West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1880-09-25


hereby proposed As an auielucnt To- tho
4 institution of this State, - wit: That
article eight OF said Constitution a. #
np" DIS hc stricken out, aud tho follows
ing be inserted in lieu therpf,
ARTICLE VIII.
JUDICIAL DEPARTMENT.
/. Tn" judicial power of the St,te shall
hc vested iu a supreme court Ot appeals.
m circuit courts. and the judges thereof,
iu such inferior tribunals us herein au :
tI"ri-rd, and Justice OF the polco.
SUPREME COURT OF ApPEALs.
.. The sIpremo courl of appeals shall
cou~is, of four Judges, any three Of whom
shall DO a quorum for the transaction of
business They shall bo elected NV mo
voters of tho State, aud hold their Office
Tor tho term OF twelve years, uules,
sooner removed in tho manner pre-
~cubod by thls Constitution. EXCEPT that
the Judges In Office " hen tbi. article
kos effect shall remain therein until
the expiration OF their present term OF
office.
3. II shall have original Jurisdiction I'm
Hli ctsc, OF hubeuS corpus inundlmtS aud
prohibition, II hall have appellate
jurisdiction in civil cases whore the mat
tor IN controversy, exclusive Of cost. is
~ CRATER value or amount than one hun
dicd dollars; la controversies concern
Ipg tho title or boundaries of land. the
probate OF wills, the appointment or
qualification Of personal representa-
ave, guardian, committee or curator; or
concerning "A mill road, way, ferry { 4
Landing on the right of corporation or
county To- levy tolls or taA, \ aud also i'm
cases of qUO iCdiydhtO. huLeds cOTDtLs, man
ddmUS, "crtiOrdrj and prohibition, and i'm
cases INVOLVING freedom or the conStitn-
upnhlitY of law. II shah have appel~
late Jurisdiction i'm criminal cases where
jhCic has been conviction for felony or
mlsdeuvanOr in Il circuit court. add
where cOnVi,tIOn has been had in anv
inferior court and been affirmed i'm "A cir>
cunt court, and in cases relating 10 the
pdmic revenue, the right OF appeal shiIl
belong 90 tho State as well as ,he dolond-
ant, and such other appellate iuusdic-
uOn. ~ both civil and criminal clsaS. as
may he prescribed by law.
!. No decision rendered by the su
pirme court OF appeals shall DO consid
ere as binding authority up IN any OF
the inferior courts OF this State, except
IN tho particular case dC,idcd, unless
such decision il cOncurred in DV AT least
three judges of Yaid court
D. When judgment on decree is re-
Nerscd or affirmed by the supreme court
OF appeals, very point fairly arising up
on the record of the case shall be cOnsid
cred and decided aud the rensons
'huieio shall he cOncisely stated i'm wri,
ungand preserved with the record OF the
case aud II shall be the duty OF tho
court to prepare syllabus of the points
adjudicated in each case cOncurred in bv
three of the Judges thereof, which shall
Toe preiiNed to the published report of the
case.
6. a writ of error, SuperScdcas or ap-
peal shall ue allowed only by the SUI
preme court ofappcais on u 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 c)nsid-
cred the record and assignment of errroS.
and is satisfied that there il error i'm the
Same, or that it presents point proper
for the consideration OF the supreme
court of appeals.
II from any cause "a vacancy shall
occur in the supreme court of appeals
the Governor shall iSSueu writ OF oIec-
ton To fill such vacancy at the next gen
eral election Tor the residue of the torn
and in the meantime he shall fill such
vacancy by appointment for tie unex-
pireu term.
s. The officers Of the supreme court of
appeals, except he reporter, snail he APP
pointed by tile court, or III vacation by
Tie Judges tn r5ot, with power of re
NOV ii; their duties and compensation
Sha he prescribed by law.
- There shall he at least two terms OF
the supreme court OF appeals held annu-
ally, mt sucn times and places as may be
prescribed by Law,