South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1880-07-02

JOINT RESOLUTION proposing On -
mendment 70 Ehe Constitution Of The
State.
Resotved BY tie Leyislafsrs of Wea Var.
yisia, feo-fkirds Of aH the members elect
Ell to each House 0J,eeisg therefor That
the following be and the same 10 hereby
proposed % m amendment TO the Con-
stituti0n Of this State, 70 wiz: That a..
tic'e eight of said Constitution as it now
is be stricken out, and the following be
inserted In lieu thereof:
ARTICLE VIII.
JUDICIAL DEPARTMENT.
1. The judicial power Of the State
shall DO vested in q supreme court OF
appeals. in circuit courts. and the judges
thereof, in such inferior tribunals as are
herein authorized, and in justices Of tho
peace.
SUPREME COURT OF APPEALs.
2. The supreme court Of appeals shall
consist Of four judges, any three OF
whom shall be quorum for tho transac-
ton Of business They shall be elected
by the voters OF the State, and hold their
Office for the term OF twelve years. un-
less sooner removed in the manner pre-
scribed by this constitution, except that
the judges in Office when this article
takes effect shall remain therein until
the expiration OF their present term Of
Office.
5. It shall have original jurisdiction
in cases OF habeas corpus, ptdn,fdmus and
prohibition. It shall have appellate ju-
risdiction in civil cases whore tho matt
in controversy. exclusive OF costs, is OF
greater value or amount than one hun
dred dollars !. ipseontroversies concern
ing the:title OF bouniisries OF land, The
probate o: villa the appointment or
qualification. OF personal representa-
tive, guardian, committee or curator or
concerning mill, road, way, ferry or
landing; or the right Of a corporation
or county TO levy tolls or taxes. and al.
SO in cases OF qsO ,rdr,unto, hdJeos cor
pus, Rsanaan,tIs, certiordri and prohibi-
ton. and in cases involving freedom or
the constitutionality Of q law. 1t shall
have appellate jurisdiction in criminal
cases where there has been conviction
for felony or misdemeanor in circuit
court, and where conviction has been
had 10 any inferior court and been az
firmed in circuit court, and In cases
relating to the public revenue. the right
or appeal shall belong TO the State as
we'll as the defendant, and such other
appellate jurisdiction. in both civil
aud criminal cases, rs may be prescrib-
ell by law.
4. No decision rendered by the s,a-
prcme court OF appeals shall be consid-
cred as binding authority upon any OF
the inferior courts OF this State, except
in the particular case decided, unless
such decision is concurred in by at least
three judges Of said court.
5. When jud Sment or decree is fevers.
ed or affirmed by the supreme court Of
appeals, every point fairly arising upon
the record OF the case shall 20 consid-
cred and decided and the reasons there
of shall be conciscly stated In writing,
& preserved with the record OF the case !;
and it shall be the duty Of the court to
prepare q syllabus Of the points adju-
Dictated in each case concurred in by
three Of the judges thereof. which shall
DO prefxed TO tho published report OF
the case.
6. A writ Of error, supersedeas or ap-
peal shall be allowed only ny the SUI
premc court OF appeals or a judge there
OF, upon q petition assigning error in
the Judgment or proceedings OF the in.
ferior court, and then onlyTafler said
court or judge shall have examined and
considered tue record and assignment
of errors, and is satisfied that there is
error in the same, or that il presents a
tnt fAr ho II ,xf th
supreme court OF appeals.
Z. II from any cause vacancy shall
occur in tho supreme court of appeals,
the Governor shall issue q writ Of cleo
tion to fill such vacancy at the next
general election for the residue OF the
term; and in the meantime he shall fill
:uch vacancy by appointment until a
tuGsc is eleuttal and qualified. But If
The unexplred term I've less shan two
years the Governor shall oil such vacan.
cy by appointment for the unexpired
term.
8. The officers Of the supreme court
of appeals, except the reporter, shall be
appointed by tho court. or, in vacation
by the judges thereof. with power OF re-
moval; their duties and compensation
shall be prescribed by law.
0. There shall DO at least two terms
OF the supreme court OF Appeals held
annually, at such times and places as
may be prescribed by law.
CIRCUIT COURTS.
10. The State shall be divided into
thirteen circuits. For tho circuit hero.
inaf; err called the first, two judges shall
be elected, and for each OF the other cir
cults one judge shall be elected by the
voters thereof. Each OF the judges 90
electe shall hold his office for the term
or eight years, unless sooner removed
ia the manner prescribed in this consti.
tuition. The judges OF the circuit courts
in Office when this article takes effect
shall remain therein until the expira-
ton OF the term for which they have
been elected In the circuits in which
they may respectively reside, unless