The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-10-02

Tint the following 10 and The same i
hereby proposed as an amendment 10 thu
Constitution of this State, TO wit: Tina
article eight Of said constitution MS it nov
is be stricken out, and The following he in
gcrtcd in lieu thereof
ARTICLE VII.
JUDICIAL BEREAVEMENT.
l. The judicial power OF the State shaH
be vested in supreme CoaFt Of appeals, ii
circni. coursF, and the judges thereof, it
such Interior tribunals rs are herein MI
IhOrized, AID in justices OF the peace.
srrEE,iE COURT OF AprEsIs.
.. The supreme cor9t Of appeals shall
CONSIST Of four judges, my thee OF whom
shall DO Il GauraIi Tor the transaction o.
busincRs. they ohull he elected by the
Totcrs Of the State, aad mold their office fuV
the tenn Ui Lgclvc ycaI9, unless EOoncr re.
moved in tho manner prGscribGd by this
constitution, except that The judges il Office
when this article takcs effect riIall rCmhin
therein Until the expiration Of their pressn,
term Of Office.
8. ltshall have original Jurisdiction in
casea o. halens corpus, mandamus md
prohibition. l!shall haze appellate juris-
dictiOn III civil cases where The matter in
controversy, exclusive Of coats, is Of greater
value or amount than onc hundred dollars;
in controversies Concerning Tie title or
boundaries Of land, tic probate Of wills,
The appointment or qualification Of per-
Conal representative, guardian, committee
or curator; o. concerning mill, road,
way, ferry or landing; or tho right Of u
corporation or county to levy tolls CT tGScs,
and also in cases Of quo wArrantO, habeas
corpus, ilandanlus certiVrari and Ilsollibi-
ton, and in cases involving freedom or The
Consliluiionality Of II law. II shall have
appellate Jurisdiction in criminal case,
where there kas been conviction for Eel
onY or misdemeanor in circuit court, and
where conviction has been had in any in.
luriOr court and been affirmed in circuit
court, and in cases relating TO the public
revenrc, the right Of appeal shall belong 10
tue State as we'll ad the defendant, and such
other appellate Jurisdiction, in boil, civil
and criminal cases, US may be prescribed
by Law.
i, No decision rendered By tho supreme
court Of appeals shall be considered 8.
binding authority UFon my Of tue inferior
courts Of this State, except in The particu,
lar chpe decided, uMlefS such decision !.
cercUrFcd in by at leagt three judges Of
said court.
s. When a judgment OF decree isrcycncf
or affirmed BY the supreme court ofnppeals
every point fairly arising upon the rrcor
of The case shall be considered and decided
and tho reasons therefor shall be coneisely
stated in %rftirg, and preserved with I'll,
record Of the case; and il shall he tile dut,
Of the court to prepare syllabus Of III,
points adjndicatGtl in each ease ConCtrre,
in by three Of the judges thereof, which
shall he rreAxcd to Tue published report o
the case.
Q. A writ Of error, supOrsedeas Or appea
shall be allowed br the supreme court 0
appeals or o Judge thereof, upon 4 petition
assigning error in the judgment or pro
ccetiingS oil the inferior court, and thel
only after said court VI Judge Fliail liavt
examined and considered the record IN,
assignment OF errOra, and ID satisfied tia
there Is error In the sqIie, Or that ilzTre
son Is u point proper for hes consideration
OltlGsupreMe court cfapPeals. 555
=7.lf from any cause vacancy sllal
Occurin:tle supreme c1urtzdiznpteh ,=th
governor shall issue writ Of election I,
lill@lGll= v6cancyz the next general elee
ton for tic sCsiilnc Of the term; and in III
meantime he shall ill such vacancy H.
appointment until a judge il elected Hlll
qualified, But II the unexpired teru h
less than two years the governor shHll III
such vacancy by appointment Tor the lnex
pired term.
S. The officers Of the supreme court q
aPrCa'f, except the reporter, shall he NJ
printed BY The cOurs, or, in vacation Of I'll
tu;!as iECTcot, with power Of removal
their duties md compensation shall be IRE
scri3cd by law.
D.. There shall bc at least two terms q
the supreme cnurt ofappeHla held annually
AT suCh times md place. aA may Ge pre-
sGlitgd Ly law.
CfECUIT C0uNTs.
10. The State shall TX divided into thil
teen circuits. For the Circuit hrrcinaftG
called the first, two Judges shall be elcctet
and ior each If NE other circuits ole JUDI
shall he elected By Ike voters Thereof. Fac
vi the judges 50 elected shall hold lila UiIic
for tue lGTm ri eight years, unless sovne
removed IN the manner prescribed in Iii
constitution. The Judges Of the ciFcui
courts in office wl.cu this article sake
effect shall remain therein until the Cxpil
alton Of The term Cor which they have Gct
elected in the circuits in which they ina
respectively reside, WntCss sooner renewed a
Aforesaid. a v'rnnCy in the Office u
Judge Of the circuit court shall he filed !;
tie name manner Rs IL provided for In nj
case Of vacancy In the Office Of 4 judge
The supreme court Of appeals. Dnling Ii
continuance in Office the Judge Of cir GU
court shall reside in lhe circuit Of whiC
he is judge. Tic business Of The first c;
cult may he aplNrtioUed lrplwtcn tic iniS
thereof, mud such Judges mny hold cOur
in the same county or in different COuuti
within Tie circuit ut the same tins ar
different times, US may he prescribed |
law.
II. a circuit ccurtallnIl lie held in orel
comfy IN the State ut lcHst three tines
zach year, md provisions mNy he made l.
law f,r holding slec;n terms Of said cuo'
4 in!gc Of amy circuit may hold the coul
il another ciri nit.
IL. The circuit court shall have the al
pervisiOn md control Of all prOceedin!
'Etme Justices and Other inferior tribunal
by MAJ datnus, prohibition ind resIiuiar
They shall except in ci,SeS confined excl
Sivrly by this constitution IL sUmc Otli,
tribunal, have original md general iUri
lictt0N Of all matters Mt law where Il
amOlNt in cnHtrvyrIEs, cTrlIHivc Of into
ell, exceeds aity dollars; "i NIL caFea
habeNs corpus, mantlHmIS, quo warrant
and prohibition: and Nil Gases in Cquit
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