The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-07-03
ARTICLE Nm.


ARTICLE VIII.
JUDICIAL pErARrIEST.
I. The iulicial power OF the State shall
be vested in supreme court Of appeals, IN
Gircui; courts, anil tho judges thereof, 10
such inferior tribunals al sEe hctein all
thorisCd, and in JUSTICES oil the peace.
SUPREME COURT OF ArrE4LS.
Q. The supreme court Of appeals shall
consist Of four judge, any three Of whom
shall he quorum Tor the transaction Of
business. They sha! be elected by the
votesa Of tile State, and hold their Office for
the term Of twelve Year., unless sooner re-
moved in the manner prescribed by lhis
constitution, except that tic judges 10 Office
when this article takes effect shall remain
therein until the cEpiratioa.of their present
term Of Office
3. 1t shall have original Jurisdiction in
case8 OF habeas corpus, uiandasnNs and
prohibition. It shall have appellate iIris-
dictiOn in civil cases where tic matter in
controversy, exclusive Of costs, il Of greater
value or amount than ono hundred lOllaEsi
in controversial concerning tic title or
boundaries Of land, the probate Of Wills
the appointment or qualification Of per
sOnal representative, 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 also in cases Of quo warrantO, habeas
corpus, nantlanut, cGILiorasi and prohibit
ton, and in csses involving freedom or the
consiitutionaiity Of u Law. II shall have
| appellate iuriA3iciion in criminal cases
where there has been conviction Tor fGl
ony or misllemeAnor in a circuit court, and
where conviction has ktcii had in any In
ferior court and btvn affirmed in circuit
court, md in cases relating to The public
revenue, the right Of nppsal shall belong 10
the State rs we'll as the defendant, md such
other appellate jurisliction, in both civil
and criminal cases, rs may be prescribed
by law.
j. No decision rendered by the supreme
court Of appeals shalt be considered az
binding authority upon my Of the inferior
courts Of this State, except in the purtiCll.
lar case decided, tlnles5 such decision ia
concurFcd in by at least lIree judges Of
said court.
| 6. When a judgment OF decree il reversed
or Htfiraled by tllcsurreWe court 0lappealS,
every point fairly arising upon tile record
Ui the c;pe shalt bc considered and decided /;
and the rcasong therefor shall 10 concisely
stated in writing, GlM preserved with TIL
record Of the case; and il shall be lie duty
Of the court to prepare syllabus Of the
points RdjudicatCd in each case Concurrcd
III by three Of the jHLges thereof, which
shall be prcGxed to the published report Of
the case.
q. A writ Of Terror, supersCdcas or appeal
shalt hc allowed by tic supreme court Of
appeals Or a Judge thereof, upon petition
assigning error in the judgment or pro
cccdinss Of tile inferior court, and then
only alter aaid court or judge shall have
examined and considered the record and
assignment Of errors, aud is satisfied that
there il error in the SAME, or TINT 1t pre-,
Eenls point proper for the consideration
Of tile supreme court Ct appeals
Ii. II frhln any cause Il vacancy Sl.nll
! occur in the supreme court Of appeals, the
governor shall Issue a writ Of election to
ill suelt vacancy the next general selec.
ton for tl:aIesiileo lLhc:tCrm sand in the
meantime he shall I'LL such vacancy by
q appointment until judge IL elected and
qualified. But il The uMcxpiretI term i'c
lgss than two years tho governor shall gill
such vacaacy by appointment for tic uacx
,ired term.
S. The officers Of the supreme court Of
; appeals, except the rrpgrlcr, shall bs mp.
pointed by Ihu court, or, in vacation Of The
Judges thereof, with power OF removal
their duties md compensation shall be pre-.
ScriLed by Law.
Q. There shall fs9 at least two terms q!
the supreme court ofappeala held annually,
at such times aud places ia may he pre-.
srribed by law.
CIRCUIT COURTS.
10. The State shall " divided into thir.
teen circuits For the CitCNii hereinafter
caIlvd The Iirst, two judges shall he elected,
and for each Vi The other circuits One Judge
. shall he elected by The voters tfetrul. Each
of the Judges 70 elected Ahall hold his office
for The term Of eight year,, unless sooner
removed in Tie hummer prescribed in this
constitution. The Judges Of the circuit
coWrIA in Office wlien this article takCd
effect shall remain therein until the eSpir-
alton Of the term sor which they have been
elected il tue eitcu;ts in which they may
respectively reside, unless sooner h'Mnyr'i AZ
aforesaid. 4 vacancy in The Office Of a
iudge Of tie circuit court shall! hp Tiled in
the same manner aS is provided for in an!
case Of Vacancy in the Clllee Of Il Judge b
The supreme court Of appeals. During III
continuance in Office the judge Of q circui
court slall reside in the circuit Of wlIicl
he is judge. The bllSinGsI Of the iirEt cir
cult may 6e aplorlioEcd between The judge
thereof, and such jldSes may hold court
in the Nanl1 county or In different cotIMtit
within tic circuit ri the SAME time or II
diiEcpn! times, ia may DC prescribed T.!
law.
II. a circuit court shall be held in ever,
county in the State at leaat three times il
fRch yeur, aud provisions May be made By
law for holding SPECIAL tCsms Of said court
4 judge Of ANY Circuit may hold the court
in anuthet eircUit.
y. The circuit court shall have the Sill
perVisiOn NMd control OF all proceeding
| before justices and other inferior tribunals
by naLdaulus, prohibition ard Ccrti0rHTi
They shall except in cuseS confined exclu
hHEi! W IHIs Constitution W toHe Wnc
tribunal, have original and general turis
riicti0n u I'LL matters At las whcrs til
amount in controversy, exclusive Gf inter
ell, exceeds itIty dOiIaM; Of all cafes o
habcas corpus, mandamlIs, quo warrant,
anil prohibition: ami all cases in lGHity
and Of all crimes an,l mi&lemennors. The,
shall have appellate Jurisdiction In al
CaReS, civil aud criminal, where an NnDCR
writ oi error or NIrerScdcas may be al!owe'
TO the judgment or proceedings Of my it,
tErioT tribunal. They shall also have suCi
other Jurisdiction, whether supervisory
original sppellntc, or concurrent, M IL o,