South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1880-09-24

Resolssd By ne Legislature Of Ipea Ky.
gina, tieo-HtIis Of al the sasmbers e'sct-
Ell 20 c'ch House agreeing thereto: Thst
TIC following lie and the same is her ebv
proposed ~ on amendment To the Con-
stitution Of this State. TO wit: That ar.
ticie eight of said Constitution as it now
IS be stricken out, and the following be
inserted in lieu thereof:
ARTICLE VII.
JUDICIAL DEPARTMENT..
/. The judicial power of the State
shall be vested in supreme court OF
| appeals, in circuit courts, and the Judges
thereof, in such inferior tribunals as are
herein authorized, and in Justices Of the
peace.
SUPREME COURT OF APPEALS.
2. The supreme court Of appeals shall
consist Of four judges, any three or
whom shall be q quorum for the transac-
ton of business. They shall be elected
by the voters Of the State, and hold their
office for the term or twelve years, uu-
less sooner removed in the manner pre-
scribed by this constitution, except that
the judges in Office when this article
takes effect shall remain therein until
|
office.
3. 1t shall have original jurisdiction
IN cases ofhCtbeos corpus, man,io7nas and
prohibition. 1t shall have appellate ju.
risdiction in civil cases where the matter
in controversy, exclusive OF costs, is OF
greater value or amount than one hun
dred dollars; in controversies concern
ing the title or boundaries OF land, tie
probate OF wills, the appointment or
qualification OF personal representa-
tive, guardian, committee or curator or
concerning mill, road, way, ferry or
landing or the right OF a corporation
or county to levy tolls or taxes, and al
so In cases or quo ,carTanto, hQJeds cor
p1ts, fadndGmus, certiorari and prohibi-
ton, and in cases involving freedom or
the constitutionality OF law. II shall
have appellate jurisdiction in criminal
| cases where there has been = conviction
for felony or m;sdemeanoT in circait
court, and whore conviction has been
had in any inferior court and been ar
! iirlned a. q circuit court, and in cases
relating to The public revenue, the tight
Of appeal shall belong TO the State as
well as the defendant, and such other
|
and criminal cases, as may be preacrib-
ed by law.
4. No decision rendered by the su-
preme court OF appeals shall be consid-
cred as binding autt GRITTY upon any OF
the inferior courts of this State, except
in tie particular case decided. unless
such decision is cOncurre6 In by at least
three judges OF said court.
S. When judgment or decree 10 reyers-
ed or affirmed by The supreme court OF
appeals, every point fairly arising upon
tho record OF the case shall be consid-
cred aad decided and the reasons there
Of shall DO conciscly stated Ia writing.
| Is preserved with tho record OF the case (:
and it shall be tie duty of tbs court to
prepare syllabus Of tho points nd iu-
dicated In each case concurrod in by
three OF the judges thereof. which shall
be prefxed to the published report OF
The case.
9. A writ of error, stpersededs or ap-
peal shall be allowed only hy tha sn-
prene court OF appeals or judge there
OF, upon a petition assigning error in
the judgmen: or proceedings of the in.
ferior court, and then only after said
court or judge shall have examined sud
considered the record and assignment
Of errors, and is satiaficd that there is
error in the same, or that il presents a
point proper for The consideration OF TIC
| supreme court of appeals.
z. Ii from any cause vacancy shaIl
occur in the supreme court of appesls.
the Governor shall Issue a writ of cleo
ton to fill such vacancy at the next
! general election for the residue Of the
term and in the meantime he shall Sill
such vacancy by appointment until o
judge is elected and qualified. But II
the unexpired term be less than two
years the Governor shall ell such vacan
cy by appointment for tho unexpircd
term.
8. The officers Of the supreme cours
OF appeals, except the reporter, shall bo
appointed by the court, or, ia vacation
by tie judges thereof, with power Of re-
moval their duties and compensation
shall be prescribed by law.
9. There shall DC q: least two terms
OF the supreme court OF Appeals held
annually, at such times and places as
may be prescribed by Law.
CIRCUIT COURTS.
10. The State shall be diyided into
thirteen circuits. For the circuit here
inaf.er called the FIRST, two judges shall
be elected, and Tor each OF the other cir
cults one judae shall be elected by the
voters thereof. Each Of tie judges 80
elected shall hold bis Office for Tic term
Of eight years, unless sooner removed
in tue manner prescribed in this consU.
tuition. The judges oftho circuit courts
~ Office when tAis article takes effect
shall remain therein until tle expira-
tion Of ihc term FOR which they have
| been elected in tho circuits In which
they nav respectively reside, uulcsa
soon removed ns aforesaid 4 vacancy
10 the Office OF judge Of The circuit
court shall be Glicd ~ THO same manner