Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1880-08-31
ARTICLE VIII.

elSatof said Constitutinn as it now is be .trick
sh.. ons, ana the following be inserted in lieu
ss,.s'a ss5,ta ARTICLE VIII.
-s, JUD1cIAL DETACHMENT.
I. The judicial power of the State shall be-
vested IN a supreme eourt of appeals, in circuit
courts. and the Judges thereof, in snsh inferior
t.Iounals as are herein authorized, and in JUS
tees of the peace
SAT SUPREME coUar OF ArPEALs,
- =. The supreme court of appeals shall consist
quorum for the transaction of business Tboy
snail be elected by the voters of the State. and
unless sooner removed in the manor prescribed
oX TINS Constitution. except that the judges in
ONCE WHOM this article axes effect shall remain
term of office.
s.. 1t shall have original Jurisdiction in cases
OF 4a6eas corpus. mandamus and prohibition. II
snail have appellate jurisdiction in civil cases
where where the matter in controversy, exclusive Of
Sosts, Is OF creator value or amount than one
hundred dollars; in controversies concerniug
sne me ute Or boundaries of land. the probate Of
nls, me appointment or qnalificati ct a
personal representative, guardian, COMMITTEES
or e curator; or concerning, mill. road, way,
Terry or landing; or the right OF a corporation
or county to levy tolls or taxes. and also in
eases OF quo 'oarrGnto haCeas corpus. nnnudans
eert,9rart and prohibition, and in cases involving
freedom or the constitutiouality of law It
shalI have appellate Jurisdiction in criminal
cases where there has been a conviction for
felony or misdemeanor In a circuit conrt. and
. ~here conviction has been had in any inferior
court ana been a firmed in circuit court, and
In cases relating to tho public revenue, tho
right of appeal shall belong to the State as eli
risdiction, in both civil and criminal cases. NJ
may be prescribed by law.
-. NO deelsion rendered by the supreme court
OF appeals shall be considered as binding nu-
thorlty upon any of tho inferior courts of this
state. except in the particular case decided nm
less such decision is concurred IN by at least
three 1rdges of said court.
.: w 5ea Judgment or decree is reversed or
anrmed by the supreme court of appeals, every
Pot3t fairly arisiug .upen the record of the cass
shan be considered and decided and the rca-
sons therefor shall be couciselv sta ted in writing
aud preserved With the record of the case and
it shall be the duty of the court TO prepare a
syllabus of the points adjudicatcd in each case
concarred IN by three of tho Judges thereof,
WHICH shall be prefxed to the published report
6. writ of error. superseded. Or appeal shall,
bs allowed only hv the supreme court Of apneais
Judge thereof, upon pettion assianIns az
TOT In the Judgment or proceedings of tho in
judge shall have examined and eon.ilcTed tT Sc
Teeord and assignment of errors. and is satisfied
senba point proper for the consideration of the
supreme court of appeals.
A., 7, If from any cause a vacancy shall occur in
tnc supreme court of appeals. tho Governor
shall issue writ Of election to Gil such VS.
eaney &c LUG next general election for the res
Idne OF the term: and in the meantime he shall
MI such vacancy by appointments until a tad &c
ts e.sf S 1 and qualified. Ent if the un"xpircd
MI sneh vacancy by appointment for tho uncx-
s. The officers of the supreme court Of op-
peais' except tho reporter shall he appointed b
the court, or. In vacation by tho Judges thereof.
win power of removal: their duties and COM
psnsation shall be prescribed by law.
9. There shall BIO at least two terms of the su-
pTehc coIrt ct appeals held annually. at such
Hmes aud places as may DO prescribed by Ia ".
cIEcUIT COURTS.
