West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1880-07-03

SUPREME COURT or APPEALS,
q The supreme court OF appeals shall
consist Of four judges, any three of whom
shall DO quorum for the transaction OF
business. They shall be elected by tIe
voters OF the State, and bold their Office
for the term OF twelve years, unless
| sooner removed in tho manner pre-
| scribed by this Constitution. except that
| the judges i'm ONCE v hen this article
| hkes effect shall remain therein until
tile expiration OF their present torn OF
| office.
3. 1t shall have original jurisdiction in
| Rll clsos OF hdbeds corpus. hauRddnus and
prohibition. IL shall have appellate
jurisdiction in civil cases where the mat
| tor i'm controversy, exclusive OF cost, il
| OF CRATER value or amOunt than one hun
| dred dollars 40 controversies concern
| ing the title or boundaries of land, &Le
| probate OF wills. the appointment or
qualification OF u personal representa-
tive, guardian, committee or curator or
concerning n MIL, road, way, ferry CT
landing or the right of corporation or
county 10 levy tolls or taxes, aud also In
cases OF quo l0dJ7'd1Lo. hoLcdS corpus, man
ddD,tls, ccrtiordIi and prohibition, and IN
| cases INVOLVING freedom OF the cOnstltu-
! tionality of law. IL shall have appel
late Jurisdiction in criminal cases where
l th re has been conviction for felony or
misdemsanor in circuit court, and
where "A conviction has been had ia any
| inferior court and boon affirmed i'm a ciT~
| cult court, and in cases relating To the
| Pablo revenue, the right of appeal shall
| belong 20 tho State nS we'll ~ the defend
| ant, and such other appellate jurisdic-
| ton, in Doth civil and criminal cases, AZ
| may be prescribed by law.
!. No decision rendered by the su-
pr enc court OF appeals shall be consid-
| ere AZ biuding authority up IN any OF
the inferior courts oil this Stale, except
| in the particular case decided, unless
such decision js concurred in 10y at loas,
three judges Of said conrt.
g. Whom a Judgment on decree is re-
versod or affirmed by the supreme court
| OF appeals, every point fairly arising up
| on the record OF tho case shall 10 eonsid-
| cred aud decided aud the reasons
thel efor shall bc concisely stated i'm wri>
upg,apd preserved with the record OF the
| case; and it shall be tho duty of tho
court to prepare syllabns of the points
adjudicatcd in each case cOncurred in nv
three OF tho judges thereof, which shall
be prehxed to the published report of the
case.
g. A writ Of error, SupeTScdcdS or APP
peal shall 10 allowed only by tho SUI
premo court of appeals on ajudge thereof,
upon a petition assigning error in the
judgment or proceedings OF the inferior
| court, and then only after said court or
| judge shall have examined and cOnsid~
| cred the record and assignment Of errros,
| and is satisfied that there is error in the
| same, or that it presents point proper
for the consideration Of the supreme
court of appeals.
If from any cause n vacancy shall !
occur in the supreme court of appeals,
the Governor shall issue a writ OF eles-
| ton to fill such vacancy at the next gen
oral election tor the residue of the term /;
| and in the meantime he shall fiji such
vacancy by appointment for the pnex-
pireo term.
8. The officers Of tho supreme court OF
appeals, except The reporter, shall be APP
pointed by the court, or, in vacation by
tho Judges tn 'reof, with power of re-
| movil; thoir duties and compensation
| shall be prescribed by law.
8. There shall be at least two terms Of
the supreme court Of appeals held annu~
ally, at such times aud places a. may be
prescribed by law.
CIRCUIT CoUlTs.
10, The State shall be divided into thir-
toon CHI cults. For the circuit here in
| after called the first, two Judges shall
| bo elected, and for EACH of tho other cir~
| cults one judge shall DO elected by the
voters thereof Each OF the judges so
elected shall hold his Office for tho term
| OF eight years, unless sooner removed in
| the mat nor prescribed in this cOnstitII1
| ton, The judges of the circuit courts in
office whom this article takes effect shall
1 IcHIdiIh lutGclIl uulll cN piTallOu Oh
| term for which they have been elected in
the circuits in which they may respective
| ~ reside, unless soon removed as AZORES
! said. a vacancy in tue Office off Judge Of
| the circuit court shall bo filled in the same
| manner as is provided for in any case of
a vacancy in the Office OF II judge of tho
supreme court of appeals. During his
| continuance in Office tho judge of cir
| cult court shall reside in tho circuit of
which he is Ju go. Tho business of the
first circuit inaY be apportioned between
| the Judges thereof, and such judges may
hold courts in tho same county or in
different counties within tho circuit at
the Same time or Mt diffent times, as may
| DO prescribed by law
III. n circuit court shall be held in
every county in the State ut least three
| limos in each year. and provisions may
be made by law for holding special terms
of said court. Il Judge of any circuit
may hold the courts i'm another circuit.
II. The Circuit Court shall have the
supervision and control of all proceedings
before justices and other inferior tribu-
| nails, 10y ndl,ddn.uS, prohibition and ce1~
uOTdl1. They shall except in cas- % con-
| mod exclusively by this constitution to
| some other tribunal, have original and
| general jurisdiction of all matters at law
whore the amount in controversy eXclu-
| siyo of interest, exceeds fifty dollars of
all caso5 of hGbeas corpus, n,0ndtBlus,
qtco UuIT0HCO, uUu prObtDiuOn
and all cases i'm equity, and of ali
crimes and misdeineanors, They
shall have appellate jurisdiction in
all cases, civil and criminal, where an
appeal writ OF error or SIpcTSeicus may
be allowed to the judgment or proceed
ings OF any inferior tribunal. They shall
| also have such other jurisdiction, whoth-
or supervisory original, appel~
late, Or concurrent, rs is or may be ple-
| scribed by law.
10. Until Otherwi Sc provided by lew,
the State shall bo divided into the follow
Ing circuits The counties OF Brooke
Hancock, Ohio and Marshall shall con-
slitute the first circuit the counties of
Monongalia, Marion and Harrison, tho
second the counties OF Preston, Taylor
Harbour, Tucker and Randolph, the
| third the counties OF WetzoI, Tyler
hliOhiB and DoddTidge, the fourth the
counties OF Wood, Writ and Pleasant,
the NTH tie coun ties OK Clay, Gilner,
jackson, ROano and Calhoun the sixth
the counties Of Putnam, Kanawha and
Mason, the seventh the counties Of Cab
| oil, Wayne, Lincoln and Logan tho
eighth the counties OF Mcdowell, MerS
cor, Raleigh, Wyoming and Boone, tho
ninth the counties Of GToenbrior Mons
roo, Summers, Fayetto and POcahontas.
| tic tenth the counties OF Upshtir
LOWS, BraXtOn, Nicholas and Webster,
the eleventh the counties Of Grant, Har-
dy, Hampshire, Mineral and Pondleton.
ele twelfth; tho counties OF Jefferson
berkeley and Morgan, the thirteenth.
ID. Tho, Loo iglufurn roo