Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1880-07-17

IA. The legislature may rearrange the
circuits herein provided for at any session
thereof next preceding any general election
Of the Judges Of said circnits, and after the
wear one thousand eight hundred and
eighiy-eight, may at any such session, IN
crease or diminish the number thereof.
Is The legislature shall provide by law
for holding regular and special terms OF
the circuit courts, where from any caus"
the Judge shall fail to attend, or, if in
attendance, cannot properly preside.
GENERALrROvIsIcNs-
l6. AlIiudges shall be commissioned by
the governor. The salary OF judge OF the
supreme cour: Of appeals shall be two
thousand two hundred dollars per annum,
and that Of a Judge OF the circuit court
shall be one thousand eight hundred dol
lars. Der anEum anti each-shfll receive the
same mileage 81 members OF the Legislature
Provided, That Ohio county may pay an
additional sumipcr annum to the judges OF
the circuit court thereof; bat such allow
,,ree-shall not be increased or diminished
during the term of office OF the judges to
whom il nav have been made. No Judge
durirs his term Of Office shall practice the
profession of law or hold any other Office,
anpointment or public trust, under this Or
any other government, and fhe acceptance
thereof shall vacate his judicial office. Nor
shall he during his continuance therein be
eligible to any political office:
II. Judges may be removed from office
bv a concurrent vote OF both hou'es OF the
legislature. when from age, disease, mental
or bodily inlirmiiy or Incompetence they
are incapable OF discharging The duties OF
their Office. But two thirds Ot all the
,ee,abers elected 70 each house must Ccr-
cur i'm such vote, aud the cause Of removal
shall be entered upon the journal OF each
house. The Judge against whom the legis-
lature NAV be about 10 proceed shall re-
oeiye notice thereof, accompanied with the
cause ALLEGED for his removal, ut least
twenty DAYS before the day on which action
is proposed TO be taken therein.
Is. The voters Of each county shall elect
clerk of the circuit court, whose term OF
office shall lie six years; his dsties and
compensation and the manner OF removing
him from cllice shall be prescribed 10y law;
and when vacancy shall occur in the
Office. the circuit court or the Judge thereof
i'm vacation shall all the same by appoint
lnent until the next general election. IN
any case in respect to which the clerk shall
be so situated as tOmSke il improper Tor him
10 act. the said court shall appoint clerk
10 act therein. The clerks Of said courts
i'm office when this article takes effect, shall
remain therein for the term for which they
were elected, unless sooner removed IN the
manner prescribed by law.
10. The legislatsFre may establiss courts
of luaited jurisdiction within any county,
incorporated city, town or village, with the
right al appeal to the circuit court, sub
iect to such limitations as may be pre-
scribed 10y law; and all courts OF limited
jurisdiction heretofore established in any
county, incorporated city, town or village,
shall remain as at present constituted until
otherwise provided by law. The municipal
court Of Wheeling shall continue in exist
ence until otherwise provided by law, AMI
said court and the judge thereof, shall ex-
ercise the powers and jurisdiction heretofore
conferred upon them; and appeals in civil
eases from said court shall lie directly TO
the supreme court of appeals.
20. No citizen OF this State who aided or
participated in the late war between the
government Of the United States and par,
of the people thereof on either side, shall
be liable in any proceeding, civil or crim-
inal; nor shall his property be seized or
sold under final process issued upon iuds-
ments or DEGREES heretofore rendered, or
otherwise, because of any act done in
accordance with the usages OF civiIiz,d
warfare in the prosecution OF said war.
The legislature shall provide by general
laws, for giving full force and effect 10 this
section.
81. Such parts of the common law, and
Of the laws Of this State as are in force
when this article goes into operation, AMI
are not repugnant thereto, shall be and
continue the law of the State until altered
or repealed by the legislature. All civil
and criminal suits and proceedings pending
in he former circuit courts Of this State,
shall remain end be proceeded in before the
circuit courts Of the counties in which the!
were pending.