West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1880-08-28

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times i'm each year, and provisions may
be- made by law for holding special terms
OF said court. a judge OF any circuit
may hold the courts in another circuit.
u. The Circuit Court shal, have the
supervision and control ofall proceedings
before justice, and Othor iuf3riOr triDu-
mails, by DtOHdGUtits, Prohibition and Ger
bOr0r1. They shall except in ca o. con-
fined exclusively by this constitution to
Some other tribunal, have original and
general jurisdiction Of all matters ~ law
where thu amount in controversy oxclu>
slve Of Interest, exceeds fry dollars of
all cases Of hHbeNs corpus, nl0uiuH,us,
quo roJTd1ttO, AMI prohibition
and al cases in equity, and OF all
crimes aud misdemeauOrs, They
shall haze appellate jurisdiction IN
all cases, civil and criminal, whore an
appeal writ OF error or SUBcrSedC1S may
bo allowed to the judgment or proceed
ings Of any inferior tribunal. They shall
also have such other jurisdiction, whcth-
or supervisory, original, appcl~
late, or cOncurrout, as is or may be plo-
scribcd 10y law.
10. Until otherwise provided by law,
tho state shall be- divided into the low
ing circuits Tho counties of Brooke,
Hancock, ohio and Marshall shall CON
sltUto tho first circuit; tho counties Of
MononSalia, Marion and Harrison, the
second the counties of Preston, Taylor,
Barbour, Tucker and Randolph, the
third; tho counties of WctZel, TYLER
lItchie and DOddridge, the fourth the
counties OF Wood, Writ and Pleasant.
tho fifth ; the counties o; Clay, GIlmcr,
Jackson, ROanc and Calhoun tho s. xth /;
tho counties of Putnam, Kmuwha and
Mason, tho seventh the counties Of Cab
ell, Wayne, Lincoln and Logan the
eighth; the counties of McDDwclI Nfcr>
(nt trt..r D.
ninth the counties OF GIoonbricr, Mon
roc, Summers, EayCtte aud pOclhontas,
the tenth the counties OF Upshur,
LOWS, BraXton, Nicholas aud Webster
the eleventh the counties of Grant. Ilsr>
dy, Hampshire, Mineral and Pcndioton,
the twelfth; tho counties o. Jefferson,
Berkclcy and Morgan, the thirteenth.
u. The legislature may rcarrango the
circnits herein provided for at any scs-
SION thereof next preceding any general
election O. tho judges OF said circuits
aud after tho yoar ono thousand eight
hundred and eighty eight, may at amy
such session, increase or diminish tho
number thereof.
10 The Legislature shall provide by
law for holding regular and Il cCial terms
Of the circuit courts, whore from any
cause the judge shall fail to attend, or, If
in attendance, cannot properly preside.
GENERAL PROVISIONS,
lG. All Judges shall be commissioned
by the Governor. III o salary OF "A Judge
OF the supreme court Of appeals shall be
two Thousand two hundred dollars per
sunum, and that OF Judge of
the circuit court shall be QUO thouN
sand eight hundred dollars per an.
mum and each shall receive the
same mileage as MON 5ers of the Legis>
laturc. PrODided, That Ohio county may
pay an additional sum per anpum 10 tho
Judges Of the circuit court thereof; but
such allowance shall not be increased or
diminished during the term of Office OF
the Judges to whom 1t may have been
made. No judge during his torn of Of
flee shall practice the profession OF law
or hold any other Office, appointment or
public trust, under this or aHy other
government, and the acceptance thereof
snail vac8te his judicial Office. Nor shall
ne during his continuance therein DO ol>
igtble to any political Office.
II. Judges nay he removed from of
fee by concurrent vote of both houses
of the legislature, when from rge, dis
case, mental or bodily inhrmity or in
temperance they are incapable of dis
charging the duties of their Office. But
twoNthirds of all the members elected to
each house must concur in such vote,
and the cause of removal shall he en-
tered upon the journal Ct each house.
The Judge against whom the legislature
may bc about TO proceed shall receive
notice thero f. accompanied with the
cause alleged for his removal, at least
twenty days before the day on which ac>
ton is proposed to be taken therein.
Is. The voters of each county shall
elect clerk OF the circuit court, whose
term of oilicC shall be six wears his du-
ties and compensation and the manner
of removing him from office shall be pre-
scrired by law; end when "a vacancy
shall occur in the Office, the circuit court
or the Judge tbcreofiu vacation shall ill
the same 10y appointment until tho noXt
general election. I'm any case in respect
to which The clerk shall be so stu lted as
to make il improper for him to act, the
the said court shall appoint q clerk 20 act
therein. The clerks of said courts in Of
flee when this article takes effect, shall
remain therein for tho term for which
they were elected, unless sooner removed
in the manner prescribed by law.
10. The Legislature may establish
courts OF limited jurisdiction within any
county, Incorporated city, towD or vii
lagc, with the right of appeal to the cir
cult court, subject TO such limitations as
may be prescribed by law; and all courts
of limited jurisdiction heretofore estab
ished in any county, incorporated city,
town or village, shall EN- in as at pros
ent constituted until otherwise provided
by law. The municipal court Of Wheel
ing shall continue in existence until 9th
orwise provided by law, and said court
and the Judge thereof, shall exercise the
powers and jurisdiction heretofore con
icrrod upon them; and appeals i'm civil
cases from said court shall lie directly To
the supreme court Of appeals.
20. No citizen of this State who aided
on participated in the late war between
the government of the United States and
% part OF the people thereof on either side
shall be liable in any proceeding, civil or
criminal; nor shall his property bo sciz-
Cd or sold undcr final process issued up~
ON Judgments or deere IS heretofore ron
dcrcd, or otherwise, because of anv act
done in accordance with the usagos OF
civilized warfare i'm the prosecution of
said war The Legislature shall provide
DF general laws. for giving full force and
en-. Co ,his section.
30 such parts OF the common law. and
OF tHe laws Of this state as are i'm force
when this article goes into operation, and
arc not repuguaut thereto, shall be ard
continue the law Of the State until alter.
Cd Oh repealed by the Legislature. All
civil and criminal suits and proceedings
pending i'm the former circuit courts of
ili.s state, shall remain and be pros
ceedcl iu before tho circuit conrts of
tine counties i'm which they were pond
ing
COUNTY COURTS.
22. There shall be i'm each county o. the
state n county court composed Of three
commits toner's, and two OF said commits
-i1ucrs shall boz quorum for the trau4-
action or business. IL shall hold E,ur