The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-08-28

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ARTICLE VIII.
JUpICIAL DEPARTMENT..
l. The Judicial power of the State shall
be vested IN n su,temc CONT Of anpeals N
circuit Couy:s. md ihc ;utlccg thereof IN
such inferior tribunals rs nTt Herein MI
,luriscd and in jus;in.s a: ,hc pcacn
s,.,,,,,.,,,. -,,,,,,., ~. 800.
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. The supreme court OF appeals snail
consist Of ioar Judges, any three OF whom
cha! be" g.eF'.m l9r Tue Transaction Of
Oaslncss. they sha4! nc !lycIed ny the
Tn'rrs o. t!ls state, 0t'd holt Their 0tl'ce lot
The Term oil Twelve years, unieSs aoonrE re.
R'oTCd IL the Iaalingr prescribed by this
constitution except that the judges III Office
Thtn this article lakes eiierl shall remain
therein Until interpolation Of their pres!nI
''T :; I o. GliISs;
H. 1t shall have original Jurisdiction III
cares Of habGas corpus, mandalnns ard
lfUg!ibl!lpn:: II shall have appellate in:is.
alrtion III civil cases %herr the matter IN
controversy exclusive OF eoSlF, Is 81 greater
value or amount than one hundred dnllarst
N e9ntgovert'Gs concerning the title Of
U0undaiieS Of lard, the PROBATE Of w!llt,
INC Gpl3inSMeni or 4ualilIca,!lon 81 per-
senal representative, guardian, committee
or CURATOR o. concerning mil, load,
WY, leEry or landingi or the right oil a
corporation or eo'iity 70 levy tolls or taxes,
aNd also ~ cases VI gao wlrsaEtO, habens
corpus, inaiItIanilt, sNItlorarl antl prohI!I;-
noh, .1na IN cases involving freedom or the
cohs'ilIs0tlOnattIy o. . law. u shall have
appellate Jurisdiction III criminal cases
where there has EcGii conviction Tor tel
onY Or mIsdcMesaor i'll circuit court, and
where Il sonYietiGn has e2en had in any in.
terror court aud 6een affirmed ina circuit
court, and in eases relating 10 the public
revenue, the right Of appeal shall belong to
Tic State rs well AZ the defendant, nnt such
oihsf appellate jurisdiction in both risil
and criminal ca:aJ, ia may bc prescribed
by law.
q. no deciAiOn rendered ny the supreme
court OF appeals sIaI! be considered as
binding authority upon HGF Of the inferior
eo'lFta OF t!llS Stale, except III the partlGu-
lar Gaze decided, unless such dCcialOE il
e0nGltrSd in BY III least tllEGc judges Of
HaIt court ON,
.. When Judgment or decree is reversed
Or AFFIRMED by thesilprtinG court Of appeals,
every point fairly arising upon the record
OF Inc caSe shall ~ considered and decided
and the reasons therefor shall he congiscly
stated IN wiring and ptCeFvc1 with tlu
record OF The ease; and il aliall be the duty
Of the court 10 prepare n syllabus Of The
poinsa adludieatci IN each easo cuncurrel
in by three .! the judges thereof, which
shall be pFcGxed 10 the published report o.
tue ease.
0. y writ Of crUr, sNperrRdcas or appeal
shall lie allowed b. the supreme court d
appeals Or q judge thereof, upon petition
assigning error In tue judgment or pro
Ceedings oil tic inferior court, and thsr
only alter said court OF judge shall have
examined and considered the record and
assignment Of error, and Is satisfied thu
there IL error in the satle, OF that il pre-
eents a nelntproper: t0r5t lie consideration
otIhe auIEcnls co,lr!5ot appeais.
F=7.7lt Etroal any calse vacancy shall
oecUr in the supreme court oi=appeals, tit
governor shall tRyrc =a=ws;t5ofzGteciiOizt
Ill such vacancy al lie next general cleo
ti0n for the residue Oi.tl!e term; aud in tlit
meantime he shall Gil tlsh Vacancy by
appointment until 4 Judge is elected ans
qualified. Bit il The tiheSpirSd term h
lcss than two ycar1 the governor shall gil
sucll YacanCy'hy appointment for the unex,
pircd tcrn.
s. The Officers Of the supreme court o
nrpca!a, cxcep! the reporter, shull be ap
pointed by the court, or, in vacation Of tht
judges thereof with power Of removal