Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-07-17

h Of an ne neatJsrs eleed 10 eAh Hoslse ogreeing
Mereto That the following BE- and the same i here
by proposed ~ amendment to The Constitution Of
this State, to-wt: That ~ tice eight Of said Consd
tuition % it now y be stricken out, and the follow
ing te'inse!ted III lieu thereof
ARTICLE VII
JeDicIAl pErARrxExr.
/. The judicial power Of the State shall be vested
] / u Supreme Coult Of Appeals In Cieuit Conits
| and the Judges thereof il such inferior trbun is
are herein Authorized, and in Justices ofthe Peace
srPsESE corE7 or APPEALS.
| 2. The supreme Court Of Appeals shall consist Of
| fonr judges, any three Of whom shall be quorum
for the Transaction obusiness. They shah be elected
by the Of the state, and bold their Office for
the term Of twelve years, unless sooner removed In
the manner prescribed by this Constitution, except
that the Judges in Office when this article takes effect
! thal remain therein until The expiration Of their
8. II shall have original jurisdiction in cases Of
| habeas colpns, mGndamus and prohibition IL shall
have appellate jurisdiction in civil cases where the
matter in controversy, exclusive Of costs is Of greater
value or amount than one hundred dollars; in
troversits concerning the title boundaries Of land
the probate Wills the appointment qualification
Of personal redreseutatiVe, guardian, committee or
curator; - concerning mill, read, way, ferry or
landing; or The right Of corporation OF county to
levy tolls taxes, and also In cases of quo tcQrrdnto
habeds corpus, a'adamp eertiorori and prohibition,
and IN CASES invoking freedom or the constitution
atty Of q law. 1t shall have appellate Jurisdiction
in criminal cases whore there has been conviction
| for felony msdemeanor in q Circuit Court. and
! where a conviction has been had in any inferior
court and been att frned In Circuit Court and in
cases relating to the public revenue, the right Of
appeal shall belong to the state as well as to the de-
| PENDANT, and such other appellate jurisdiction, in
| both civil and criminal cases may be prescribed
| by law.
4 No decision rend cred by The Supreme Court Of
Appeals shall be considered as binding authority up
on any OF the inferior courts Of this State except in
the particular case decided unless such decision is
concurred by at least three judges OF said court
s. When a Judgment or decree is reversed or al
frmed by the Supreme Court Of Appeals every point
fairly arts ng upon the record of the case shall be
-
with the record OF the case and it shall be the duty
of the court to prepare syllabus Of the points adiu
| Dictated in each concurred in by Three OF the
judges thereof, which shall be pTefxed to the pub
| lshed report Of the case.
o. writ OF ertor sppersedeas or appeal shall be
| allowed only by the Supreme Court of Appeals or
Judge thereof upon petition assigning error in the
judgment or proceedings Of the inferior court, and
then only after said court or Judge shall hayee x-
amined and considered the record and assignment
oferror and Is satisfied that there is an error in the
same or that i presents point proper tor the con-
sideration OF the Supreme Court of Appeals.
7. If from any cause vacancy shall occur in the
Supreme Court of Appeals, the Governor shall issue
a writ of election to fill such vacancy at the next
general election for the residue of the term and in
the meantime he shall fill such vacancy by appoint
ment until Judge is elected and qualified. But If
the pred term be less than two years the Gov
ernor shall fill such vacancy by appointment for the
| s. The officers of the Supreme Court of Appeals,
except the reporter shall be appointed by the court
REMOVAL their duties and compensation shall be pre-
| scribsd by law. B.,
y.
Court Of Appeals held annually, at such times ind
! places as may be prescribed by law.
| CIRCUIT
TO- The State shall be divided into thirteen cir
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 the Judges so eece shall hold MS
moved in the manner prescribed in this constitution
The judges OF the circuit courts in office when this
article effect shall remain therein until the
expiration OF the term for which they have been
elected in the circuits in which they respectively re-
side unless soon removed as aforesaid. A vacancy
in the office of Judge of the Circuit Court shall be
filled in the same manner as is provided for in any
case az a vacancy in the Office of Judge of the SUI
preme Court OF Appeals During his continuance in
office the Judge of circut court shall reside in the
circuit of which he Is judge. The business of the
first circuit may be apportioned between the Judges
| there Of and such judges may hold courts in the
same county or in different counties within the cir
cult at the time or at different times, as may be
prescribed by law.
