The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-04-13
tOFFICLAL COPY
PROPOSED
NEWC0NSTITUTlON
FOR THE
STATE OF WEST VIRGINIA.
Election on the Question of its Adoption,
ON the Fourth Thursday in August, lsi2.
ARTICLE VIII.
JUDICIARY DEPARTMENT.

Circuit Courts, and the Judges thereof
in County and Corporation Courts, anc
in Justices of the Peace.
SUPREME COURT OF APPEALS.
.. The Supreme Court of Appeal;
shall consist of iour judges, any three
OF whom shall be quorum. lhey
shall he elected by the voters OF the
State, and shall hold their office Tor the
term Of twelve years unless sooner re-
moved, in the manner prescribed 10y
this Constitution. except, that OF those
frat elected, two to be designated by
LOT, in such manner as they may deter
mine and in the presence OF the Gov.
ernor shall hold their offices for tour
wears; a third, to be designated in like
manner, for eigh, years, and the fourth
for twelve wears; so that one or NOR,
shall he elected every 'our years.
.. 1t shall have original jurisdiction
IN cases of hobeaS corpus, ma"damwS and
prohibition. 1t shall have appellate
jurisdiction in civil cases, where tie mat
ter is controversy, exclusive of costs, If
of greater value, or amount than one
hundred dollars; III controversies con
corning the title Of boundaries OF land
the probate OF willis, the appointment oil
qualification of personal representa-
tive, guardian, committee or curator
or concerning a mill, roadway, ferry
or landing; or the right Of q corpora
lion, or county to levy tolls or taxes
and. also, in case OF q"o ,carraNto
kdtcas corpus, mondmus and prohibition
and in cases involving freedom or the
ronslitutionality of Il law. 1t shall
have appellate jurisdiction, in criminal
cases, where there has been a COnvlc"
ton for felony or misdemeanor, in a
Circuit Court, and where conviction
has been had in any interior court
and been affirmed in Circuit Court.
1. No decision rendered hv the
Supreme Court OF Appeals, shall be
considered as binding authority upon
snv Of the inferior courts OF this State,
except in the particular case decided
unless such decision is concurred in
by at least three judges o. said court
). When a judgment or decree 5
reversed, or affirmed, by the Supreme
Court OF Appeals, every point fairly
srising upon the record o. 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 it shall lie
the duty OF the court TO prepare a
syllabus of the points adJudcated in
each case concurred in by three of tn;
Judges thereof which shall he prefxcd
10 the published report OF the case.
i. A writ OF error, sUperscdeaS, oil
appeal shall be allowed only toy the
Supreme Court OF Appeals, or a Judge
thereof, or by Judge OF Circuit Court
, upon a petition, assigning error in the
judgment, or proceeding OF the inferior
court, and then only after the said
Court or Judge shall have examined
and considered the record and assign
ment OF errors, ami is satisfied that
there is error III the same, or that il
presents point proper Tor the c"nsid
-ration OF the Court OF Appeals.
:. II a vacancy shall occur in saiC
Court, from any cause, the Governor
shall issue a writ OF election, to I'LL sucl
vacancy for the residue OF the term
Procided, That il the uacxpirci term
lie less than two YEAR,, the GOvernol
shall appoint Judge to till such va
cancy.
\. The officers OF the Supreme Court
of Appeals, except the Reporter, shalI
he appointed by the Court, or, in vaca
ton, by the Judges thereof, with the
power of removal; their duties and
compensation shall be prescribed 10y
law
9. There shall bc at least two term.
Of the Court of Appeals held annually
st such times and places, ~ mvv h;
prescribed by law.
CIRCUIT COURTS.
10. The State shall he divided into
nine circuits; for each circuit Judge
shall be elected bv the voters thereof
who shall hold his Office for the term o.
eight wears, unless sooner removed, in
the manner prescribed by this Consti
tuition. During his continuance in
Office. he shall reside in the circuit o.
which he is the Judge
II. A Circuit Cour. shall he held in
every county, twice year. But pro
vision may be made by law Tor special
terms; and a judge OF any circuit may
hold the Court in another rcut
II. The Circuit Courts shall have the
supervision Of all proceedings, before
the County Courts and other inferior
tribunals, 10y manddmuS, prohijiion OF
csrtiorari. They shall, except in cases
coniided by this Constitution exclusively
TO some other tribunal, have original
and general jurisdiction OF all matters
at law, where the amount in cont,o
versy, exclusive OF interest, exceeds lily
dollars; in cases OF qto ~arranto, h1beas
r3rp'S, mdHddmuS, or prohibition
and in all cases o. equity, and
0i ielonies aud misdemeanors
They shall have appellate juris
jurisdiction, upon petition and assign,
ment OF error, in all cases o! judgments
DEGREES, and final orders, rendered by
the County Court, and such other inie
rior courts OF record as may be here,
sitter established by law, under the
provisions OF this article, where the
matter in controversy, exclusive O.
COSTS is Of greater value or amount
than twenty dollars; in controversies
respecting the title or boundaries o
land; the probate Of wills, the appoint
ment or qualification of personal
representative, guardian, committee OF
curator; or concerning mill, road
way, ferry or landing, or the right of q
corporation or county to levy tolls OF
taxes; and also in cases Of kaJets corpus
q,to rarantO, maHdamuS, prohijitior
and certiorari, and in cases involving
freedom or the constitutionality of q