Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1880-07-31
ARTICLE VIII.



Seated la hcu thereof:
ARTICLE VIII.
JUDICIAL DEPARTMENT.
I. The judicial power az the State shall
e. vested ina a supreme court oi appeals, iu
circuit courts. and the judges thereof, in
ssch inferior triheuals as are herein au-
ta0ri6,d, aaj in Asstices OF the peace.
SUPREME COURT OF ArPEALs.
>. The supreme court Of appeals shah
crss, oi Jour judges, any three OF whom
sArli be "a quar IN for the transaction "a
business. They shalt be elected 10y the
Voicls OF the STATE, and hold their office Tor
ea, ,esm OF twelve wears, unless sooner Te-
moved in She manner prescribed by this
yonsii u,ion, except tia. the Judges IN office
eh,u this article takes eject shall remain
,hcrcin until the expiration Of thsir pres no
,>vn OF osicc.
- II shall have original jurisdiction in
c-,,s of haheas corpus, mandamus ana
prohibition. Il shall nave appellate juris-
tc.;on ia civil cases where the matter in
controversy, exclusive Of costs, is OF greater
value OF amount than one hundred dollars;
ir controversies concerning the tide or
hlaularits Of land. the probate Of wills,
,he appointment or qualification OF per
soHai representative, guardian, committee
ar curator; OF concerning mill, road,
wav, Terry or landing; or the right OF
clVora'io or county % levy tolls or taxes,
and ais1 IN eases Of quo wIrranto, habcas
corpus, maudamus, ceiii0rari and pgohib.-
'itn. and in cases involving freedom or the
c1n,ii.l,imaiiiy Of q law. 1t shall have
-rrl atc Jurisdiction in criminal cases
where there has 5eeu a conviction Tor icl
any oi mis,lemeanor in q circuit court and
wL-r- conviction has been had in any iu-
fCy.Cr court and been affirmed IN q circuit
C art, and In cases relating 20 the public
rcv,ngs. the Ii.ht II appeal shall belong 90
She safe as well as the defendant, and such
CHR appellate Jurisdiction, in both ci.il
3ul c.iIinal cases, as may be prescribed
ty law.
T. SO Z cis;oa rendered by the supreme
corr. o' appeals shall bc considered as
Satmg authority upon any of the inferior
courts % This Stale, except in the Par,ic,,-
DIR case decided, unless such decision is
co,cu,r,d in by at least three judges Of
said court.
g. When Judgment or decree Is reversed
er alicnad hy the supreme court oiappeals,
every point fairly arising upon The record
ti lac c1sa shai. he considered and decided
ana ,he reasons therefor shall be concisoly
stated iu writing, and preserved with the
record oi tlc case; and it shall be the duty
oi the cour. TO prepare a syllabus of the
poil; a3ut;c3ted In each case coucurred
in hy three Of the Judges thereof, which
shall. De prelXed 20 the published report OF
tue case.
o & writ oi error sUTcgscdeas or appeal
Siali be- allowed by The supreme court OF
appeals on Judge thereof, ulon petit
assigning error in the Judgment or pro-
ecsiiags 0i the inferior court, and then
only after said court or Judge shall have
cxem;ncd and considered the record ana
.s, .nmtnt Of errors, and is satisfied that
there Is error in the same, or that 1t pre-
scris point proper for the consideration
OF the supreme court CT appeals.
.. u from any cause "a vacancy shall
occur In the supreme court Of appeals, the
governor shall Issue a wit Of election %
So such vacancy at the next general clcc-
iioU f1r tie residue of Tie term; and in the
meantime be shall en- such vacancy by
appointment until judge Is elected and
qualified Bat il the uneXpired term lie
l.ss ;har two years the governor shall all
ssehvscancy by appointment for the unex-
pred team.
s. The officers Of the supreme court Of
appeals, except the reporter shall be op-
pointed by the court, or, In vacation Of tie
iid.s thereof, with power Of removal
th.is iu,ic, and compensation shall be pre-
s,littd by law.
@. There shall be 40 least two terms Of
the supreme court oiappeals held annually,
80 such times and places as may 6e PIE
scii5ej by law.