Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1880-09-11

IA. The legislature may rearrange the
circuits herein provided for at any session
thereof next preceding any general election
of the judges of said circuits, and after the
wear one thousand eight hundred and
lightweight, may at any such session, in
crease or diminish the number thereof.
Is The legislature shall provide by law
for holding regular and special terms OF
the circuit courts, where from any cause
the Judge shall fail to attend, or, il in
attendance, cannot properly preside.
GENERAL PROVISIONS.
l6. All Judges shall be commissioned by
the governor. The salary OF a Judge of the
supreme cour. of appeals shall be two
thousand two hundred dollars per annum,
and that of a Judge Of the circuit court
shall be one thousand eight hundred dol
lars per anEum and each shall receive the
same mileage as members OF the legislature.
Provided, That Ohio county may pay an
additional sum per onnum to the judges Of
the circuit court thereof; but such allow
ance shall not be increased or diminished
during the term of Office OF the judges to
whom il may have been made. 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 vaca;e his judicial Office. Nor
shall he during his continuance therein be
eligible to any political office.
II. Judges may be removed from Office
by concurrent vote OF both houses OF the
legislature, when from age, disease, mental
or bodily inGrmity or intemperance they
are incapable of discharging the duties Of
their Office. But wo-thirds OF all the
members elected to each house must con-
cur in such vote, and the cause of removal
shall be entered upon the journal OF each
house. The Judge against whom the legis-
lature may he about to proceed shall re-
ceive notice 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.
is. The voters of each county shall elect
a clerk OF the circuit court, whose term OF
office shall be six years; his duties and
compensation and the manner of removing
him from office shall be prescribed by law !;
and when,a vacancy shall occur In the
office, theSircuit court or the judge thereof
ment until the next general election. In
any case in respect to which the clerk shall
be so situated as tomake itimproper for him
TO act, the said court shall appoint 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
were elected, unless sooner removed In the
manner prescribed by law.
10. The legislature may establish courts
of limited jurisdiction within any county,
incorporated city, town or village, with the
right of appeal to the circuit court, sub
iect TO such limitations as may be pre-
scribed by law; and all courts of limited
jurisdiction heretofore established in any
county, incorporated city, town or village,
shall remain as at present constituted until
otherwise provided by law. The municipal
court of Wheeling shall continue in exist.
ence until otherwise provided by law, and
said court and the judge thereof, shall ex-
ercise the powers and jurisdiction heretofore
conferred upon them; and appeals in civil
cases from said court shall lie directly to
the supreme court OF appeals.
20. No citizen of this State who aided or
participated in the late war between the
government of the United States and part
OF the people thereof on either side, shall
be liable in any proceeding, civil or GRIM
inal; nor shall his property be seized or
sold under final process issued upon judg-
ments or DEGREES heretofore rendered, or
otherwise, because of any act done in
accordance with the usages OF civilized
warfare in the prosecution of said war.
The legislature shall provide by general
laws, for giving full force and effect to this
section.
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
are not repugnant thereto, shall be and
continue the law of the State until altered
or repealed by the legislature. All civil
and criminal suits and proceedings pending
in the former circuit courts of this State,
shall remain End be proceeded in before the
circuit courts OF the counties in which they
were pending. -