Pendleton, the fourth the coun>
ties of Tyler, Peasants, Ritchie, Wood, Writ
and Calhoun the fifth; the counties of Rams
doph, Tucker, Barbour, Lewis, Webster,
Gilmer, Preston and Upshur the sixth the
counties of Jackson, Roane, Putnam, 1lana>
wha and Mason the seventh; the counties of
Greenbrier, Monroe, Fayette Summers, Clay,
Nicholas, Pochahontas and Brax ton the eighth;
and the counties of Cabell, Wayne, Lincoln,
Boone, Logan, Wyoming; Mercer, Raleigh
and Mcdowell the ninth
10. The Legislature may, after the expira-
tion of five years from the time this constitu-
tion goes into operation, re-arrange the cir
cults, bat the number of circuits shall not
then be increased and no Encouragement
of the circuits shall have the effect of remov-
ing Judgessfrom Office. After the CENSUS of
1880, it may increase the number of circuits,
so as not to exceed one circuit for every fifty
five thousand inhabitants of the State.
l6. The Legislature shall provide by law
for holding Circuit Courts where, from any
cause, the Judge shall fail to attend, or, If
IN attendance, cannot properly preside.
GENERAL PROVISIONS.
II. All Judges shall be commissioned by
the Governor. The salary of the Judges Of
the Court of Appeals shall be twenty. two
hundred and fifty dollars per annun,, and that
of the Judges of the Circuit Court Shall be
two thousand dollars; and each shall receive
the same allowance for necessary travel. as
members of the Legislature No Judge. du.
ring his term of office, shall practice the pro-
iessIon of law, or hold any other office, ap>
poIntment, or public trust, under this or any
other government, and the acceptance thero>
of shall vacate his judicial office; nor shall
he, during his continuance therein, be eliei-
BILE to any political Office.
IS. Judges may be removed from office by
a concurrent vote of both fIouses of the Leg
islafure, where from age, disease or mental
or bodily intirmity, they are incapable of dis
charging tho duties of their Offices. But
twothlrds of tho members elected to each
llonse must concur in such vote; and the
cause OF removal shall be entered upon the
Journals of each House. The Judge against
whom the Legislature may be about to pro-
cced, shall receive notice thereof, accompa>
nied with the cause alleged for his removal.
at least twenty days before the day on which
either House Of the Legislature shall act
thcreupon.
10. The voters eff each county shall elect
Clerk OF the Circuit Court, whose term of
Office shall be six years ; his duties and COM
pensation, and the mode of rembvinc him
from Office, shall be prescribed by law; and
when vacancy shall occur in the Office. the
Judge OF the Circuit Court shall appoint a
Clerk, who shall discharge the duties of the
Office, un:il the vacancy shall be filled by cleo
tion. In any case in respect to which the
CLERK shall he situated as to make it i'm
proper tor him to act, the Court shall appoint
u substitute
20. The Clerks of the Circnit Courts, and
the Clerk of the Supreme Court of Appeals,
shall. under Surh rnUulatiops 20 ,,,,,, L.
s3rihed ny law, make an annual report to the
Auditor, exhibiting the number Of suits com,
menced, pending and decided in their re-
spectlve courts, and the number of days the
courts were in session during tho year, which
shall be condensed by said Auditor and made n
part OF his annual report to the Legislature
81. Wherever the Legislature is expressly
prohibited, by this Constitution, from doing
any particular act, and the same shall be done,
in violation Of such prohibition, it shall be
the duty the courts, upon proper case pre-
sented before them, to declare such act null
and void.
%. The Legislature may establish courts
OF limited jurisdiction within any incorpora>
ted town or city, subject to such appeal as
now is, or may hereafter be, prescribed by
law.
COUNTY COUNTS.
%. There shall be in each county of the
State, County Court, which shall be COM
posed OF President and two Justices of the
Peace, except when, by this Constitution. the
presence OF a greater number is required
1t shall hold six sessions during the year, at
times to be prescribed by law Two of which
shall be limited to matters connected with
the police and fiscal affairs of the county:
the other four shall be held for the trial of
causes, and for the transaction of all other
business within the general jurisdiction of
the court, except an assessment or lew upon
the property of the county. In all cases
where levy Of the county is laid majority
of all the Justices elected in the county shall
be necessary to constitute a quorum for the
transaction of that business
"a. The President of the Court shall be
! elected by the voters of the county, and shall
hold his Office for the term of four years. 1t
shall be his duty to attend each term of the
said Court, and he shall receive for such SER
vice four dollars for every day he presides in
Court, to be paid from the county treasury.
He shall also perform such other duties, and
receive such compensation therefor. as NAV
be prescribed by law, except that he shall
not be authorized to try causes out of Court
When from any cause he is unable to attend
as President of the Court, any Justice may
be added to make the court, who. in coniunc-
Ntiou with the other two, may designate one
of their own number to preside in his ab-
sence.
25. Each county shall be laid off into dis
tricts, not less in number than three, nor
more than ten, as nearly equal as may be in
territory and population. In each district
there shall be elected by the voters thereof,
one, and not, more than two, Justices of the
Peace, who shall reside in their respective
districts, and hold their Office for the term of
four years. The present subdivisions of the
courties by townships shall constitute such
districts until changed by court constituted
] Of majority Of the Justices of the county