The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-09-25

Resolved, by the Legislature Of Wts
! Virginia, two.thilda Of eli The member
elected to each IIoUsc agreeing thereto
| THAT The following be aud tho same j
hereby proposed ~ an GmenGment to lii
Constitution II this Stale, to wit: ThA
article eight Of said constitution US it nov
/ is lH stricken ont, and The following be i'll
serted IN lieu thereof:
ARTICLE VIII.
JUDICIAL DEpARTiEST.
/. The Judicial power Of the State shal
I've vested in a supreme CoIIt Of appeals it
circuit courts, and the judges Thereof, il
such inferior tribunals as arc herein all
ihOrized, aud in justices Of the peace.
SUPREME COURT or ArrrALS.
?. The supreme court OF appeals shat
consist Vfionr judges, my three OF whoN
shall liz Il QuOr'.m fuE the Transaction d
business. They shall be elected by the
voters OF the Slate, anil hold their office iol
the term Of twelve yeals, unless Sooner re
moved in the manner prescribed BY hi,
constitution, rXcCiGthRt The judges in ctlict
when this article takes effect shall renllir
therein until the expiration .! tllrir present
tr!Iu ri o;.iie.
8. I. stall have original Jurisdiction in
cases u hnb@as corpus, mandamus and
prohibition. Il shall have appellate iuris.
,iiCtiOn III civil cases. where i!le matter in
CUn'FoTtrsY, exclusive Of costs, is Of greater
value or amOHnt than one hIntlrC, dollars;
in controversies concerning the title Of
boundaries Of land, the p;n!,ale OF wills,
The appointment Disqualification Of per
90nal representative, guardian, committee
or curator; or concerning a mill, road,
way, ferry or landing; or The right al =
corporation OF county to lcvy tolls or taxes,
ain! also a!cases ot quo wdrran!p, habcas
corpus, nlanlamus, ceiliorari unl prohibit
tion, uHl'ih case, invoking freedom or tie
cOns,isutiOnality OF law. Il shall have
appellate Jurisdiction in criminal csscs
where Tiers :Rs been a conviction for Eel
oaY ralt4tlcmpanor in circuit court, and
whare conviction has hten had in any iu-
feriOF court and been affirmed in circuit
court, and in eases relating 10 the public
revenue, the right Of appeal shall belqng to
tie State aswell as the defendant, and such
other appellate Jurisdiction, in both ciSil
aud criminal c4sts, as :uay be prescribed
by law.
4. No decision rendered by the supreme
coUr! Of appeals shall be contidprGA q.
binding authority upon any Of The inferior
courts Of this Stale, except in the parIicG.
lar ease decided, uDIrss such decision il
CONCUTFSd in by at least three iulaes OF
said courl.
j. When a Judgment or decreCi is reversed
or ailirm,d BY IhcsupTrlnc court o!Hppeala,
every point fairly arising upon the record
Of The case shall bc considered and decided
and the rcasnns therefor shall bc coMcisry
stated In writing, anil preserved with III,
record Of the CHse; and ii shall be tlleduly
Of the c0url to prepare syllabus Of tue
points adjUdicatCd in each ease Concurrel
in by three OF the judges thereof, which
shall lc petixcd to the published report Of
| tic case.
@, a writ Of error, BiIpersedeas or appeal
shall 10 allowed by the supreme court 0!
appeals or u Judge thereof, upon peliticn
assigning error in tue judgment or pro.
rcehings Of the inferior court, and tiIeN
only alter said court or iu,lre shall hay,
examined aud considered tile record and
assignment Of errors, and is satisfied thai
tlietC is error in tho same, or that il pre-,
senIs point proper for the consideration
Of tic supreme court 81 appeals.
4. Ii from any callsG 4 vacancy Bhnl
occur in tie supreme court Of appealF, III
| governor shall issiie n writ Of election &
i#tillkNCllHvlraIlCys tiilenextz generhl=elee:
fiioU for The rrsiliRe Of the EcfAij and in thl
mpHntiHe he Glllll I'LL su9lI yncnnCg hl
| appointment uHtil=2=iRage il elected am
=q!IaliEci-Islt=if=il.s=;ii srSpintl=tCruizE,
| less than two ycarl the governor shall I'll
such VACANCY by appointment for The Uncx
! pirEll term. s5
4. The 0nigers of=tllc supreme court o
| appeals, except the reporter, shall ba mp
pointed by thu court, Of, in vacation Of III
judges Thereof, with power Of removal
their duties aud compensation shall be pre-
scfii4d rs Law.
Q. There -haIl be nj least two terms n
the supreme ruirl OiNWeals held annually
at such Tines and plaers aS may bg pre-
srriIed by law.
CIRCUIT COURTS.
IN. The STATE shall Lr divided into thir
teen circuits. Far the circui, he,rinaftc
called the first, two Judges si'1il he elected
anil for cnrh Of the other circuits one judy
| shall lie elected by the voters tlrtcoi. l:url
oi liz. iIlgr4 10 clvctr,! shall iuld his ollie
for the terra Of eight years, unless soUnr
renewed in the manner prcscribrd in hi
constitution. The Judges ui the circni
courts in Uiliec when this article take
r,Iyc, shall remain therein until The xpir
"a,ion Of The term for which they have Ecvl
elected in the circuits in which they mr,
respectively reside, unless sOo.cr removed u
aforesaid. 4 vIynncv IN the UtliCr Of
iuiCc ii the circuit cIurt shall he filled !,
The same manner us il provided Tor In an
case If a vacancy in tic Office Of Judge
the supreme court Of appcul4. Dining h
continuance in oiI;r the iuhge 0f cir Gu