The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-03-07
supREME COUNT or ArrrAIs.

SIC. 2. The Supreme Court Of Appeals
shall consist Of four Judges, any three OF
whom shall be quorum for the transac.
ton Of business. They shall be elected BY
the voters Of the State, and hold their
Office for the term OF twelve years, unless
sooner removed In the manner prescribed
BY this Constitution, except that the
Judges in Office when this article takes ei-
feet shall remain therein until the expira.
ton Of their present term Of office.
SIC. 5. It shall have original jurisdic.
ton in cases Of hdbeds corpus, niaMddm,is
and prohibition. It shall have appellate
Jurisdiction in civil cases where tie mat.
ter In controversy, exclusive OF costs, is OF
greater value or amount than one hundred
dollars; in controversies concerning the
title or boundaries Of land, the probate Of
wills, the appointment or qualification OF
personal representative, guardian, com.
mittee or curator; or concerning mill,
road, way, terry or landing; or the right
OF o corporation or county TO l0Yy tolls or
taxes, and also in cases OF quo mr.
rdntO, hdbeaS corpus, mdndamuS, certi0rdri
and prohibition, and in cases involving
freedom or the constitutionality OF u law.
1t shall have appellate Jurisdiction in
criminal cases where there has been q con.
yiction for felony or misdemeanor in d
Circuit Court, and where q conviction has
been had in any inferior court and been
affirmed in Circuit Court, and in cases
relating to the public revenue, the right
of appeal shall belong to the State as we'll
as tie defendant, and such other appellate
Jurisdiction, in both civil and criminal
cases, as may be prescribed by law.
SEC. 4. No decision rendered by the
Supreme Court OF Appeals shall be con-
sider0l IA binding authority upon any Of
the inferior courts af this State, except in
the particular case decided, uhlGss such
decision isConGurred In bV at least three
Judges OF said court.
SIC. s. When judgment or decree is
reversed or affirmed by the Supreme
Court Of Appeals, every point fairly arts
ing upon the record OF the case shall be
considered and decided and the reasons
therefor shall be coneisely stated Up writ
ing, and preserved with the record OF the
case; and it shall be the duty Of the court
to prepare syllabus OF tho points a1iudi-
Gated in each case GonGuFred In by three Of
the Judges thereof, which shall be prefixed
to the published report OF the case.
SIC. 6. A writ OF error, Mpr&deas, or
appeal shall be allowed only by the Su-
preme Court OF Appeals or Judge there
Of, upon petition assigning error in the
judgment, or proceedings Of the inferior
court, and then only after said Court or
Judge shall have examined and considered
the record and assignment Of errors, and Is
satisfied that there is error in the same, or
that II presents point proper for the con-
slderation Of o Supreme Court Of Appeals.
SEC. Z. II from any cause q vacancy
shall occur in the Supreme Court OF Ap.
peals, the Governor shall issue writ Of
election so fill such vacancy at the gen
eral election for the residue OF the term
and in the meantime he shall ill such va
cancy by appointment until Judge is
elected and qualified: But If the unex.
pired term be less than two years the
Governor shall FIJI such vacancy by Rp-
pointment for the unexpired term.
SEC. s. The officers OF the Supreme
Court OF Appeals, except the Reporter,
shall be appointed by the Court, or, IN
vacation, by the Judges thereof, with the
power OF removal; their duties and com
pensation shall be prescribed by law.