The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1880-07-14

]. The judicial power OF the State shall
be vested in u supreme court ofappeals, in
circuit courts, and the Judges thereof, in
such inferior tribunals as are herein au-
thorized, and in justices the peace.
SUPREME COUNT OF APPgkLs.
@ Tie supreme court 81 appeals shall
consist Of four judges, any three OF whom
shall be aqnornm for the transaction OF
business. They shall be elected by the
voters OF the State, and hold their Office for
the terinof twelve years, unless sooner re-
moved in the manner prescribed by this
Constitution, except that the judges in Of
fee when this article takes effect shall re-
main therein until the expiration OF their
present term OF Office.
s. 1t shall have original jurisdiction in
cases Of hdbeqs corpus, ndnddmts and pro-
llibition. Itshall have appellate jurisdic-
diction in civil cases where the matter in
controversy, exclusive OF costs, $50 greater
value paramount than one hundred dollars;
in controversies concerning the title or
boundaries Of land, the probate OF wills,
the appointment capitalization OF q per-
sonal representative, guardian, committee
orcurator; or concerning mill, road, way,
ferry or landing; or the right OF corpora
ton or county to levy tolls or taxes, and
also in cases of quo WGrTdntO, hdbeds cor
pas, mdnddplus, cc1tiOrari and prohibit
ton, and in cases involving freedom or
the constitutionality OF law. 1t shall
have appellate Jurisdiction in criminal
cases where there has been q conviction
for felony or misdemeanor in q circuit
court and where q conviction has been
had in any inferior courtand been affirmed
in q circuit court, and in cases relating to
| the public revenue, tho right OF appeal
shall belong to the State as well as the de-
PENDANT, and such other appellate jurisdic-
ton, in both civil and criminal cases, as
may be prescribed by law.
4. No decision rendered by the supreme
court OF appeals shall be considered as
binding authority upon any OF the inferior
courts OF this State, except in the particu-
lar case decided, unless such decision is
concurred in by at least three judges Of
said court.
| 5. When Judgment or decree is re-
yersed or affirmed by tile supreme court OF
appeals, every point fairly arising upon
the record OF the case shall be considered
and decided; and the reasons therefor
shall be concisely stated in writing, and
preserved with the record OF the case; and
itshall be the duty OF the court to prepare
syllabus Of the points adjudicated in
each case concurred in by three OF the
judges thereof, which shall be preiixed to
the published report OF the case.
q. A write error, S,tperseOeas or appeal
shall be allowed only by the supreme court
OF appeals or a judge thereof, upon apeti-
ton assigning error in the judgment or
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 it
presents poiat proper for the considera.
ton Of the supreme court of appeals.
Z. Ii from any cause vacancy shall oc-
cur in the supreme court Of appeals, the
Governor shall issue writ Of election to
| fill such vacancy at the next general cleo
ton for the residue OF the term; and in The
meantime he shall fill such vacancy by
appointment until Judge is elected and
qualified. But ii the unexpired term be
less than two years the Governor shall fill
such vacancy by appointment for the I'M
expired term.
s. The officers OF the supreme court OF
appeals, except the reporter, shall be APP
pointed by the court, or, in vacation by the
judges thereof, with power Of removal;
their duties and compensation shall be
prescribed by law.
8. There shall be at least two terms OF
the supreme court OF appeals held annu-
ally, atsuch times and places as may be
prescribed by law
CIRCUIT COURTS.
! 10. The State shall be divided into thir-
teen circuits. For the circuit hereinafter
called the first, two judges shall be elected,
and for each OF the other circuits one Judge
shall be elected by the voters thereof.
Each OF the judges so elected shall hold
his office for the term of eight years, unless
sooner removed in the manner prescribed
in this constitution. The Judges OF the
circuit courts i'll Office when this article
takes effect shall remain therein until the
expiration of the term for which they have
been elected in the circuits in which they
may respectively reside, unless sooner re.
moved as aforesaid A vacancy in the Of
flee OF a judge of the circuit court shall be
filled in the same manner as is provided
for in any case OF a vacancy III the office Of
u judge OF the supreme court OF appeals
During his continuance in office the Judge
OF circuit court shall reside in the circuit
OF which Ire is judge. The business of the
first circuit may be apportioned between
the judges thereof, and such judges may
hold courts in the same county or in dill.
ferent counties within the circuit at the
same time Or at different times, as may be
prescribed by law.
IL. A circuit court shall be held in every
county in the State at least three times in
each year, and provisions may be made by
law for holding special terms Of said court
A judge OF any circuit may hold the courts
in another circuit.
II. The circuit court shall have the SUI
pervision and control of all proceedings
before a justices and other inferior tribp.
nails, by 1aanddm,ts prohibition and Ger
ioratF. They shall except in cases con
fined exclusively by this constitution Ia
some other tribunal, have original and
general Jurisdiction OF all matters at law
where the amount in controversy exclu-
sive OF interest, exceeds fifty dollars; OF all
cases OF hdJeds corpus, mdndamus, quo war-
rantO, and prohibition; and all eases in
equity, and OF all crimes and misdemean.
ors. They shall have appellate jurisdic.
ton in all cases, civil and criminal, where
an appeal, writ OF error or Supese,lcas may
beallowcd to the judgment or proceedings