The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-01-19
CONVENTIONAL AMENDMENTS
Proposed by the House Judiciary
Committee and Revising the whole
Judictal system.

Proposed by the House Judiciary
Committee and Revising the whole
judicial System.
Resolved By the Legislature of West pir
ginia, tioo-thtrdS Of all the members
elected to each 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 8 of said Constitution, az it new
is, be stricken out, and the following be
inserted therein in lieu thereof:
ARTICLE VIII.
JUDICIARY DEPARTMENT.
l. 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 APPEALS.
.. The Supreme Court of Appeals
shall consist of three Judges, any two OF
whom shall be quorum for the trans
action OF business. They shall be elected
by the voters of the State, and hold their
office for term OF twelve years, unless
sooner 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 be then reduced
to less than three 10 the year 1888, OF
the two Judges then to be elected in the
I a. tarpn ~ nfflnQ shnlI
expire on the 3Ist day OF December, 1883,
one shall be elected for the term OF four,
and the other for term of twelve years,
ana one Judge for the full term OF
twelve years, shall be elected every four
years thereafter.
3. The original and appellate juris-
diction of said court shall be such as
now is or may be, prescribed by law.
4. When q judgment or decree is
reversed or affirmed by the said court
every point fairly arising upon the
record of the case shall be considered
and decided, and the reason
therefor shall be stated in writing and
preserved with the record of the case.
When any Judge of said court is SO
situated in regard to any case pendln
before it as to make it improper for him
to aid in the trial of the same, or is
unable for any cause to attend the sit
tipps of said court, the remaining judges
NAV, if they deem it necessary and
proper. certify the fact to the Governor,
whose duty it shall be to appoint some
fit and proper person, learned in law.
to sit as one of the judges of said court
in the case to which such disability re-
lates, or during the absence of the Judge
80 failing to attend the sitting OF said
court.
G If from any cause vacancy shall
occur in said court, the Governor shall
issue a writ of election to I'LL such va
cancy at the next general election for
tho residue of the term, and in the mean.
time he shall fill such vacancy by ap-
Monument until Judge is elected and
qualified. But If the unexpired term be
less than two years, the Governor shall
fill such vacancy by appointment for the
unexpired term.
:. The officers of said court, except
the reporter, shall be appointed by the
court. or the Judges thereof, IN vacation,
and ma be removed IN like manner.
Their duties, compensation and tenure OF
office shall be prescribed by law.
8 There shall be at least two terms of
said court held annually at such times
and places as now are 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 as it may, by an order en-
tered of record or BY a warrant signed
by the Judges thereof, determine.
Q The state shall be divided into six
teen circuits, and tor each circuit
Judge sh Ill be elected by the voters
thereof who shall hold his office for the
term OF eight years, unless sooner re-
moved in the manner prescribed IN the
constitution. The judges of the Circuit
Courts in office when this article takes
effect shall remain therein until the ex.
n;rstion OF the term for which they have
been elected in the circuits in which
thew NAV respectively reside, unless
sooner removed as aforesaid. A vacancy
in the office of a Judge OF the Circuit
Court shall be filled in the same manner
"a is provided for in the case of a vacancy
in the office of Judge OF the Supreme
Court of Appeals. During his coatlnu-
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.
IL. The Circuit Courts shall have such
original and appellate jurisdiction as now
is, or may be, prescribed by law.
II. Until otherwise provided by law
the State stall be divided into the fol
lowing circuits The county of Ohio
shall constitute the first circuit; the
counties of Hancock, Brooke and Mar.
shall the second; the counties Of Marion
Wetzel, Tyler and peasants the third;
the counties of Monongslia. Preston aud
Grant the fourth; the counties Of Harri
son. Doddridge and Taylor the fifth; the
counties of Wood, Writ and Richie the
sixth; the counties of Gilmer, Lewis
BrsYton ard Webster the seventh
the counties of Barbour Upshur, Ran
dolph and Tucker the eighth; the counties
of Mineral, Hampshire, Hardy and Pen
dleton tho ninth; the counties of Jeffer'
son, Berkeley and Morgan, the tenth
the counties OF Greenbrier, Pocshontss
Fayette, Nicholas and Clay, the eleventh
the counties Of Summers, Monroe, Mer
Ger and Raleigh, the twelfth; the counties
of Wyoming, Mcdowell. Logan anc
Boone, the thirteenth; the counties o
Csben, Lincoln and Wayne, the four
J tenth; the counties Of Mason, Jackson
Rosne and Calhoun, the fifteen. b, anC
, the counties OF Kanawha and Putnam
the sixteenth Circuits. As soon as prac
ticable after the adoption Of this article
the Goyernar shall appoint a Judge fo