The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-10-09
ARTICLE VIII.
JUDICIAL DErAlsrNEST.

f.. =
JUDICIAL nErAnTNEST.
]. The Judicial power OF the State shall
be vested in supreme court Of appeals, in
circuit courts, and the judges thereof, 10
such inferior tribunals as are herein au
thOrizc1, and III justices Of the peace.
SUPREME COURT OF APPEALS.
.. The supreme court Of appeals shall
consist Of four judges, any three Of whom
shall be II YuurLm for the transaction Of
business. They shall be elected by the
voters Of the State, AMI hold their Office for
the tern Of twelve yeas, unlSss sooner re.
moved In the manner prescribed by this
constitution, except that the judges ii office
when this article talIrS effect shall remain
therein until tine expiration Of thlir present
term OF office.
3. It shall hare original Jurisdiction in
cases Of haLeas corpus, mandamuR and
prohibition. il shall have appellate juris-
diciiuN in civil cases where Tie tnattrr in
controversy, exclusive Of costs, ia OF greater
value or amount than one hundred dollars;
in controversies concerning tic title OF
boundaries Of land, the probate oil wills,
The appointment or qualification Of a per-
Funal representative, guardian, committee
or curator; or concerning a mill, rOat,
way, ferry or landing; or the right Of a
corporation OF county to levy tolls or taxes,
aud also in cases Of quo wlrranlo, habeas
corpus, mandamu1, certiorari and prohibit
ton, aud in caSes involving freedom or tie
constitutionality Of a law. Il shall have
appellate Jurisdiction in criminal cases
where there hus been conviction for fel
onY or mi4,lGmeaROr in a circuit court, and
where conviction has been had In any III
ierior court and been affirmed in circuit
court, and in cases relating 10 the public
revenue, tic right Of appeal shall belong to
the State rs well as thetlclcntaMt, and such
other appellate jurisdiction, in both ciIil
and criminal Cases, us may be prescribed
BY law.
4. No decision rendered by the supreme
court Of appeals shall he considered as
binding authority upon any Of the inferior
courts OF this State, except in the partiCu.
lar cuse decided, WnlCss such decision is
ConCurred in by nj least three judges Of
said court,
5. When n Judgment ordcescc is reversed
or affirmed by tkGHupreme court Of appeals.
every point fairly ariAing upon the record
Ut The case shali I've considered and decided ;
and the rcasOns therefor shall l,c concisely
stated in writing, alItl preserved with tlu
record Of the Gaze; and il shall he tic duty
Of the court 10 prepare syllabus Of the
points adiUdiCatct in each caEc concurrc,l
in by three Of tic Judges thereof, wl.icI,
shall b. prCiixed 10 the published report OF
the case.
6. A writ Of error, surerscdcas or appeal
shall he allowed By tho supreme court ol
appeals or II judge thereof, upon n petition
assigning error in. the Judgment or pro
ecetiIgs Of the inferior court, and thel
only alter sail court or judge shall have
examined anIl considered the record AM
assignment Of errors, and is satisfied tlla
tkctc is error In tic sunie, or that il pre-
seMts n lNintpsoper for The consideration
of tlle;snprenle court CT appeals.
~ II from any call1e II yAcancy shal
occur in the supreme court Of appeals, til,
governor shall issue n wfitE0i election Il
IEhllSurll vacancy nj the next general cleo
ton for tic tcsiilue OF the terin and in til
meantime he shall ell stich vacAncy=b!
appointment until n Judge Is elected AM
| qualified. liMt II the Unrxpircd term b.
less than two years the governor shall I'll
such vacancy by appointment for the unex
PRED term.
S. The officers OF the supreme court 0
appeals, except the reporter, shall b. mp
pointed by the courI, or, in vacation Of III
judges thereof, with power Of removal
! their dutivN aud compensation shall be pre-
scriGerl ly Law.
.. There sllall bp at least two terms q
the supreme court Oiappeals held annually
at such times and place. lis may be pre-
scribcd by Law.
CIRCUIT COURTS.
10. The State shall he divided into Til,
teen circMiIs. For the circuit hercinnite
called the first, two judges shall he ccClvt
and for zach ii the other circuits one judy
sllnli b. elected BY The voters thclcUf. Ear
Of the Judges 80 elected shall hold his OiIic
for the tenn Of eight years, unless sovnr
removed IN the manner rrCFcribcd in til
constitution. The Judges Of the circGli
:, courts in Office when this article take
effect ehnll remain therein until the cxpit
alton Of the term for which they have bee;
elected in the circuits in which they mn
respectively reside, unless sooner renewed II
aforesaid. A vacancy in the Office Of
indgc Of the circuit court shall he filed i
Tue same manner us Is provided for in At
!. case Of n vacancy in the Office Of n judge
the supreme court Of appeals. During h
continuance in office the Judge Of cireli
court shall reside in the circuit Of whie
he is Judge. The business Of The tItst CT
cuit may be arpnriiOncd between the jud&
+ thereof, and such Judges m"y l0id COur
in the same county or In different cOanli
within the circuit at the same time ar |
different tinCs, as may be prescribed |
law.
II. 4 ciicuit court shall Ike held in eve,
county IN the Sta;c ut least three tiMeT
zach year, mud provisions may he made /
law for holding special terms Of said cOIl
} \ judge Of any circuit may hold the ccnr
in aNutler circuit.
-. Tho circuit court Ahnll have the Fl
pcrvision md control Of all proceeding
before Justices and other inferior trilnInal
) by maj lamus, prohibition aud ccrlinral
They shall except IN cases confined excl
Eivrl y by this constitution tt sOmc 9TH
tribunal, have original and general juri
'lieIiUn Of all ulnucrs at law where Il