The democrat. [volume] (Weston, W. Va.) 1868-1874, 1872-04-29

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cult Court.
4. No decision rendered by the su.
premc Court Of Appeals, shall be con.
,idcred as binding authority upon any
ofthc inferior courts of this State, OK.
ccpi in the particular case decided, un.
less such decision is concurred. by at
least three judges Of said court.
5. When q judgment or decree is re-.
vcrsed, or affirmed, by the Supreme
Court of Appeals, every point fairly
arising upon the record Of the case.
hail be cousil red, and dcci.lcd; and
the reasons therefor shall he concisely
satrd in writing. and preserved with
the record oftho case; aud it shall lc
the duty Of the Court to prepare sy'.
labus Of the points adjulicaird in each
case concurrCd in by three Of the judges
thereof, which shall be prrfxcd to tie
published report of the case.
G. A writ Of error, suprrsCdcas. CT
appeal shall be allowed only by the Sn'
prcmc Court Of Appeal, or a Judge
thereof, or by Judge Of a Circuit
Court, upon petition assigning error
in the judgment or proceedings Of the
inferior court, and then only after the
said Court or Judge shall have exam.
inCd and considered the record and as.
signmsn; ofcrrors, and is satisfied TINT
there is error in the same, or that it
presents point, proper for the conSid.
Grafton Of the Court Of Appeals
I. If vacancy shall occur in said
Court. from any cause, the Governor
shall issue a writ Of election, to GIL such
vacancy for tho residue of the term
PrOrhicd. That II the unrxpircd term
be less til an two years, the Governor
shall appoint Judge to Gil such va.
rancy
S. The officers Of the Supreme Court
Of Appeals, except the Reporter, shall
be appointed By the Court, or, in vnca.
ton, hy the Judges thereof, with the
power ofr'moral; their duties and com.
pCnsation ,hall be prescribed By law.
0 There shall be at least two terms
If the Couat Of Appeals held annually.
at such times and places as may be
prescribed by law
10. The State shall be divided into
nine circuits; for each circuit Judge
shall be elected by tho voters thereof,
who shall hold this office for the term
eight years, uAless sooner rcmovcd in
the manner prescribed by mis- Con.
siitution. Du ipg his continuance in
Office he shall reside in the circuit Of
which he il Judge
II. \ Circuit Court shall be held in
every county twice a year But pro.
vision may be made By law for special
terms; aud judge Of any circuit may
hold the court in another circuit.
IL The Circuit Courts shall have
:hc supervision ofall proceedings before
the County Courts, and eth,r inferior
tribunals, hy mnalumus, prohibition,
or crtiosrri, They shall. except in
eases confined by this Constitution TX.
clusiycly ia some Other tribunal. have
original and general jurisdiction Of all
matters j, Law. where the amount in
controversy, exclusive Of interest, tx.
cecds ftly dollars: in cases Of quo
irdTdato, haLeos corpus. mGudamWg,or
prohibition; aud iu all cases Of equity.
aud OF oil fclonies, and mi'dcmranOrs
They shall have appellate jurisdiction.
upuu petition aud assignment Of error.
iu all ea.ss OF judgments, DEGREES, and
fnal orders, rendered by the County
Court, and such other interior courts Of
record as may be hereafter established
by Law under the provisions Of this ar.
lirlr, where the natrcl in controversy,
exclusive Of costs, is ofgrCaier value or
amount illan twenty dollars; III con.
lroYcrsics respecting the title. or buuu.
darirs Of land ths probate Of wills tie
appointment, or qualification Of per-
snnal representative. guardian. COM
mitto,, or curator; or concerning
nil al, way, ferry. or landing, OF
tho right Of corporation. or county TO
levy tolls. or ta8cs; and $50 in cases
oi haltds corpus. quo irartnto, man.
dinnI, prohibition, and cefii0rGri.and
in cases Involving freedom. or the con.
stliuticnality OF law; and IN all cases
Of conviction under criminal prosccu.
iious in said court. lishall have such
original jurisdiction as may he prr.
.cribed by law
10 Tie Legislature may authorize
by general law, any indietmen, for a
nisirmsanor found BY the grand jury
of auy Circuit Court, to be certified by
said court to the County Court Of thu
county IN which the indictment shall
be found, for further proceedings to be
ha d thereon, 10 such manner. and uu.
der such regulations, as may be pre-.
,cribcd by law.
II The State shall be arranged into
The following circuits: The Counties of
Hancock, Brooke, Ohio aud Marshall,
,halI constitute the first circuit the
counties Of Wcilcl, Marion. Monunga.
la, Taylor, Dodlridec and Harrison.
he second; the counties of Jefferson,
aud Morgan the third; the
,ounties of Hampshire, Mineral, Grant.
Hardy aud lendlptnu, the fourth the
'oan'ies Of Tyler, PleasNuis, Richie, |
Wood, Writ aud Calhoun. the fifth
he cluniips of Raudnlrh Turi,r