South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1880-08-27
The CONSTITUTIONAL Amendment.

State.
Hesols,d by tie Leg'iet.-e OF Ws= Va
cfnsa, f,eo-,htrtis y fol ne rsen,bcrs s,e,...
ed TO eaca House og,seiay sacfc,o. Tia.
the following te and the same u hesehy
proposed as an amendment 30 the Coz
stitGtion OF this State, 10 vii: That sr.
,icle eight Of said Constellation as Il nog
is be stricken out, and TIE following 20
inserted in lieu thereof:
ARTICLE VII
JUDICIAL DEPARTMENT.
]. The Judicial! power OF tile State
shall 30 vested in supreme court oc
appeals, in circuit courts. and tue Judges
thereof, in such inferior tribunals as are
herein authorized, aud in justices OK ,aa
peace.
SUPREME COURT OF APPEALS.
g. The supreme court or appeals shah
consist OF four judges, any tsgoe or
whom shall be quosum for tho srassau.
ton OF business. They shall De elected
by the voters OF the State, end hold ihe,f
Office for tho term OF twelve yeass, un-
less SOONER removed in the manaer pr,,-
scribed by this constitution, except that
the judges in Office when ihis article
takes effect shall remain therein cn.ii
the expiration OF their present term OF
ofFice.
5, Il shall hsvo original jorigdict,on
in cases or h0b,os corpa5, sscAialnas and
prohibition. II shall have appellate ~
risdiction in civil cases whore The matter
in controversy, exclusive ot costs. is II
grester value or amount shan one hun
dred dollars; in controversies concorr-
ing the title or boundaries Of land, the
probate of willie, The appoint mont or
qualification OF personal representa-
tive, guardian, committee or curator or
concerning mill, road, nay, tcrrs or
landing; or the right OF corporation
or comfy TO levy tolls or taxes. amt al
so in cases or gao 'sarrdn.0, ha}cJs ,1y-
pas. n'dm'on,I., ccr'ioy ~ and p.ohibi-
lion, aud in cases inYolvjng freedom or
tho constitutionaiiiy % .av. q shalt
have appellate jurisdiction tx criminal
cases Share there has been conviction
Tor felony or mtsdemoaDCI IN circuit
conrt, and where n con iction has heSb
had in any iUfeyiJr court ani Seen 81
iirmed ia . circuit ccu;t. and In csees
relating to the public revenue, he right
or appeal shall belong TO the St,te es
nell "a tho defendant, aUd sgch otrs-
appellate jurisdiction, in both civil
and criminal cases, 80 may &c pIescrlS-
Ell by Law.
4. No decision rendered by the sn-
prcins court OF atpe.ls s.Ial. BE- consid-
cred as binding suLhoritJ opou apr 81
the inferior courts % this SlA.e, except
in she particular carc decided, cu},as
such decision is concGyred IL oy IL .as.s
three judges o. said conr;.
5. When Judgment 81 d,oreo ! . revcr-
ed or affirmed hy ih7 srprcgrt ccurs of
appeals, every poini iaiT'v arising upon
the record OF the Case lh.ii bt, cousld-
cred and decided; and 5be issscr, ehere.
OF shall be- eoDcisa'V stated writing.
q preserved with tbs recoa. OF tSe ease;
and it snail be lie duty ~ tte cour. t.
prepare syllabus OF tha pcia.s ia
dictated ia each case conou-red ia Or
three OF the judges thereof Hl,cs shall
be pro6xca TO the published rapori Of
the case.
8. A writ OF error, snpcrse9.1s OF a,1-
peal shall be SLOWED cniy ~ tho gu
preme court OF appeals or judge there.
OF, upon 8 petition assigD;pg sErog II
ti,e Judgment or PROCEEDINGS Of tire in-
fcrior court, and then only sljer aa:d
court or jndge shall hAvo ezspuae3 sad
considered the record and Assignment
OF errors, and is satisfied ttat there il
error in ths same, or that I. presents =
point proper FOR The consideration orthe
supreme court Of appeals.
Z. Ii from any cause y.cSncy Shell
occnr Ia the snprene court 81 appcsIs,
the Governor shall issco writ = ,lea-
tion to Oil sGch vacancy "a The next
general election Tor tbe residue OF The
term; end in the meantime hs s-s}i an
such vacancy by aDpo:ntmsa. Ertil
judge is elected md qu7H3et Eas .ft
the Unexpired tern 10 lesJ s-ar tw1
years the Governor shall 5ll socs vacAn
cy by appointment for no uaeYpired
term.
3. The officers Of tho supreme co1rs
OF appeals, exc.p. tbs reportsr, shali I've
by tbs court, O. iu vacation
by the judge thereof, with ponor ~ re-
movai their duties sn@ conpensstioD
shall 10 prescribed ~ law.
8. There shall 70 - .eass two teTua
or tho supreme court o. hrpo3ls held
annually, al such times and places az
may be prescribed ~ ar.
CIRCUIT CCFNTE.
10. The State shall bo divided into
thirteen circuits FOR ths cjrcut hc-o-
inaf' er called THE FIRST. tvo judges Fhail
he elected, and for esca oil tne other CIR.
cats ono judge shall be e!ccted Uy tn.
voters thereof. E,cL q The judges 90
elected Shall bold l,is Office e, ito fern
or eight years, unless sooner removed
in the msnucr prescribed - this comet.
tuition. The judges Of tie ci-cu;, courts
in Office when this article iskas efoc.
shall remain therein until ths cxI;ira-
ton OF tie torn f3r which they have
been elected in the circuits N which
they may respectively rciso. uuie.s
soon removed a. aio-caa.d 4 v1ca7cv
in the Office Of . ju9ze OF tia Circuit
court shall be filed IN sc samc ,osnner
as IS provided for IN any cass Of . va