Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1880-07-13
ARTICLE VIII.
JUDICIAL pEPAKTMrNr.

JCDrCIAL DEPARTMENT.
8. The judicial power of the State shall be
courts, aud the Judges thereof, In such Inferior
tribunals as are herein authorized, and 10 JUS
surR.ME coUsr OF APPEALS.
The supreme court of appeals shall consist
of four judges, any three OF whom shall he q
quorum Tor the trapsaction of business TEev
snan be elected by the voters of the state aud
hold their Office for tile term of twelve years,
pnless sooner removed in the manner prescribed
ev Ghls Constitution, except that the Judges i'll
otice whom this article takes effect shall remain
therein until the expiration of their present
8; It shall have original Jurisdiction 10 ca,es
OF 1a5tas eo'Pus. rHandamus and prohibition. 1t
shall have appellate Jurisdiction in civil cases
where the matter in controversy, exclusive of
sosts.ls of greater value or amount than ono
tue title or boundaries of land the nrobate nf
Sills. tue appointments OF qnalif cation ct y
Personal representative, guardian, committee
or curator; or concerning a mill. ro3d way
ferry or landing: or the right of corporati9n
= eases of quo tc1rTGnto habeos corpus 1naudan,ls
esrttorart and prohibition and in cases involving
saall have appellate jurisdiction in criminal
cases where there has been n conviction for
where cenvtction has been had in any inferior
court and been affirmed in a circuit courf. a;ii
right of appeal shall belong to the State a. vve1I
te defnndnnt and snch other appellate jul
may be prescribed hy law. s "N
No decision rendered by the supreme court
IL
shortly upon any of the inferior courts Of this
state. .IeePt IN Ihe particular decided ,un-
three Judges of said court.
When judgment OF decree is reversed or
Pelnt fairly arising upon tho record of tie case
shall be considered aud decided aud the Teao
aud preserved with tho record of the case J.: and
It shall be the duty of the court to preparc A
syllabus OF the points atliudicateil in each case
eoncprred IN bv three of the judges thereof,
which shall be prefxed to the pu OIished report
g. writ of error. supersedeGs or appeal shall
~ allowed only by the Supreme court of appeals
OF luu t tnereol, upon petition assuming er-
TOT 10 inc Indgmsnt or proceedings of the in
terior courts, and then only after said court or
Judge shall have examined and considered the
Iecero and asslSnment of errors, and is satisfied
thAt thrre Is error in the same. ar that If pro-
sents point proper for the consideration of the
supreme court of appeals
~. II from any canse a vacancy shall cccur in
the snPrame court of appeals. tho Governor
enaIi issue a writ of election to fill such va
eaney ut the next general election for the res
id1e at the torn and in the meantime he shall
MI such vacancy bv appointment until n ind 60
:s elected and qualified. But if the unexrircd
nj snch vacancy by appointment for the unex~
PRED term.
S, The officers of ths supreme court of ap-
psais, except the reporter. shall he appointed hv
rhe court. OF. IN vacation BIZ the iqdres thereof,
WIN power OF removal: their duties AID com
Pensation shall be prescribed by law.
8. There shall be at least two terms OF the ST.
Preme oo9rt of appeals held annually. at suo1
tames aoo places as may be prescribed by law.
CIRCUIT CovE-s.
10. The State shall be divided into thirteen
ciTeuits. For the circuit hereinafter called tic
HEsS. Two judges snail be elected and for each
OF tho other circuits one Judge shall he elected
by the voters thereof. Esch of the Judges so
elected shall hold his Office for the of eight
years, unless sooner removed In the manTer
prescribed Ill this constitution Tie judges of
takes effect shall! remain therein until tie nj
RATION OF the term for which they have hpca
BDsctiveiy reside sun less sooner removed as aforc
SAID. vacancy in tue Office of ju,l &c of tho
as il nrovided for in any case OF a vacancy in
the office of a judge of the supreme court OF APP
Judge of n circuit court shall reside in tho cir
eur OF which he is judge. Tho business OF tho
nrss eirSnit may DO apporti"ned between the
judges thereof. aud such judges may hold courts
In the same couutv 10 different conuiirs
within the circuit at the same time al differ
eEt times as may bs prescribed hv law
II. circuit court shall be hold in every
county IN the State at least three times in each
year. and provisions may he made by law r,r
holding special terms of said conrt iuIee of
any circuit may hold the courts in another civ
IL. The circuit court shall have tho sroarvi-
sion aud cootrol of al! proceedings before Ins-
tees ana other inferior tribunals. BY rtanduIaus
prohibition and c"itiOruri. They shall CxcenT in
eases confined exclusively by this consiitut;or,
to some other tribunal. lave original add GER
eral Jurisdiction of ali matters at law where The
amount amount 20 cor tT4versy exclusive of interest,
pu'. mandAm"': quo ,Darranto, a oil prV!nIir;pp:
and all cases III equity. and of all crimca AMI
misdemeanors. They shall have appeiiaiei1r.s
diction in all eases. civil! and criminal, Where
an appeal writ of err or SupsrStdeas NAV he al
lowed to the judgment or procccdings of any
inferior tribunal. They shall also Larr snnF
other Jurisdiction, whether supCrvlSorT oriCi-
asl appeiiate. or concurrent, as is may be
s, Is: Until Until, otherwise provided by law. tho
euits: The counties of BROOKE. HInc ok o. 81
and Marshall snail constitute tue first circnit:
the counties of M%n"ngaIia. Marion aud Harri'
son Lne seconn: the counties of Preston Tuv-
lor. Barbour. Tucker and Randolph. the th,rd;
the counties of Wetzel. TYLER. Ritchie and bod.
&c In
and Pleasant. the Gfth; tho counties of CAY
SiImeT JackS"n. Roane a"d Calhoun the SIKH;
fne seventh the counties OF CAbcll, WAYNE
hlncoln and Logan. the eighth the cnnntIsS of
Boone. the ninth: the counties Of Grerrbri"r
monroe. Summers. FIvctte and PHcaLnntns the
Nisnoias and webster tie tE III, ir coIm
ties OF Grant, Hardy, Hampshire. Mineral aud
son. Berkelcy and Morgan, the til rtccnth'
IA: The Legislature NAV IN ce tho circuits
preceding anv general election of the i,dres 81
SAID ciTcu'ts. and after the wear ono Thousand
eight hundred and eighty elght, NAV nj my
thereof. '''' ''"4' oeF
Is The legislature shall provide nv law for
conrts, where from any cause the jndce slniI
erly preside.
GENERAL PROVISIONS.
16. All judges shall be commissioned bv tho
Governor. The salary of Il judg e of The sunre,nc
hundred dollars per anrmn, aud that Of 81 iudr"
OF the circuit court shall be one thousand eight
hundred dollars per annum: and each shall re-
cove the Snme milca &c II members of the 7 ar
islature.. PToridsa. That OHIO county mavnay
an additional sum per annum to the judges OF
the circuit court thereof: but such allowance
shall not he Increased or dminish ell during the
form of office of the Judges 10 whom II may have
been made No judge during his term Of afIica
shall practice the profession of law or hold tnT
other office. appointment or public trust und.r
this or any other government, snd the accent
Ance thereof shall vacate his judicial cfh e. Snr
sbal he during his CONTINUANCE therciu. be eIi
gible to any political office.
II. judges may he removed from cfire nv n
concurrent vote of both honses of the lenisla-
sure, when from age, disease. mental or bodily
infrmitY intemnerancc. they nrn nc,nnl.la