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.
| IL The circuit court shall have the supervision
and control of all proceedings before justices and
other inferior tribunals, by mdnda0ius, prohibition
and certiorar They shall, except in cases confined
exclusively by this constitution to some other trbu
nal have original and general jurisdiction OF all
matters at law where the amount in controversy eN-
elusive of interest exceeds fifty dollars; of all cases
of habeds corpus tdnddous. quo 'cGrrdnto and prohi
btion; and all cases in equity, and of all crimes and
| misdemeanors They shall have appellate jurisdic-
ton all cases, civil and criminal where an appeal
,yr;t ~ error or siegeeas NAV be allowed to the
| Judgment or proceedings of any inferior tribunal
They shall also have such other jurisdiction, whether
supervisory original appellate, or concurrent as Is or
may be prescribed by law.
| IT, Until otherwise provided by law, the State
shall be divided into the following circuits: The
| counties of Brooke, Hancock. Ohio and Marshall
shall constitute the first circuit; the counties of Mo-
| nongalia, Marion and Harrison, the second; the
counties of Preston, Taylor, Barbour, Tucker and
Randolph the third; the counties of Wetzel, Tyler,
| Richie and Doddrdge the fourth; the counties OF
Wood, Writ, and Pleasant the hithi me counties OF
Clay, G'lmsr, Jackson Roane and Calhoun the sixth
| the counties OF Putnam, kadawha and Mason, the
| seventh; the counties of Cabell wayne Lincoln and
Logan the eighth; the counties Of Mcdowell Mercer,
| Raleigh Wyoming and Boone the ninth; the coun-
ties Of Greenbrier. Monroe, Summers. Fayette and
i Pocahontss, the tenth; the counties or upshur,
Lewis. Braxton Nicholas and Webster, the eleventh;
the counties OF Grant, Hardy, Hampshire, Minearl
s snn F RspEeley and Morssn, the thirteanth
| H. The Legislature may rearrnge the circuits
herein provided for at any session Thereof next pre-
circuits aud alter the year thousand eight hun
dred and eighy-eight, may At any such session. IN
is The legislature shall provide by law for hold
ing regular and special terms Of the circuit courts
where from any cause the judge shall fail 70 attend,
OF, If IN attendance, cannot properly preside.
| GENERAL PROVISIONS.
| All Judges shall be commissioned by the Governor.
The salary of a Judge of the supreme Court OF APP
peals shall be tn )usand two hundred dollars per
annum, and that Of Judge Of the Circuit Court
shall be one thousand eight hundred dollars per an
num- and each shall receive the same mileage as
members Of the legislature Prortded. That Ohio
county may pay additional sum per annun TO the
Judges OF the Circuit Court thereof but such allow
ances shall not be increased or diminished during
tine term office of the judges to whom II may nave
been made. No judge during his term OF office shall
practice the profession OF law OF hodany other once
appointment public Trust, under this or any other
government, and the acceptance thereofshsl yaeate
his judicial Office. Nor shall he during his continu-
| ance therein be eligible to any political office.
| IT, Judges may be removed fro "A office by q con-
current vote Of both houses OF the legislature, when
| disease, mental or bOdly lnnfmlty OF III
| Temperance, they are incapable OF dsehargng the
duties of his office. But two-hrds OF all the mem
bers elected TO each house must concur in such vote
| and the cause ofremoyal shall be entered upon the
| journal OF each house The judge against whom the
legislature may be about 10 proceed shalt receive
| notice thereof accompanied with the cause alleged
for his removal at least twenty days before the day
| on which action is proposed to be taken therein.
| Is The voters Of each County shall elect clerk
| Of the Circnit Court whose term Of office shnl be