The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1880-07-21
ARTICLE VIII.
JUDICIAL DEPARTMENT.

ARTICLE VIII.
JUDICIAL DEPARTMENT.
l. The judicial power Of the State shall
be vested in supreme court OF appeals, In
circuit courts, and the judges thereof, in
such inferior tribunals as are herein au-
thorized, and in Justices Of the peace.
SUPREME COUNT or APPEALS.
2. The supreme court Of appeals shall
consist OF four judges, any three Of whom
shall be quorum for the transaction Of
business. They shall be elected by the
voters OF the State, and hold their Office for
the term OF twelve years, unless sooner re-
moved in the manner prescribed by this
Constitution, except that the Judges in of
flee when this article takes effect shall re-
main therein until the expiration OF their
present term Of Office.
s. II shall have original jurisdiction in
cases OF habeqS corpus, MdndaDu0 and pro-
hibition. 1t shall have appellate jurisdic-
diction in civil cases where the matter in
controversy, exclusive OF costs, isof greater
value or amount than one hundred dollars;
iii controversies concerning the title or
boundaries OF land, the probate OF wills,
the appointment or qualification Of per-
sonal representative, guardian, committee
oTcurator; Oh concerning mill, road, way,
ferry or landiuG or the right Of corpora
ton or county to levy tolls or taxes and
also IN cases OF quo trd'Tdi'to, hdbets. cor
pts, Rd,idamus, ccrionn and prohibit
lion, and in cases involving freedom or
the constitutionality OF law. 1t shall
have appellate Jurisdiction in criminal
cases where there has been conviction
Tor felony or misdemeanor in circuit
court, and where conviction has been
had III any inferior court and been affirmed
in circuit court, and in cases relating to
the public revenue the right OF appeal
shall belong to the State as well as the de-
PENDANT, and such ether appellate jurisdic-
ton, in both civil and criminal cases, US
may be prescribed by law.
4. No decision rendered by the supreme
court Of appeals shall be considered as
ndingauthority upon any oil the inferior
courts OF this State, except in the particu-
lar case decided, unless such decision is
concurred in by ut least three judges Of
said court.
8. When a judgment or decree is re-
versed or affirmed by the supreme court OF
appeals, every point fairly arising upon
the record OF the case shall be considered
and decided; and the reasons therefor
shall be concisely stated in writing, and
preserved with the record OF the case; and
1t shall be the dnty OF the court to prepare
asyllabus oil the points adjudicated in
each case concurred in by three OF the
Judges thereof, which shall be prefxed to
the published report OF thecas
8. Awrit OF error, superscdeaS or appeal
shall be allowed only by the supreme court
Of appeals or a judge thereof, upon petit
ton assigning error in the Judgment or
or proceedings of the inferior court. and
then only alter said court or Judge shall
have examined and considered the record
and assignment of errors, and il satisfied
that there is error in the same, or that it
presents Il point proper for the considera-
ton OF the supreme court OF appeals.
4. Ii from any cause vacancy shall oc-
cur in the supreme court OF appeals, the
Governor shall issue writ OF election to
fill such vacancy at the next general cleo
ton Tor the residue Of the term; and in the
meantime he shall fill such vacancy by
appointment until judge is elected and
qualified. But if the unexpired term be
less than two years the Governor shall fill
such vacancy by appointment for the I'M
expired term.
8. The officers OF the supreme court of
appeals, except the reporter, shall be APP
pointed by the court, or, in vacation by the
judges thereof, with power of removal,
their 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 and places as may be
prescribed by law. =
CIRCUIT COURTS.
10. The State shall be divided into thir-
teen circuits. For the circuit hereinafter
called the first, two Judges shall be elected,
and for each OF the other circuits one Judge
shall be elected by the voters thereof.
Each OF the judges so elected shall hold
his office for the term OF eight years, unless
sooner removed in the manner prescribed
in this constitution. The Judges OF the
circuit courts in Office when this article
takes effect shall remain therein until the
expiration OF the term for which they have
been elected in the circuits in which they
may respectively reside, unless sooner re.
moved us Aforesaid. a vacancy in the OF.
flee OF a judge OF the circuit court shall be
filled in the same manner as is provided
Tor in any case OF a vacancy in the office OF
Judge OF the supreme court Of appeals
during his continuance in Office the Judge
OF circuit court shall reside in the circuit
OF which he is judge. The business OF the
| first circuit may be apportioned between
the judges thereof, and such Judges may
hold courts in the same county or in dill.
ferent counties within the circuit at the
same time or at different times, as may be
prescribed by law.
IL. A circuit court shall be held in every
county in the State at least three times in
each y2sr, and provisions may be made by
law 1vf holding special terms Of said court
A judge OF any cirv,it may hold the cj.rts
in another circuit. ~
Il. The circuit court shall have the sr.
Peirvision and control of all proceedmcs
before justices and other inferior tribI.
ilals, by mdadamus, prohibition and CO..
tL0'uri. They shall except in cases con.
med exclusively by this consultation 10
some other tribunal, have original and
Egeneral Jurisdiction Of all matters at law
where'the amount in controversy exclu-
slfo OF interest, exceeds fifty dollars, OF ill
cases OF ea6eds corpus, NlandamnS, o,to truf.
raHt!a and prohibition; and all cases in
equity and OF all crimes and misdemean-
ors. They shall have appellate iurisdic-
tlon IN all cases, civil and criminal, where