The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-01-20

House agreeing thereto:
That the following be, and the same is
hereby, proposed as an amendment to the
Constitution Of this State, to.wit: That
Article s Of said Constitution, as il now
IL, he stricken ont, and the following he
Inserted therein in lien thereof:
ARTICLE VIII.
JUDICIARY DEPARTMENT.
/. The judicial powers Of the State
shall be IN Supreme Court Of Appeals,
in the Circuit Courts, and the Judges
thereof, and in the Justices OF the Peace.
SUPREME COURT OF APPEAIs.
>. The Supreme Court OF Appeals shall
consist Of three Judges, any two Of whom
shall be quorum for the transaction Of
business. They shall be elected by the
voters OF the State, aud hold their office
for the term Of twelve years, unless soon.
er removed in the manner prescribed by
this Constitution, except that the Judges
now in office shall remain therein until
the expiration Of their present term Of
Office, but no Judge Of said Court shall
be elected in the year 1880, unless the
number OF said Judges he then reduced
to less than three. In the year lSSS. Of
the two Judges then to be elected in the
place OF those whose terms OF office shall
expire on the 3lst day Of December, 1883,
one shall be elected for the term OF four
aud the other for the term of twelve
years, and one Judge for the full term of
Twelve years, shall I've elected every four
years thereafter. -IH
3. The original and appellate jurisdic-
ton Of said Court shall besuch ~ now il,
or may be, prescribed by law.
t. When u judgment or decree is re-
yerscd or affirmed by the said Court, every
point fairly arising upon the record OF
the case shall be considered and decided,
aud the reason therefor shall I've stated
in writing and preserved with the record
ol the ease.
3. When any Judge OF said Court is 30
situated in regard to any cases pending
before il as to make it improper for him
to aud in the trial OF the same, or ia nm.
able for any cause TO attend the sittings
Of said court, the remaining Judges may,
il they deem it necessary and proper,
certify the fact to the Governor, whose
duty it shall be To appoint some fit aud
proper person, learned in the law, to sit
~ one OF the Judges Of said Court, in the
case to which such disability relates, or
during the absence OF the Judge so fail
ing to attend the siltings Of said court.
4. II from any cause vacancy shall
all lN,nHl tho (tAVnrTnr ghall
issue n writ OF election TO ill such vacan-
cy at the next general election. for the
residue Of the term, and in the meantime
lie shall ill such vacancy by appoint
ment until Judge is elected and quail.
lied. But il the unexpircd term be less
than two years, tue Governor shall fill
such vacancy by appointment for the
unexpircd term.
:. The officers of said Court, except the
reporter, shall be appointed by tho Court,
or the Judges thereof, and may he re-
moved in like manner. Their duties,
compensation and tenure Of Office shall
he prescribed by law.
S. There shall be at least two terms Of
said Court held annually ut such times
and places as are now or may be- pre-
scribed by law. And the said court may
hold special terms for the hearing or de-
cision Of cases before it, at such times
and places rs il may, by an order entered
Of record or by a warrant signed by the
Judges thereof determine.
CIRCUIT COURTS.
.. The State shall be divided into six
teen circuits, and for each circuit Judge
shall be elected by the voters
thereof, who shall hold his Of
ice for the term Of eight years, rn-
les4 sooner removed in the manner pre-
scribcd in this Constitution. The Judges
Of the Circuit Courts in Office when this
article takes effect shall remain therein
until the expiration Of the term for which
they have been elected in the circuits in
which they may respectively reside, unless
sooner removed as aforesaid. A vacancy
in the office OF Judge Of the Circuit
Court shall be filled in the same manner
AZ il provided for in the case Of 4 vacancy
in the office Of Judge OF the Supreme
Court Of Appeals. During his cOntinu-
ance in Office Judge Of the Circuit Court
shall reside in the circuit Of which he is
Judge.
10. A Circuit Court shall be held in
every county in the State, at least three
times in each year, and provision may be
made by law for holding special terms Of
said Court. A Judge Of any circuit may
hold the Courts in another circuit.
The Circuit Courts shall have such
original and appellate juisdiction as now
isor may be prescribed by law.
IL. Until otherwise provided by law,
the State shall be divided into the follow.
ing circuits The county Of Ohio shall
constitute the first circuit; the counties Of
Hancock, Brooke and Marshall the sec
ond; the counties Of Marion, Wetzel, Ty-
Ter and Peasants the third; the counties
Of MOnongalia, Preston and Grant, the
fourth; the counties Of Harrison, Dodd-
ridge and Taylor, the fifth; the counties
Of Wood, Writ and Richie, the sixth;
the counties Of Gilmer, Lewis, Braxton
and Webster, the seventh; the counties Of
Barbour, Upshur, Randolph and Tucker.
tue eighth; the counties OF Mineral, Ham.
pshire, Hardy and Pendleton, the ninth;
the counties OF Jefferson, Berkeley and
Morgan, tho tenth; the counties Of Green.
htcr, pocahontas, Fayette, Nicholas and
Clay, the eleventh; the counties Of Sum
mcr4, Monroe, Mercer and Raleigh, the
twelfth; the counties OF Wyoming, Nc.
powell, Logan and Boone, the thirteenth;
The counties OF Cabell, Lincoln and
Wayne, the fourteenth; the counties Of
Mason, Jackson, Roane and Calhoun, the
fifteenth, and the counties Of Kanawha
and Putnam the sixteenth circuit. As
soon AZ practicable after the adoption OF
TIL. article the Governor shall appoint a
Judge for eaChtoi the following circuits
The second, third, fourth, eighth, twelfth,
thirteenth and sixteenth, and the Judges
@apPOinted shall hold their Office until
Tue Slst Of December, 1880, unless sooner
removed in the manner prescribed by
this Constitution.
IL. The Legislature may re.arrange
the circuits herein provided for at any