The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-02-15

Clay, Gllmef, Nicholas, Pocahontas anu
Braxton the seventh; and the counties
of Cabell, Wayne. Lincoln, Boone,
Logan, Wyoming, Fayette, Raleigh and
Mcdowell the eighth.
Is. The Legislature may, after the
expiration OF five years from the time
this constitution goes into operation,
rearrange the circuits, but the number
Of circuits shall not then be increased,
aud no Encouragement Of the circuits
shall have the effect OF removing a
Judge from 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 prop,
erly 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-five hundred dollars per
annum, 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
during his term of office shall practice
the profession of law, or hold any other
Office, appointment or public trust under
this or any other government, and the
acceptance thereof shall vacate his
judicial office; nor shall he, during his
continuance therein, be eligible to any
political office.
IS. judges may be removed from
Office by a concurrent vote OF both
houses of the Legislature, where from
age, disease, or mental or bodily iufirm-
ity they are incapable OF discharglng
the duties OF their offices. But two
thirds OF the members elected to each
house, must concur in such vote; and
the cause of removal shall be entered
upon the journals OF each. The Judge
against whom the Legislature may be
ABOUT to proceed shall receive notice
Thereof accompanied with the causes
alleged for his removal, at least twenty
DAYS before the day on which either
House OF the Legislature shall act
thereupon.
l9. The judges OF the Supreme Court
OF Appeals, OF the Circuit Courts, and
all other officers OF this State, may be
impeached for mal-administration, cor
ruptiop, incompetency, neglect Of duty,
or any high crime or mlSdemeanor.
The House OF Delegates shall have the
sole power Of impeachment; the Senate
shall have the sole power to try in
peachment3. When sitting as a court
OF Impeachment, the President Of the
Supreme Court of Appeals, or If from
any cause it be improper for him to act,
then any other judge OF that court, to
be designated by it, shall preside. And
the Senators shall be on oath or affirm
alton; and no person shall be convicted
without the concurrence OF two-thirds
OF the members present. Judgment IN
cases OF impeachment shall not extend
further than the removal from office,
and the disqualification to hold any
office of honor, trust or profit under
the State; but the party convicted shall,
nevertheless be liable and subject 10
indictment, trial, judgment and punish
ment, according TO law. The Senate
NAV sit during the recess OF the Legs
lature for the trial OF impeachments.
~. The voters OF each county shall
elect clerk OF the circuit court, whose
term OF office shall be six years his
duties and compensation and the
mode of removing him from office
shall be prescribed by law and when a
vacancy shall occur in the office, the
Judge OF the Circuit Court shall appoint
clerk, who shall discharge the duties
OF the office until the vacancy is filed.
In any case in respect TO which the
clerk shall be so situated as to make t
improper Tor him to act, the court shall
appoints substitute.
II. The clerks OF the Circuit Courts
aud the clerk OF the Supreme Court OF
Appeals, shall, under such regulations
as may be prescribed by law, make an
annual report to the Auditor, exhibiting
the number OF suits commenced, pend,
ing AMI decided in their respective
courts, and the number OF days the
courts were in session during the year,
which shall he condensed by said
officer, and made a part OF his annual
report to the Legislature.
-. At every regular election OF a
Governor, an Attorney General shall be
elected He shall be commissioned by
the Governor, and shall periorm such
duties and receive such compensation
as may be prescribed 10y law.
%. Wherever the Legislature is pro-
hibited by this Constitution from doing
any particular act, and the same shall
be done in violation of such express
prohibition, it shall be the dnty OF the
courts, upon proper case presented
before them, to declare such act null
and void.
"a. lhe Legislature may establish
courts OF limited jurisdiction within
any incorporated town and city, subjec;
to appeal to the Circuit Courts, as
prescribed in appeals from the county
court.
% Writs shall run in the name OF
the State o! West Virginia. lndict-
meats shall conclude against the peace
AMI dignity of the State.
26. The Legislature shall not, by
any act, take from the people their
right to elect their own officers as the
same is prescribed in this Constitution;
nor shall it confer upon any court or
judge the power OF appointment to office
further than the same is herein pro-
vided for
COUNTY COURTS.
% There shall be 10 each county OF