South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1880-09-10

State.
Resolved 5y tie Legislators of Hesi Ta.
giHiu. tsro-ihiris Of oii tie members elect
Ell 10 each House ogsceing thereto: Ths,
the following te aud the same is hereby
proposed as an amendment 10 the Con-
stitution OF this State. TO Wit That ar.
ticle eight of said Constitution as it now
is be stricken out, and tic following be
inserted in lieu thereof:
ARTICLE VII.
JUDICIAL DEPARTMENT.
1. The judicial power or the State
shall be vested in supreme court OF
appeals, in circuit courts, and the judges
herein authorized, and in justices of the
peace.
SUPREME COURT OF ArPEALs.
2. The supreme cour; OF appeals shall
consist OF four judges, any three or
whom shall be quorum for the transac.
ticn of business. They shall be elected
| bv the voters OF the State, and hold their
| Office for the term or twelve years, un--
less sooner removed in the manner pre-
scribed by this cou Institution, except that
the judges ia Office when tins article
takes effect shall remain therein until
the expiration OF their present term OF
Office.
3. 1t shall have original Jurisdiction
in cases of hGbeGs corpus. r'da3d2ags and
prohibition. 1t shall have appellate ju.
risdiction in civil cases where tho matter
in controversy, cSclusive or costs, is OF
greater value or amount than one hun
Gred dollars in controversies concern
ing the title or boundaries OF land, tue
probate o. wills, the appointment or
qualification Of personal representa-
| tive, guardian, committee or curator or
concerning a mill. road, way, ferry or
landing; or the right OF corporation
or county 20 levy tolls or taxes. and al {.
so in cases OF QHo ,cdrrGnto, haJeGs cor
piis na0naanus, certioruri and prohibi-
ton, and in cases involving freedom or
the constitutionality OF a law. 1t shsll
have appellate jurisdiction in criminal
cases where there has been - conviction
! for felony or nisdemeauoi in a circuit
court, end where conviction has been
had in any inferior court and been AZ
| frmed in q circuit court, and in cases
relating TO the public revenue. the right
or appea! shall belong 10 The State as
well as the defendant, and such other
! appellate Jurisdiction, in both civil
and criminal cases, as may be prescrib-
| ed by law.
| A. No decision rendered by tho gu
pre,oe court OF appeals sGal! DO consid-
cred as binding authority upon any Of
| the inferior courts OF this State. oxceE.
in the particular case decided, unless
such decision is concurreG in by AZ least
three judges OF said court.
5. When Judgment or decree Is revers-
| ed or affirmed by the Supreme court Of
| appeals, every point fairly arising upon
tho record OF the Case shall be consid-
| cred and decided and the reasons there
! Of shall be concisely stated in writing
| II preserved with tho record or the case !:
| and it shall he the duty Of the court to
prepare eyllabus Of the points ad ju-
dictated in each case concurred iH 81
three OF the judges thereof. which shah
he prehxed - tho published report Of
the case.
g. A writ OF error. sapcrsecleas or an
peal shall be allowed only hy the sn-
prcrse court of appeals or a judge there
OF, upon petition assigning error is
the Judgment or proceedings of the 10.
court or judge shall have examined anG
considered tho record and assignment
OF errors, and 10 satisfied that there IN
error in the same, or that IL presents =
point proper for the consideration Of the
supreme court OF appeals.
z. If frora any cause vacancy shall
| occur in the supreme court Of appeals,
the Governor shall Issue writ of cleo
ton to fill such vacancy "a Ga. next
general election for tho residue of the
| term; and in the meantime he shall nli
such vacancy by appointment until a
judge ia elected and qualified. Rus II
the unexpired term be leas shan 40
years tue Governor shail Oh sucS Yacaa.
cy by appointment for ;Ao unexpired
! term.
8. The officers OF the supreme coars
! Of appeals, except the reporter, shall Re
| appointed by she court. or, IL vacation
by the judges thereof. with power OF re-
moval their duties aed compensation
shall he prescribed by law.
9. There shall be st lsast ts7D leTms
OF the supreme conrt OF appeals held
| annually, at such times and places as
may be prescribed by lav.
CIRCUIT COURTS.
10 Tho State shall DO divided into
thirteen circuits. For the circuit hsro-
insf' CT called the first, two judges s1ail
be elected, and for each OF tue othe, cir
cults one judge shall be elected by tho
voters thereof. Each Of the judges 30
elected shall hold his Office fOr ths tern
Of eight years, unless gOonor removed
in the manner proscrihe1 in this consti.
tGtion. The judges Of Tho circuit courts
in Office when this article takes effect
shall remain therein until the expire
ton Of the term for which they hayo
been elected in the circuits IN which
they may respectively reside. unless
soon removed as aforesaid. a vacancy
in tho Office o; a judgc a. the circuit
court shall be filed in tie same manner
"a is provided for in any case OF . "a