Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1880-07-10

Resolved, by the Legislature Of Vest
Virginia, two-tlIirds Of all the members
elected to each House agreeing thereto
That the following be and the same Is
hereby proposed az an Amendment to the
Constitution II this State, 10 wit: That
article eight Of said constitution as 1t now
is lie stricken out, and the following be r.
serted in len thereof:
ARTICLE VIII.
JUDICIAL DEPARTMENT.
/. The judicial power OF the State shall
be vested in a supreme court OF appeals, in
circuit courts, and the judges thereof, in
such inferior tribunals rs are herein al
lhorized, and in justices OF The peace.
SUPREME COURT OF APPEALS.
>. The supreme court Of appeals shall
consist If four judges, any three Of whom.
shall be a quOr-m Tor the transaction 81
business They shall be elected by the
voters Of the State, anil hold their cillce Tor
the term OF twelve years, unless sooner re-
moved ia the manner prescribed by this
constitution, except that tie judges n oihce
when shis article takes effect shall remain
therein until the expiration q th.i present
Term of Office.
3. Il shall have original jurisdiction IL
cases O. habeas corpus, mandamus and
prohibition. Il shall have appellate juris-
diciion in civil cases where the matter in
cor. royersy, exclusive OF costs, is ofgreater
value or amount than one hundred dollars;
in controversies concerning The title or
boundaries OF land, the probate Of wills,
tie appointment or qualification o. per
s0nal representative, guardian, committee
or curator; or concerning mill, road,
way, ferry or landing; or the right OF a
corporation or county TO levy tolls or taxes,
aud also in eases Of quo warranto, habea'
corpus, nandamus, ceriiorari and prohib:-
ton, aud in cases involving freedom or the
cons,i;uiionaliiy OF law. K shall have
appellate jurisdiction in criminal cases
whefe there has been a conviction for Eel
ony or misdemeanor IN a circuit court, and
where a conviction has been had in any in
icrior court and been affirmed in a circuit
court, and in casts relating TO the public
revenue. the right OF appeal shall belong to
the State as we'll as the defendant, and such
Other appellate Jurisdiction, in both civil
and criminal cases, as may be prescribed
by law.
/. No decision rendered by the supreme
court OF appeals shall lie considered IS
binding authority upon any of the inferior
courts Of this State, except in the pariica-
lar case decided, Hr.c,s sEoh decision il
concurrcd in By at least three judges o..
said court
.. When judgmen, or decree il reversed
or affirmed BY the supreme court OF appeals,
every point fairly arising upon the record
of lie case slal. he considered and decided ;
and the reasons therefor shall be cOncisely
stated in writing, and preserved with the
record Of the case; aal if shall be tie duty
Of the court to prepare syllabus OF the
points adiudicsted in each case concuTred
in by three II the judges thereof, which
shall be pseGxed 70 the Published report OF
the case.
g. 4 writ Of error .uTcrsedeas OF appeal
shall be allowed 10y tie supreme court OF
appeals or Judge thereof, upon a petit n
assigning error in the judgment or pro
ceedings OF Tie Inferior court, ard then
only after said court or judge shall have
examined and considered the record and
assignment OF errors, AMI Is satisfied that
there is error in Tie same, or that At pre-
scn;s point propr Tor the consideration
Of the supreme court Ct appeals.
:. Ii from any cause = vacancy shah
occur in the supreme court Of appeals, the
governor shall issue 4 wit Of election 10
iill spch vacancy at the next general e.ec
ton for the residue Of the term and in the
meantime he shall fll such vacarcy by
appointment until a judge is elected and
qualified. But if me unsxpired term G
les than two years the governor shall oil
such vacancy by appointment FOR the Unex-
pired term.
8. The officers Of the supreme court OF
a7peais except Tie reporter, shall be ap-
pointed by the court, or, in vacation OF the
judges thereof, with power Of removal
thri7 lu.ics and compensation shall be pre-.
scribci by law.
9. There shall be at least Two terms 81
the supreme court oiapPeals held annually
at such times and places as may ee PIE
scribed by law.