The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1880-07-07
ARTICLE WI.
JUDICIAL DEPARTMENT.

JUDICIAL DEPARTMENT.
l. The Judicial power Of tho State shall
be vested in Il supreme court OF app,ais, IN
circuit courts, and the judges thereof, in
such inferior tribunals as are herein au-
thorized, and in justices OF the peace.
SUPREME COURT OF ArrEAis.
Q. The supreme court OF appeals shall
consist Of four judges, any three OF whom
shall be quorum Tor 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 re-
moved in the manner prescribed by this
Constitution, except that the judges in oil
flee when this article takes effect shall re-
main therein until the expiration Of their
present term OF Office.
5. 1t shall have original jurisdiction in
cases ofhGbcds corpus, NdnddplllS and pro-
hibition 1t shall have appellate jurisdic-
diction in civil cases where the matter in
controversy, exclusive OF costs, is OF greater
value or amonnt than one hundred dollars
in controversies concerning the 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 landiug; or the right OF a corpora.
ton or county to levy tolls or taxes, and
also i'll cases OF quo uaranto, hajeas cor
pms, mdnddR,us, certiordri and prohibit
ton, and in cases involving freedom or
the constitntionality Of a law. It shall
have appellate jurisdiction in criminal
cases where there has been u conviction
for felony or misdcmeanor in u circuit
court, and where 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 the de-
PENDANT, and such other appellate jurisdic-
ton, 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 as
binding authority upon any OF the inferior
courts OF this State, except in the particu-
lar case decided, unless such decision is
concurred in byat least three judges OF
said court.
5. When judgment or decree is re-
yersed or affirmed by the supreme court OF
appeals, every point fairly arising upon
the record OF the case shall be considered
and decided; and the reasons therefor
shall be concisely stated in writing, and
preserved with the record OF the case; and
it shall be the duty OF the court to prepare
a syllabus of the points adjudicated III
each case concurred in by three Of the
Judges thereof, which shall be prefxed to
the published report OF the ease.
6. A writ OF error, stpersededS or appeal
shall be allowed only by thesupreme court
OF appeals or "a judge thereof, upon petit
ton assigning error in the Judgment or
or proceedings OF the inferior court, and
then only after said court or Judge shall
have examined and considered the record
and assignment OF errors, and is satisfied
that there is error in the same, or that it
presents point proper for the eoiisilera-
ton Of the supreme court of appeals
! 4 Ii fror. any cause vacancy shall oc-
cur in the supreme court oil appeals, the
Governor shall issue writ OF election 10
| fill such vacancy at the next general cleo
ton for the residue OF the term; and i'll the
meantime he shall fill such vacancy by
appointment until Judge is elected and
qualified. But ii the unexpired term be
less than two years the Governor shall fill
lsueh vacancy by appointment for the un-
expired term.
| s. The officers OF the supreme court OF
appeals, except the reporter, shall be ap-
pointed by the court, or, in vacation by the
judges thereof, with power OF removals;
their duties and compensation shall be
prescribed by law.
8. There shall be at least two terms OF
the supreme court of appeals held annu-
ally, ut such times and places Us may be
prescribed by law.
CIRCUIT COURTS.
TO- The State shall be divided into thir-
teen circuits. 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 elected shall hold
, his Office for the term Of eight years, unless
sooner removed in the manner prescribed
in this constitution. The judges OF the
circuit courts III Office when this article
takes effect shall remain therein until the
expiration OF the tern for which they have
been elected in the circuits in which they
may respectively reside, unless sooner re-
moved as aforesaid. A vacancy in the of
flee OF judge OF the circuit court shall be
filled in the same manner as is provided
for in any case Of vacancy i'll the Office OF
q judge OF the supreme court OF appeals
During his continuance in Office the Judge
OF circuit court shall reside in the circuit
OF which lie is judge. The business Of the
first circuit may be apportioned between
the judges thereof, and such Judges may
hold courts in the same county or in dii-
ferent counties within the circuit at the
same time or at different times, us may be
prescribed by law
III. 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.
A Judge OF any circuit may hold the courts
in another circuit.
II. The circuit court shall have the SUI.
perrvision and control Of all proceedings
before justices and other inferior tribu-
mails, by mandamus, prohibition and Ger.
ttorqrt. They shall except in cases 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-
sive Of interest, exceeds fifty dollars; of all
cases OF ha6CGs corpus, mandaln,is, quo icdr-
rdato, and prohibition; and all cases in
equity, and OF all crimes and misdemean-
ors. They shall have appellate jurisdic-
ton in all cases, civil and criminal, where
an appeal, writ OF error or SlperseGcus may
be allowed to the Judgment or proceedings