10. Tho State shall DO divided into thirteen
si:euits For the circuit hereinafter called the
Arst TIVE judges shall be elected and for each
OF the other circuits one indge shall be elected
BY the voters thereof Each of the Judges so
elected snail hold his office for the term of eight
years, unlc's sooner removed in tho manner
Rrssefned Ia this constisntion TIE judges of
taxes efact shall! remain therein until tic eIr;-
ration of the term for which they have hccn
elected IN the circuits in which they may re-
sPestiyoiy reside ,nn less sooner removed as aforc-
said. vacancy in the office of a Judge of tho
as is provided for in anr case of a vacancv il,
tho e6ioe of a judge of the suprore CONT Of ap-
iadgo of a circuit court shall reside 10 tho cir
suii OF which he is Judge. The business of tho
Judges thereOf.and such judges may hold courts
in the Same county or in different counties
snt times: az may be prescribed by law.
II. A circuit eonrt shall no held in every
year. and provisions may he nado bv law for
holding special terms of said court indigo Of
safs. N'' '''''' A"'" the S'''''S IN another Cir
;is. The eircnit court shall haze the srporvi-
slon and control of all proceedings be- fore ms
tees and other in ferior tribunals. bv nnanduaus
prohibition and c"TtiorHri. They shall cxccpt in
eases confined exclusively by this constitution
to some other tribunal have original md gen
sr2l 1urlsdletlon of Ill matters law where tho
AMOUNT IN controversy exclusive of interest.
exceeds Atty dollars; of all cases of haG.ss cor
F"s, mnndam"'. quo t1arranio, nd prohibition;
nisdemeanors. They shall have appeIIat o iuris.
dlotion IN All cases. civil and criminal. whore
an apPesi writ OF error or s"perstdea. may he al
!eWe9 TO the udEment or proceedings of any
inferior tribunal. They shall also have such
.I I JatIisulo'Ioh, wnether supervisory, orGi-
nal appellate or concurrent, is may be
prescribed by law.
State shall be divided to tho foiowine e ome
cults; The counties of Broo .c. Hancock. Ohio
the counties of MononGalia, Marion aud Harri,
son the second tho counties of Preston. Tav-
1S S BsrbGar. Tucker and Ran9opb. the t,rd
dridse, the fourth the coHntins of Wood Writ
end Pleasant. the fifth: the conutics Of Clay.
the counties of Putnam, Kanawha anG Mason
fhe seventh the counties of Cabcll, Wayne,
LINCOLN and Logan, the eighth tho counties of
Mcdowell. Mercer. Raleigh. wyoming and
Soone. the ninth the counties of Greouhricr.
honroe: summers, Favette aud Pocahnntas the
tenth the counties of Upshur. Lewis. Braxtou.
tins ot and MsnsteT; the eleverth the eoun
rsnd Rss the twelfth the counties Of Jeor-
son. Bsrke ley and Morgan. the thirteouth.
Is: mo Legislature may realTangc the circuits
herein provided for at any session thereof next
Presseding g any general election of the judges of
said circuits. and after tho year one thousand
eight hundred and eighty eight, may at any
such session, increase or diminish the NUMBER
IS; The Legislature shall provide bv law for
holding regular and special terms of the cirenit
eo1rts, where from any canSo the Judge shall
IAN to attend, or, If in attendance, cannot prom
erfy preside.
GENERAL PROVISIONS.
16. All judges shall be commissioned br tle
Governor. The salary of Judge of the suprcme
court of appeals shall be two thousand two
hpndred ooilars per annum. and hat of a Judge
of the circuit court shall be one thousand ei"6t
hunurCd dollars per annum: and each shall re-
celVc the same mil eaGe members of the Log
1slature Prorided. That Ohio county NAV nav
an additional sum per annum to the judges Of
tho circuit eonrt thereof: bnt such allowance
shall not be increased or dimi nisred during tho
term of Office of the Judges to whom it NAV have
been mado: No judge during his term of cffice
shall practice the profession of law or hold any
other office, appnin tment or public trust under
Thu OF any other government. and tho accent:
ance thereof shall vacatc his judicial office. Nor
shall he during his continuance therein DO eli