Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-08-28
ARTICLE VIII
yrpIclAL pEHARrnEsr.

ing he inserted 10 lieu thereof.
ARTICLE VIII.
grDIclAL pEYARTxEsr. 81
/. The Judicial POWER Or the State shall be vested
| supreme Court Of Appeals, in Circuit Courts,
md the judges Thereof in such inferior tribunals
are herein authorized, and in Justice. Of the Peace
ssrrsExK COURT APPEALS. fu
2. The supreme Court of Appeals shah consist Of
tour judges, any three o. whom shall be quorum
for the transaction of business They shall be elected
by the voters Of the State. and hold their Office for
The term Of twelve years unless sooner removed in
the manner prescribed BY this Cohsttutior except
that the Judges in Office when this article takes effect
thall remain therein until the expiration Of their
| 3. II shall have original jurisdiction In cases OF
! habeas coipHs, mandarin. and prohibition 1t shall
have appellate jurisdiction in civil cases where the
mattel in controversy exclusive OF costs IL OF greater
| value or amount than one hundred dollars; In con-
troyers concerning the title boundaries
the probate of wills the appointment qualification
OF personal redresentative, guardian, committee or
curator curator; or concerning mill road way ferry or
levy tolls or taxes, and also in OF quo pordno
habsGs corpus n1aadamu, cetiorad and prohibition,
and in cases involving freedom or the constitution
aliLy OF law. 1t shsu have appellate Jurisdiction
in criminal cases where there has been conviction
for felony or msdemeanor in Circuit Court and
| where a conviction has been had in any inferior
| court and been affirmed in Circuit Court, and in
| cases relating to the public revenue the right OF
appeal shall Belong to the State as well as to he de-
/ PENDANT, and such other appellate jurisdiction, 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 binding authority up
any OF the inferior Of this State except in
the particular decided, unless such decision is
conenrred by at least three judges of said court
b. When Judgment or decree IS reversed or At
| fairly ars ng upon the record of the shall be
considered and decide J; and the reasons therefore
shall be coseis.ly stated in writing, and preserved
with the record Of the case; and it shall be the duty
Of the court TO prepare syllabus Of the points adu
| dicated in each case concurred in by tsree Of the
judges thereof which shall be prefxed to the pub
| llshed report Of the case. ~
g. Awrit Of error, slspersedeas appeal shall be
allowed only by the Sufrems Court OF Appeals a
Judge thereo, upon petition assigning error in the
Judgment or proceedings of the inferior court, and
then only after said court Judge shall have ex-
| smlned and considered the record and assignment
ferrors and is satisfied that there is error in the
same, or that presents point proper for the con-
| z. Ii from any cause vacancy shall occur in the
Supreme Court OF Appeals the Governor shall issue
writ of election to fill such vacancy at the next
general election for thu residue of the term and in
the meantime he shall fill such vacancy by appoint
| ment until judge is elected and qualified. But IL
the PRED term be less than two years the Gov
ernor shall fill such vacancy by appointment for the
| unexpired term.
8. The officers of the Supreme Court OF Appeals,
except the reporter, shall be appointed by the court,
or, in vacation by the judges thereef with power Of
removals their duties aud compensation shall be pre-
| scribsd by law.
O. There shall be at least terms of the Supreme
Court Of Appeals held annually, at such times and
| places AZ may be prescribed 10y law.
| cfRcUIr ceukT
TO- The State shall be divided int thirteen DIR
cults. 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 eecet shall hold his
office for the term of eight years unless
moved ia the prescribed in this constitution
The Judges of the circuit courts in ONCE when this
article taxes effect shall remain therein until the
| expiration Of the term for which they have been
elected in the circuits in which they respectively
side, unless soon removed as Aforesaid. vacancy
in the Office Of Judge Of the Circuit Court shall be
filed in the same manner as is provided for in any
case Vi vacancy IN the office of judge of the SUI
preme Court of Appeals. During his continuance in
etica the Judge OF circuit court shall reside in the
circuit OF which he is Judge. The business OF the
first circuit may be apportoned between the judges
there of, and such Judges may hold courts II the
same county in different counties within the cir
cult at the same time or at different times, as may pe
prescribed by law.
