The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-08-07
ARTICLE VIII.
Jun.orAI. DEpGnr.lEST.

JuntcrAI. DEpAETiIEST.
/. The Judicial power u the State phalI
be vested in \ supreme court Of appeals, in
circuit courts. AID the indges thereof, in
EnGh inferior tribunals as are hen'in IN.
tlsorisC,, and in justices oi the peace.
SUPREME CovRr OF ArrEAI.s.
.. The supreme court OF appeals shall
consist Of iuur judges, any three Of whom
shall b. 4 qIurGn for The Transaction OF
business. They shall be elected by the
voters OF the State, mud hold their Office for
the term o. twelve years, nnlgaR a6Oues re.
moved in tie manner prescfihcd by this
constitution, except that the Judges IN Office
when t!lis article takes effect shall Eemain
therein until Iheezniratton Of their rrcarMs
term Of office. MS
5. ]; shall have original Jurisdiction in
eases OF habeas CORPUS, mandamuA and
prohibition. ItslIail have appellate iuris-
dicLi0H in civil cnstR where tho matter in
controversy exclusive Of cosia, is ctgreater
value or amount thnn one hunhrpti i!Jilas1i
in controversies concerning the title Of
boundaries Of mud, the probate Of wills,
the appointment or qualification Of a per-
gonnl representative, guardian, committee
or curator; or concerning a mill, road,
wNy, Terry or landing; or tie right of II
corporation or county to lcTy tolls or taxes,
and alSo in cases Of quo warrautu, E,abcaS
corpus maudaInus, certiornri anil proliibi.
ton, aud in eases involving freedom or the
conNtitutionnltty Of law. It shall have
appellate Jurisdiction in criminal cases
where there Inns been conviction for I'll.
0nY OF nlisliemeanOr in CircNit court, md
where conviction has hccN had in any in
leriOr court and been affirmed in circuit
court, md in cases relating to the pnbIic
revenue, the right rl appea! shall belong to
the State as we'll ns the defendant, md such
other appellate Jurisdiction, in both civil
and criminal cases, us may be prescribed
by law.
4. No decision rendered hy the supreme
CART Of appeals shall be considered MS
biu'liEg authority upon any Of tho inferior
c6utts oil this State, except in tho paEtfcN.
lar care decided, Inless sucli decision IL
concHrred in by ut least three judges Of
said cnurt.
6. When judgment or decree is reversed
Or affirmed hy thGsnprGnle court OfGppaals,
every point fairly arising upon The record
Of tho ease Ehnll DC considered and decided /;
and The reaeous therefor shall BE- conciSely
stated in writing, and preserved with lii
record Of the case; anil il shall be the duty
Of the court to prepare n syllabus Of the
points ndiudicatGd in each case cOnCurretl
in by three Of the judges thereof, which
shall be prciixed to the published report Of
the case.
G. 4 writ Of error, supctwdeas OF appeal
shali be allowed by the supreme court Of
appeals or a judge thereof, upon petition
assigning error, in Lie judgment or prn!
cre,lings Of tho inferior court, and then
only after said court OF Judge shalt have
examined and considered the record and
assignment Of errors, and is satisfied thai
there is error in the same. or that it pre-
sants q point proper ior the consideration
of tho supreme court ct appeals.
from any cause q vacancy ah1lt
occur in the supreme court7oi appenlsIthe
governor shallEissuc= n writ ofsctection. to
ill alcl! vacancy Mt the next general cleo
ti0n for the residue Of the tcrnii and in the
meantime he Ehall fill su:h vacancy by
appointment HUtil n Judge is elected and
qualified. But il the HNexpirct term he
less Than two years the governor shall fll
such vacancy by appointment for the uncx
tisci term.
$. The officers OF the Supreme court Of
aprralU, except the reporter, shall l'r APP
pointed by tho ronrI, or, in vacation 0f the
judges thereof, with lNwpf Of removal ;
their duties and compensation slilA Ike pre-.
scribetl by lhw.
Q. There shall lie at least two terms al
the supreme court ofappeals held annually,
ut FHCh times and places IA may 10 pre-.
sctihed by Law.
CIRCUIT COUNTS.
10. The State shall be divided into thir.
tcen circuits. For the circuit hereinafter
called the first, two jHdgen ShaIl lie elected,
and for each Of the other circuits one jttdGI
shall BE- elected by tho voters thereof. Each
Of the Judges 20 elected shall hold Lis ofltcS
for the term Of eight years, unless sooner
removed III the manner lgeEctihei IN this
constitution. The jndsea Of the cirCMit
courts in office when this article takes
cIFpt shRll remain therein until the Cxliir-
alton Of the icrni for which they hare been
elected in the circuits in which they MY
respectively rcsiIlr,unlcss sooner removed as
aforesaid. a Vacancy in tho ollice Of a
injge Of the circuit cauFt shall be filled in
The same manner as Is provided for in an,
case Of vacancy in the Office Of iulTe 0
the supreme court Of appeals. During hi
continuance in Office the Judge Of cir cui
cOart shall reside IN the circuit 0! wFtci
he Is judge. The lN:Sines8 Of the iint cir
emit may be aMI0itiOnel between the judge
thereof, md Ruch judges may hold court
in the same county or in different cuHnslr
within the circuit ut Lie game time or u
different tlElea, IA may be prescribed b!
law.
II. a ci:cuit coHrtslIall llC held In crer!
county in The Stuie nj least three timrE il
each year, ninl PROVISIONS may be made b.
law fur holding special terms oi Raid colrI
A Judge Of ANY circuit may hold tic curt
in nnotl"r cirrIiil,
II. THE circuit court shall have the an
IcrviFion and control Of all proceeding
before iN'!iccs anil oihgr inferior tribunals
by INA: damu', prohibition und certi"rari
They s',all except in cnrst ccRGurd cxclu
siveiy Ivy this constitution II some Otllc
tribunal haze original NIL general juria
licliOn " all nlal;rTa nj law where tn
amount Ia controversy, exclusive Of inter
rE', exceeds GIly dollars; Of MI CaMs u
habn4 rorPrA, ulandanIns, quo wnrrant'
and prohibition . and NIL cuses in CIui;y
ard vi ri crimes and misdGmcNroM. Tie!
shall have appellate Jurisdiction in nj
ca'cp, civil and criminal, where M GlTca
wri; Of rsrur ut suIrreedpaS Hay hG allnweI
to the Judgment q proceedings Of any IN
frriOr tribunal. They shall R!so have Sltcl
other Jurisdiction, WHEELER supervisory
utt,tiurl nOuht lrtu mr. concurrent ma fG n