The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-02-11

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Judges Thereof, and such Judges may hol
courts In the county or in different cour
ties within the circuit ut the same time o
at different times as may be prescribed b.
law,
Sic. II. A Circuit Court shall DO he'll
In every county in the State, at least thrc
times IN each year, and provision may b
made by law for holding special terms q
said court. A Judge OF any circuit ma
hold the courts in another circuit.
SEC. IL. The Circuit Court shall hay,
the supervision and control Of all pro
ceedings before justices and other infe
rior tribunals, by ntandGmus, prohibition
cErtiorari, and In all cases Ofhdbeas cOrpu
and quo lpuTdnto. They shall, except II
cases ConGded exclusively by this Consti
tuition To some other tribunal, have orig
inal and general jurisdiction Of all mat
tiers at law, where the amount in contro
yersy, exclusive OF interest, exceeds TWEEN
ty dollars, and OF all cases in equity and 0
all crimes and misdemeanors. They shal
have appellate Jurisdiction in all cases
civil and criminal, where an appeal, wri
Of error or Superseueas may be allowed L
the judgment or proceedings OF any ihfe
rlor tribunal. They shall also have suCl
other jurisdiction, whether supervisory
original, appellate, or concurrent, us is ol
may be prescribed by law..3
SIC. IS. Until otherwise provided 'by
law, the State shall be divided into the fol
lowing circuits:
''The counties OF Brooke, Hancock, Ohio
and Marshall, shall constitute the First
Circuit; the counties Of Monongalia, Ma.
rion and Harrison, the Second; the coun.
ties Of Preston, Taylor, Barbour, Tucke,
and Randolph, the Third; the counties ol
Wetzel, Tyler, Richie and Doddridge, the
Fourth; the counties OF Wood, Writ and
Peasants, the Fifth; the counties Of jack.
son, Roane, Calhoun, Gilmer and Clay, The
Sixth; the counties Of Putnam, Kanawha
and Mason, the Seventh; the counties oi
Cabell, Wayne, Lincoln and Logan, the
Eighth; the counties Of Mcdowell, AIer.
Ger, Raleigh, Wyoming and Boone, the
Ninthj the counties of Greenbrier, Mon.
roe, Summers, Fayette and POcahontas, the
Tenth; the counties OF hUpshur, Lewis,
Braxton, Nicholas and Webster, the Eley.
enth; the counties OF Grant, Hardy,
Hampshire, Mineral and Pendleton, the
Twelfth; the. counties of jefferson, Rerke.
ly and Morgan, the Thirteenth."I
SEcd4. The Legislature may re.arrange
the circuits herein provided for at any ses.
sion thereof, next preceding any general
election ofthe Judges OF said circuits and
alter the year 1888, may at any such ses-
sion increase or diminish the number
thereof! hsw 80 % I
SEC. Is. The Legislature shall provide by
law; for heholding Of the Circuit Courts
In cases Of absence, sickness or other disa-
hility ofthe Judge thereof.
SIC. 10. All Judges shall be com.
missioned by the Governor. The
salary of the Judges ;of the Court
OF Appeals shall be S2,25O 90 per
annun; anl' that otithe Judges Of the Cir
cult Court shall be s., 800 per anniim. And
each shall receive the same. mileage 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 lhtS Continuance
therein, be eligible to any political Office.
SRc, Z. Judges may be'removed from Of
flee BY a concurrent, vote OF both houses Of
the Legislature, when from age, disease,
mental or other bodily inGrmity, they are
incapable oflischargIng the duties OF their
Offices. But two; thirds Of oil tile members
elected 10 each House must concur in such
vote, and the cause OF removal shall be en-
tered upon the Journal OF each House.
The Judge against whom thej Legislature
may be about to proceed shall receive no.
tice thereof, accompanied with the cause
alleged for his removal, at least twenty
days before the day on which action Is
proposed to be taken therein. f'''alS
SRC. IS. The voters OF each county shall
elect Clerk OF the Circuit Conrt, whose
term OF office shall besix years; his duties
and compensation and the manner OF re-
moving him from Office shall be prescribed
by law; and when vacancy shall occur
in the Office, the Judge OF the Circuit Court
shall fill the same by appointment until
the next general election. In any ease in
respect to which the Clerk shall be so sit
uated as 10 make it limpropes for him 10
act, the said Court shall appoint 4 Clerk
to act therein. The Clerks OF said Courts
in Office when this article takes effect, shall
remain therein for the term for which
they wereieleeted, unless sooner removed
in the manner prescribed by law.
SIC, 10. The Legislature may establish
Courts Of limited Jurisdiction within any
county, Incorporated city, town or village,
with tho right OF appeal TO the Circuit
Court, subject to such limitations as may
be prescribed by law; and oil Courts oil
limited jurisdiction heretofore established
in any county, Incorporated city, town or
village, shall remain as. at present constI-
tnted, suhtils otherwise provided by law.
Such Courts as have been heretofore es-
tablished by the Legislature under and by
virtue Of the 94th section Of the Sth article
OF the constitution of 1879, shall remain
and continue as at present constituted,
until otherwise provided by law.
SEC. 20. No citizen Of this State who
aidedor participated in the late war be-
tween the Government OF the United
q part of the people thereof on
eIther side, shall be liable il. .apy PROCEED.
ing tctvll Dr. OHmipal ipbt shall Ids proper
ty be seized Or sold under final proO6ss
issued upon judgments or DEGREES hereto
fore rendered, or otherwise, because ofany
act donein accordance with the usages Of
civilized warfare IN tho prosecution. Of said
war. The Legislature shall provide, by
general llaws, ,toERivipg fulliorle and effect
t6this section. " - sfs ~ ~
SEC. 81. Such parts OF the common law,
and Of the laws OF this State, as are in force
when this article goes into operation, and
atp not Sffppgnant thereto, shall jbeS md
continue tho law OF tho State until altered
or repealed by the Legislature: All civil
and criminal suits and proceedings pond
ing in the former Circuit Courts Of this
State. shall remain and be proceeded in
before the Circuit Court Of the proper
county. ~
sRo. i9a, There shall ke in each cou nty
OF the State q, County Court, composed Of
three Commissioners, and two Of said
Commissioners shall be q quorum for the
transaction otbusiness. 1t shall hold four
sqsSions in each year, at such times as may
30 fixed qpaa end entered OF record by
1S Ssc 80 % The Commissioners shall he