Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1873-02-11

and prescribing its manner of proceeding.
Approved January II, 1873.
Be 1t enacted by the Legislature Of Vest Nir.
ginin:
l. That the supreme court of appeals shall
consist of four judges, elected and qualified
according to the constitution aud laws, any
three of whom shall be quorum
q They shall designate one of their body
to be the president of said court In the alb,
sence OF the president any other judge desig
mated by the judges present shall act as presi
dent.
3. Three sessions of the supreme court of
appeals shall be held every Year: one in
Charleston. in the county of Kaaawha, COM
mencing on the second Wednesday in Janus
airy, provided that the session in 1878 shall
commence on the thirteenth day of January;
one in Charlestown, in the county of Jeffer>
son, commencing on the first Wednesday in
August, and one in Wheeling. in the county
of Ohio, commencing on the first Wednesday
in June, and continue until the business is
DISPATCHED.
The original jurisdiction of the court of
appeals shall extend to cases or haheas corpus,
mandamus and prohibition Tho apuelate
jurisdiction shall extend to civil cases, where
the matter in controversy exclusive of costs is
" hundred
dollars; in controversies concerning the title
or boundaries of lands the probate of wills,
the appointment and qualification of per-
sonal representative, guardian, committee or
curator /; or corcernine a mill, road way. ferry
or lauding, OF the right of CORPORATION or
county to levy tolls or taxes aud also 10 cases
of ono warrnnto. haheas corpus, man2amus
and prohibition, and in cases involving frees
dom or the oops'itutionality of a law ltshall
have appellate jurisdiction in criminal cases
where there has been conviction for felnny
or misdameanor in circuit court, ard wharo
a conviction has been hmd in any Inferior COURT
and been affirmed in circuit count All suits
and proceedings which shall be pending iu tho
present supreme court of appeals 90 the ,hir;y>
first day Of December, in the year eighteen
hundred and seTcuty-two. shall he proceeded
in and determined by the supreme court of ap>
rcalS the judges OF which were elected on
the twcrtv-Sccond 3av Of August eiuhtoeu
hundred ard seyenty>two.
5 The swrr"me court of arpesls or judges
tteE""f IN vacation. nsy appoint clerk -
They may also nproint ~ .ipSr,,ff and ruessen,
ecr for eaoh place Of holding ~ G said oau,t.
III of which skid officers shall he removable
at tho n'ensUre of Snid court ar jud2cS
G. The oIcrk. before entering up"u .be dis
charge Of the duties Of his oficc, S:,4ll. he-
faTe the said court, or judges in vac, tiru, ex-
ecute h"nd with good security, u ,he uen>
ally Of ten 'Anussna dollars, uxyah:c 20 the
s'sts Of West Virginia, c"u1iei"nrd Cor the
f.itLi"' d;s"tsrle Of the Aurics Of his rtirc.
Z. TIE Site shall lie divided inso three
Judicial e:snd divisions, as fellows:
TIE first grand division shall cru.is. Of the
counties oomuoSing the FIRST, secrad finh and
sixth jnicial circnits tho seanrd grand di-
vision sh al consist of ths cnu.tes Contrasting
the 'hird ard fourth iudca circuits; the
third grand division shall cnnSiS, of the rnrn
ties composing the seventh, eighth and ninth
judicial circuits Each case shall hc hesra
rnd determined in IT'S OWL "rxnd Gi:iSion. ex
c"pt by consent Of rn,ties or their oo,iusal ia
writing, or unless the rar'i"s desiring the
h-.sine shall have given wrttcn nnr;re of .t
least t'',tv days before the ,mencemrn, of
the term 10 the opposite party or his counsel,
OF his intention to insist bearing, when
th~ same may he heard and d, termned ou, OF
lis grand division.
3. Before the commend ment or each sos
sion of the court o? appeals. rse clerk s;,ll
make out dnsSnt of the cruises than r.,.iy
for hearing in the grand division whore the
Session at the court is .lnut t. he heid
They shall he numbered by G.nr.- and
shall be d"cketed in the order !" whi.,, t.e
records we're received. md re kca.,. in the
s"'"c ORDER, EXCEPT for good Cause shown the
court may order otherwise
the docket shall be arranged IN such order
as the court may designate, nrd m ..rh cir-
cult the clerk shall assign reasonable por.
tiun of the term
Thirty dnvs before the term is to commence
the clerk shall cause to be printed on sui,
ficient number of slips the order in which the
circuits are arranged, the causes for trial and
the days assigned to each circuit, and mail one
copy thereof to each judge Of the supreme
court of appeals. and to each judge Of cir
cult court and ten copies tn each clerk of
circnit court. The court shall hear the causes
10 that that order. except that when the cases
from any circuit are not all heard on the davs
assigned to it, they shall not he hear on days
assigned to another circuit when it will in
tertere with causes therefrom, hut may he
heard when there will he no such interference.
But the provisions of this section shall not
apply to the session of the said court to be
held in Charleston. commencing on the thir-
teenth day of the present month, hut the said
court at said session shall be lett free t. regu-
late its docket, and to direct the manner of
conducting the business of the court as shall
seem best.
9. No decision rendered by the Supreme
court of appeals, shall he considered as bind
ing authority upon any inferior courts of this
State, except in the particular case decided,
unless such decision is concurred in by at least
three judges of the court
10 When a Judgment ordecree is rendered
or affirmed by the supreme court of appe.ls,
every point fairly arising uron 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 it shall be the duty of the cnnrt
to prepare syllabus of the points adludica-
ted in each case, concurred in by three of the
judges thereof, which shall be profzed to the
published report of the case
IL. IF at any time there be on the docket
of the supreme cnnrt of anneals at either