West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1880-08-14
ARTICLE VIII.
JUDICIAL DEPARTM ENT.


1. The judicial power of tho State shall
be vested in 4 supreme court OF appoals,
in circuit courts, and the jndges thereof
in such inferior tribunals rs herein au-
thorizod, and II Justice of the peace.
sCHREME COURT OF AFrEALs,
2. Tho supreme court of appeals shall
consist of four judges, any three of whom
shall be quorum for tho transaction of
business. They shall bo elected by tho
voters of the State, and hold thoir Ofico
Tor the term OF twelve years, unless
sooner removed in tho manner pre-
scribed by this Constitution, eXcopt that
tho judges in Office whom this article
takes effect shall remain thorein until
tho expiration of their present term or
oilico.
3, Itshall have original Jurisdiction i'm
all cases of hubcas ,O1,D1ts. indi,cl,tli3tS and
Prohibition. II shall have appellate
jurisdiction in civil cases whciO tho mat
ter in controversy, exclusive of cost. is
OF crater value or amount than one hun
drod dollars; In controversies concern
ing the title or boundaries of land the
probate of wills, the appointment or
qualification of personal representa-
tive, guardian, committee or curator; or
concerning a mill, road way, forty on.
landing or the right of corporation or
county to levy tolls or taxes, and also in
cases of quo IOdITdyltO, hd6CGs COyUliS. ,,ln1l-
cases involving freedom or the constitu-
tionality of a law. Ii shall have appel>
late jurisdiction in criminal cases where
TN re- has been conviction for felony or
misdemeanOr i'll n circuit court, and
whore q conviction has been had i'm any,
inferior court and been affirmed i'm cirs
cult court, and in cases relating TO the
pubic revenue, the right of appeal shall
belong 20 the state as we'll as tie defend
ant, ana such othor appellate jurisdic-
ton, i'll both civil and criminal cases. as
may be prescribed by law.
4. No decision rendered by the en-
pIeme court OF appeals shall be consid-
oreI - binding authority upon any of
tho inferior courts of this State, oxcept
in the particular case decided, unless
such decision is cOncUrrCd in by at least
three judges Of raid court.
D. When n Judgment Oh deCreo is re-
Vorsed or affirmed by the supreme court
OF appeals, every point fairly arising up
on the record of the case shall DO Gonsid-
cred and decided aud the reasons
therefor shall be cOnciscly stated in wri~
ting,and preserved with tho record of tho
case aud 1T shall be the duty OF tho
court 90 prepare a syllabus Of the points
adjudicatod in each case cOncurred i'm bv
three OF the judges thereof, which shall
be prelzed 10 tho published report Of the
case.
o. A writ OF error SVpeyScdcus or APP
peal snail TO allowed only by the Su~
prone court of appeals on Judge thereof,
upon petition assigning error i'm tho
judgment or proceedings OF the inferior
court, and then only after said court or
Judge shall have examined and cynsid~
cred the record and assignm3nt Of errros,
and is satisfied that there IS error in the
same, or that il presents a point proper
for tho consideration Of tho supreme
court Of appeals
Z II from any cause q vacancy shall
occur i'm tho supreme court OF appeals,
the Governor shall issue writ OF loo
ton 10 fiji such vacancy at tho noXt pon-
c~al election tor the residue of the term
and lu tho meantime me shall hll such
vacancy by appointment for tho unCx-
pireu term.
B, The officers Of tho snpromo court Of
appeals, except the reporter, shall bo ape
ppinicd by the court, or in vacation by
the Judges On TeOf, with power OF ro-
mOvd; thCir duties and conformation
shall be prescribed by law.
q. There shall be at least two tcrr0s of
The supreme court of appeals hold aunu-
ally, at sucn times and places as may be
prescribed by law.
CIRCUIT COURTS.
10, The state shall Doe divided into tlir-
teen cil cults. For tho circuit herein
after called the hr-t two Judges shall
b9 elected, aud for oIch OF Tho Othor cir~
cults ono judge shall be elected by the
voters thereof Zach Of Tho Judges $50
elected shall hold Ills Ciuco for the term
pt eight years, unless sooner removed i'm
tlC manner prescribed i'm This .ou4fifu-