West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1880-07-31
ARTICLE VIII.
JUDICIAL DEPA RTMENr.

. JUDICIAL DEPARTMENT.
!. The judicial power of the State shall
DO vested in supreme court Of appeals,
in circuit courts. aud tho indges thereof.
| in such Inferior tribunals az herein au
thorlzed, and "a justice OF the peace.
SUPREME COURT or APPEALS,
2. Tho supreme court of appeals shall
consist Of four judges, any three of whom
shall DO quorum for the transaction OF
business. They shall be elected by tho
| voters OF tho State, aud hold their Office
for tho term OF twelve years, unless
sooner removed in tho manner pro-
scribed by this Constitution. except that
the judges i'm Office when this article
takes effect shall romain therein until
the expiration of their present term OF
Office.
3. 1t shall havo original jurisdiction i'm
all casos Of hpbedS corpus. md,,,tctIsus and
prohibition. IL shall have appellate
Jurisdiction i'm civil cases where the mat
tor in controversy, exclusive OF cost, is
OF CRATER value or amount than one hun
dred dollars; in controversies concern
ing the title or boundaries of land. the
probate of wills. the appointment or
qualification OF "A personal representa-
tive, guardian, committee or curator: or
concerning "A mill, road, way, ferry or
landing or tho right of corporation or
county To levy tolls or taxes, and also in
ttdmuS, ceTtiOrdri and prohibition, and i'm
cases involving freedom or tho constitu-
| tionality of a law. 1t shall have appoI>
late jurisdiction in criminal cases where
| tn ro has been conviction for felony or
misdemeanor in circuit court, and
whore a cOnVi ctiOn has been had i'm any
| inferior court and boon affirmed in "A cirs
cult court, and in cases relating to the
pubic revenue, the right of appeal Shall
belong 20 tho State as well as Tho defend
ant, and such other appellate iurisdic-
ton, i'm both civil and criminal cases, as
may be prescribed by law.
| 4. No decision rendered by tho SUI
pIemo court OF appeals shall be cunsid-
erel az binding authority up IN any of
| the inferior courts of this state, exGept
in tho particular case decided, unless
such decision is concurred in by at least
! three judges of Said court.
b. When judgment on decree Is re-
versed or affirmed by the supreme court
of appeals, every point iairly arising lIp-
! on the record of the case shall be Gonsid-
ored aud decided aud the reasons
! therefor shall be concisely stated i'm wri>
J ting,and preserved with the record OF the
case aud it shall DO tho duty of tho
! court to prepare a syllabus of the points
| adiudicated in each case cOncurrod in bY
three of the judges thereof, which shall
! be preliXcd TO the published report of the
! case.
6. a writ of error, stperScoleas or ap-
| peal shall be allowed only by the SUI
promo court of appeals on judge thereof,
! upon petition assigning error in the
| Judgment or proceedings of the inferior
court, and then only after said court or
Judge shall have examined and cDnsid4
| cred tho record and assignment of errros
and is satisfied that there is error in the
| same, or that il presents point proper
for the consideration of the supreme
court of appeals.
! IT frSin any cause vacancy shall
occur in the supreme court of appeals
! the Governor shall issue "A writ OF eloc-
| ton TO fill such vacancy at the next gen
oral election tor the residue of the term
and III tho meantime he shall fill such
| vacancy by appointment for tho unex-
pired term.
S. The officers Of tho supreme court of
| appeals, except the reporter, shall be APP
| pointed by the court, or, in vacation by
the judges tn reof, with power OF ro-
movI; their duties and compensation
| shall be prescribed by law.
s. There shall be ut least two terms of
| the supreme court of appeals held annu-
ally, at sucn times and places as NAV be
prescribed by law,
CIRCUIT COURTS.
10. The State shall be divided into thir-
teen cir cults. For the circuit herein
after called the first, two Judges shall
be elected, and for each of the other cir
cults 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 man ner prescribed in this constitu.
| ton. The judges of the circuit courts in
! office when this article takes effect shall
| remain therein until the ex piratiOn of the
| term for which they have been elected in
the circuits in which they may respective
| ly reside, unless soon removed as azores
| said. A vacancy in the Office ofa Judge of
the circuit court shall be filled in the same
| manner as is provided for in any case of
! a vacancy in the office of a Judge of tho
| supreme court of appeals. During his
continuance in office the judge of a cir
cult court shall reside i'm the circuit of
| which he is JUICE. The business of the
first circuit may DO apportioned between
the judges thereof, and such judges may
! hold courts in the same county or i'm
/ different counties within the circuit at
| tho Same timo or at difient times, as may
! be prescribed by law,
! IL. circuit court shall be held i'm
! every county in the State at least three
! limos i'm each year, and provisions NAV
| bo 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
! supervision and control ofall proceedings
/ i1'lblf JNlNtl'fH anu OliltI lllIOllDE tIlDu-
nails, by mdnddDl,ts, prohibition and GER
tOroyt They shall except i'm cas- es con-
! fined exclusively by this constitution to
some other tribunal, have original and
/ general jurisdiction Of all matters at law
| where the amount in controversy exclu~
| sivo Of interest, exceeds fifty dollars Of
all cases Of hGbcUs corpus, nlO1ldOla,,s,
| gJtO iCurrUitO, and prohibition /;
and al! cases in equity, and Oi all
/ crimes aud misdcmcanOrs. They
shall have appellate jurisdiction in
all cases, civil and criminal, where an
/ appeal writ OF error or S7tpclsc,icUS may
be allowed 60 the judgment or proceed
/ iugs Of any inferior tribunal. They shall
! also have such other jurisdiction, wheth-
| or supervisory, original, appCl~
late, or cOucuIrout, as is or may DO PIE
/ scribod by law.
l3. Until otherwise provided by lew.
/ tho state shall hoo divided into the follow
I ing circuits Tho counties OF Brooke.
! Hancock, Ohio and Marshall shall con
sutute the first circuit tho counties Of
/ MOupngalia, Marion and Harrison, tho
second iho counties Of Preston, Taylor.
Barbour Iuckor and Randolph. tho
ihri Tho counties Of WctIol, Tyler
. Hilchio and DOddridgc, tho fourth the
/ counties of Wood, Writ aud Pleasant.
/ tho ulth thc counties Oi Clay. GIlmpr.
/ Jackson, Rosuo and Calhoun tho sixth /.
. Ilie counties OF Putnam, ktuawha and
/ Mason, the seventh, fno nuuulc- a. Cal-
eI, Wayne, Lincoln and Logan tho
o.gbNt; The counties oi Mcdowell. Mrr-
oog Raleigh, wyoming and Boone. the