ii. 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. Judge Of any court may hold
| the courts in another circuit
II. The circuit court shall have the supervision
and control of all proceedings before justices and
other inferior tribunals, by sandarius prohibition
and eerhsrari. They shall except in cases confined
Exclusively by this constitution to some other iribu-
nal have original and general jurisdiction, OF all
matters Mt law where the amount in controversy ex-
elusive interest. exceeds fifty dollars of all cases
of habeGs corpus ptardamH quo vdrdnto, and PROM,
bon; and all cases m comfy ana Oh M CRIME anu
ton In all cases. civil and criminal, where an appeal
writ of or supersedeas may be allowed TO the
|
They shall also have such other jurisdiction, whether
supervisors original appellate or concurrent as is OF
may be prescribed by law. ..-
| I3 Until otherwise provided by law, the State
shall he divided into the following circuits: The
counties Of Brooke. Hascock, Ohio and Marshall
shall constitute the first circuit the counties OF MO-
| Mongolia, Marion and Harrison, the .econd; the
counties OF Preston, Taylor Rarbodr, Tucker snd
Randolph, the third; the counties OF Wetzel, Tyler
Richie and Doddridge, the fourth the counties o.
Wood Writ and Pleasant, the ffh the counties Of
Clay G'lmer, Jackson, Roans and Calhoun, the sixth
| n IL and Mason
seventh; the counties of Cabell, Wayne, Lincoln and
logan the eighth the counties of Mcdowell, Mercer
| Raleigh, Wyoming and Boone. the ninth; the conn-
ties Of Greenbner, Monroe, Summers, Fay cite AID
Pecahontas, the tenth the counties OF Upshur,
Lewis Braxton Nicholas and Webster, the eleventh
the counties Of Grant, Hardy, Hampshire, Ninoarl
and Pendeton, the twslfthi the counties OF 'ener-
| son, Berkeley and Morgan, the thrteanth.
| IA. The legislature may rearrange the circuits
herein provided for at session thereof next pre-
ceding any general election OF the judges OF said
circuits aud after the year thousand eight hun
dred and eighty eight may at such session, in
crease or diminish the number thereof
| Is The legislature shall provide by law for Mold
ing regular and special terms Of the circuit courts
where from any cause the Judge shall fail 70 attend
or, If in attendance, cannot properly preside
sHEHxAL PROVISIONS,
All Judges shall he commissioned by the Governor
The salary Of Judge OF the Supreme Court Of APP
peals shah be two h5ussnd two hundred dollars per
annum, and that of judge OF the Circuit Court
shall be one thousand eight hundred dollars Psr am
| mum; and each shall receive the same mileage ~
members of the legislature. Prorded. That Ohio
county may pay additional sam per snnuIn to the
Judges of the Circuit Court thereof. but such allow
ances shall not be increased or dirnnshed during
tine term Of Office Of the judges to whom il may
been made. No Judge during his term Of othes shall
practice the profession of law or held any other office
appointment or public trust under this or any other
government and the acceptance shall sscate
his judicial ohcs. Nor shall he during his eontinu-
! snce therein be eligible to any political office.
H. Judges may be removed fro ONCE by a con
current vote Of both houses Of the legislature when
from age, disease, mental bodily inhrmity or in-
temperance, they are incapable Of dschargiHg the
duties OF his Office. But tvOthirds Of all the II s-
bers elected 10 each house nsst in sush vote
and the cause Of removal shall be catered upen the
| journal Of each house The Judge against whom the
legislature may be about 10 proceed sball receiva
| notice thereof accompanied with the c.use alleged
for his removal at least twenty days before the day
| on which action Ia proposed to be taken therein.
| ls The voters OF each County shah elect a clerk
Of the Circuit Court. whose term Of Office shall be
ak years; his duties and compensation and the
! ner ofremovipg him from ofee shall be prescribed
4 NV Law. ahall In hn of