South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1880-07-30
The Constitutional Amendment

JOINT RESOLUTION proposing 81 a.
mendment to the Constitution OF the
State.
Resolred By tie Leyislo,are OF Ees Var.
gisia, f,co-thiris Of al he members elcct-
ct 20 eoch Hogss agreeing ther,fo: Thst
the following lie and the same is hereby
proposed as an amend ment to the Con-
siitution OF this State. To wit: That ar
ticle eight of said Constitution as it now
10 be stricken out, and the following be
inserted in lien thereof:
ARTICLE VII.
JUDICIAL DEPARTMENT.
1. The judicial power OF the Sts.o
shall be vested in a supreme court of
appeals. in circuit courts, and the judges
thereof, In such inferior tribunals IA are
herein authorized, and in justices Of the
peace.
SUPREME COURT or AfPEALs.
2. The supreme court OF appeals shall
consist Of four judges, any three or
whom shall be a quorum for the transsc.
ton OF business. They shall be elected
by the voters OF the State, and hold their
Office for the term OF twelve years, un-
less sooner removed in the manner pre-
scrihed by this constitution, except that
tue judges in Office when this article
takes effect shall remain therein until
the expiration OF their present term OF
office.
5. 1t shalt have original jurisdiction
in cases OF hGbeas corpus. mdn.iomus aad
prohibition. II shall have appellate ja.
risdiction in civil cases whore tho matter
ia controversy. exclusive OF costs, is Of
greater value or amount than one hun
1red dollars; in controversies concern
ing the title or boundaries OF land, tho
probate o. Wills, the appointment or
qualification OF personal representa-
tive, guardian, Committee or curator or
con ,erning MIL, ROAD, way, ferry or
Ian ling; or tho right OF a corporation
or unity to levy S~lis or taxes, all 2! i.
81 in cases of9.o ,ceyra.f2, hrIeua COZ
pus, ~ ~ go .cr ,1ysri c1l Hrolibi-
i37, aud in cases Involving rrt Q lon or
tho constitutions .iity Of q law. Il shall,
have appellate jurisdiction in criminal
cases where there has been conviction
for felony or misdemeanot in circuit
court, anS where conviction has been
had in any inferior court and boon af-
frDed in q circuit court, and in cases
relating TO the public revenue. the right
OF appeal shall belong to the State as
we'll IA tho defendant, and such other
appellate jurisdiction, in both civil
and criminal cases, as may be presorb-
Cd by law.
4. No decision rendered by the pa
prone court OF appeals shall be oonsid-
cred M binding Authority upon any of
H. f-%fn a.. al. a.
in the particular case decided, unless
such decision is concurred in by =. lcas.
three judges OF said court.
5. When judgment, or decree Ia revcrs.
Ell o. affirmed by the supreme court Of
appeals, every point fairly arising upon
the record OF the case shall no consid-
cred and decided and the reasons there.
Of shall be concisely stated in writing,
q preseryed With tho record Of the case
and it Shall be the duty Of the court TO
prepare e syllabus Of tho points adju-
Dictated IN each casa conourTed In by
three OF the judges thereof. which shall
&c prsfiXed to tue published report Of
the CAGE.
6. A writ of error, .upcrseOieas or ap-
peal shall DO allowed only Ivy the sa-
preme coars OF appeals or jadge there
OF, upon petition assigning error in
the Judgment or proceedings OF She IN
ferior court. and then only after ssid
court or judge shall liavo examined and
considered tie record and assignment,
% errors, AMI is satisfied that there is
error in the same, or that Il presents q
point proper for the consideration OF the
supreme court Of appeals.
2. II from any cause vacancy shall
occnr IN the supreme court of appeals,
the Governor shall Issue writ OF cleo
ton TO Al such vacancy ct tho next
general election for the rasi;'ae or tic
term; and in the meantime he shall Sill
such vacancy by appointments until a
judge Is elected and qualified But If
the uneypircd term be less than two
years the Governor ahsll fll such vacan
cy by appointment for the unexpire.i
term.
8. The officers Of tho supreme court
Of appeals, except the reporter, shall be
appointed by the coart. or, in vacation
by tue judges thereof, with power OF re-
moyal their duties and compensation
shall 10 prescribed by law.
Q. There shall be az least two forms
OF tbs supreme court OF Appeals held
annually, at such times and places as
may be prescribed by law.
CrRcUiT COURTS.
10 The State snail be divided into
thirteen circuits. For tho circuit haros
inaf. or called tho first, two judges shall
he elected, and for each Of tho other cir
cults one judge shall bc elected by the
voters thereof. Each OF the judges 80
elcctel shall hold his Office for the term
OF eight years, unless sooner removed
IN the manner prescribed in this consti.
tuition. The judges of the circuit courts
in Office when this article takes effect
shall rcmain therein until tlio exyira-
ton OF tho term for which they hays
been elected in tho circuits in which
they m9y respectively reside, unless
soon removed ~ aforc8a;l. 4 vacancy
in tho Office az q judge OF The circuit
court shall be G'loG ID tho same manner
rs is provided Tor in any case OF va
cancy in Che office OF Judge Of tho ST.