South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1880-07-23
The Constitutional amendment

iaesotcsd by t.e Legisatar, If Eess ra.
gtaia, tro-th;rsis Of I,is me -,smters les.t-
ed 10 each House eg,eeiay tsentc: That
the following lie anu the same is hereby
proposed as an ameaIment TO tho Con-
stitutioa or this State. TO wit: That ar.
ticie eight of said Constitution as it now
IS he stricken out, and the following De
inserted ia lieu thereof:
ARTICLE VIII.
JUDICIAL DEPARTMENT..
l. The Judicial power OF the Stat c
shsll DC vested IN supreme court OF
tnppoa.s, in circuit courts, and the jud yes
thereof, in such inferior tribunals as are
herein authorized, aud in justices of The
peace.
eUrIEsIg COURT oP APpEALs.
=. The supreme court Of appeals shall
consist of four judges, any three OF
whom shall be a quorum for The transsc-
ton OF business. They shall be elected
by the voters OK the State, and hold their
oidce for ihe term Of twelve years, un-
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
the expiration OF their present term OF
Office.
3. II shall have original jurisdiction
IN eases ofhab.os corpus, malnlom,ss and
prohibition. 1t shall have appellate ia.
risdiction in civil cases where tie IA: at or
III controversy, exclusive CT costs. is OF
greater valuo or Emcunt titan one hun
| died dollars; in controversies concern
Ing the title or boundaries of land, The
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 corporation
| or county to levy tolls or taxes, and al.
SO In cases or Qao W1jTdato, hdJe1s cor-
prs, isdnda@us, ccrtivrori and prohibi-
ton, and in eases involving ftce,!om or
the constellation Atty OF 4 law Il shall
have iappallate jurisdiction in criminal
cases where thcro has been conviction
for felony or mi3lemearor in q cjtcnit
court. aud where u conviction has been
had in any Inferior court and been af-
iirmed IN CT: cult court, and ia cases
relating 10 Tic public revenue. tie right
OF appeal shall! belong TO the State as
well as the defendant, and such other
appellate Jurisdiction. In both civil
and criminal cases, as may be preecrib-
ed by Law.
4. No decision rendered By the su-
preme court Of appeals shall be coasid-
cred az binding authority upou any az
the inferior court Is OF this State, except
IN The PARTICULAR case decided. unless
such decision is ccncurrcd IL by a. least
three Judges Of said court.
8. When judymen. or decree Is revers-
ID or affirmed - tho supreme court OF
appeals, every point fairly .r.sirp upon
tho Tecori OF the case shall 10 consid-
cEcd and decided and tic reasons there
os saali &c concisoly stated in writing,
& preserved with the record oil the case:
.ad II Shall be the duIy Of The court 10
prepare syllabus OF the points adju-
Dictated IN each case coOcnrred in hy
three Of the judges thereof. which ssail
DC prcGXe3 TO the published report OF
the case.
s. a writ of error. supsrsee3sos or ap-
peal shall be allowed only ny tho ST.
preine co1rt OK appeals or judge there
OK, upon a TatiLion assigning error in
the Judgment o. proceedings Of tic in.
teFicr court. and then only'af,er said
court or judge shall have examined and
considered The record ard assignment
OF errors, and is satieded that there is
error IN the same, or that it presents
point proper for tie consideration OF the
Supreme court OF appeals.
Z. II from any cause q vacancy shall
occur IN the supreme court CT appeals.
the Governor shall issue q writ OF cleo
lion 90 Gil su1n vacancy at tho next
general election for tbs residue Of tho
term end III the meantime he shall Gil
such vacancy by appointment until
JUICE II elected a0d qualified. but If
,he uneTpirei term I've less than Two
years the GCyCrn0- ehaii III such vacan.
cy by appointment cor the unczpired
term.
9. The officers OF tho supreme court
OF appeals, except The reporter, shall bs
appointed hy Tie court. OF, il vacation
10y tle judges thereof, With power OF re-
mCgal their 3Gties end compensation
shall bc prescribed - law.
3. There shall b. Il. lcas. two tqrros
OF the supreme court Of Appeals held
annually, at such times and places as
may be prescribed 1y Law.
CIRCUIT COUNTS.
10 The State shall be divided into
thirteen circuits. For the circuit here.
mater called tho FIRST, two judges shall
be elected, AMI for each Of the other cir.
cats ono judge shall be elected by tho
voters thereof EacE ot tic judges so
cloetcl shalt Eo!d his Office ter The Ierir
%. cigh! Vear-. uniess sooner removed
iu The name prescribed III this coss.. |
tuition. The judges of tho circuit courts
~ Office when tl,e article lakes effect
ah2li r-rain tbefoil until lLe cruira- |
ton of the terra for which hoy have !
been elected I'm Che circuits ia which !
they may respectively reside uulesa
soon removed rs aforesaid. a vacancy
in Che oilco OF q Judge O., the circuit |
court shall be Glle3 in the same manner
os is provided for ia any cage OF va