Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-07-31

I WTW1T1TE fTE0feT
tt,reto hat TIE following be and the same i here
by ptoroscd ~ an amendment 70 the Consultation d
this State. 'o-wh That ticie eight Of said Consti-
tuition as u now is be stricken out and the follow
! ing te Inserted ia lieu thereof:
ARTICLE VIII
JUDICIAL DEPARTMENT.
| l. The Jude al Jower ~ the etate shall be vested
I ma Supreme Ccuft Of Appeals. in Circuit Courts,
and the judges thereof IN such inferior trionnsls a.
are herein authorized, aud IN justices Of the Peace
srfRYHE corET OF APPEALS.
O. The Supreme Court Of Appeals shah 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, aud hold their office for
the term Of twelve YEAR, unless sooner removed IN
1 the manner prescribed by this Constitution except
that the Judges In office wheE this article takes effect
than remain therein until the expiration OF their
8 ID shaIl have original jurisdiction In cases Of
| hdicas cniyus. mdnd1miU and prohibition IL shan
hate sfTeilsir uti-dction In civil cases where the
matter To- controversy exclusive Of costs, Is of greater
value o. amount than one hundred dollars IN con-
tfoyersi. concerning the title or boundaries OF land,
the probate Of wills, the appointment or qualification
Of personal fedrefehase, guardian, committee or
curator; Or concerning Mill, road, way Jerry or
andiBg OF the right Of cotp1failOn OF county 70
levy tolls or taxes, and also IN cases 81 9o raanto
halfH~ rofNs uHHdaIl, ccrtt0TGrt and prohibition,
and IN eases involving freedom or the constitution
ality OF law. II shall have appellate jurisdiction
Ind criminal eases whore there has been a conviction
Tor felony OF misdemeauor ia Circuit Court, and
whore conyictioa has been had in any inferior
7
cases relating 10 the public revenue, the right Of
appeal shall belong TO the state as well Is 70 the de-
PENDANT aud such other appellate jurisdiction in
10th civil aud criminal cases, a. may be prescribed
BY law.
Appeals shall be considered Is binding authority up
any Of the Inferior courts Of this State, except in
the particular decided, unless such decision Is
cOncurred ~ hy at least three judges OF said court
8. When Judgment OF decree - reversed or nj
lrmed by the supreme Court o. Appeals every point
fairly afs NJ upon the record OF the cfhe SHAH be
considered and decide + and che reasons therefore
shall be coneisely stated In writing, and preserved
with the record Of the care; aud II shall be the duty
Of the eonr, 70 prepare syllabus o !he points aaIn
dicated Ia each case eoncnrfed IN by three OF the
Judges thereof which shall be pfehxed 10 the pub
llahsd fapdi. - the case
g. writ o. erior, ssperseifas or appeal shall he
allowed only By the Supreme Court OK Appeals or a
Judge thereof upon petition assigning error IN the
Judgment proceedings Of the inferior court and
then only after said court or judge shall have ex
amiuod and considered the record ana assignment
errors and satisfied that there Is an error In the
same OF that Z presents poin. pr.pef i2r the con-
T. II from any cause vacancy shall occur IN the
Supreme Court Of Appeals. the Governor SHAH issue
a writ II election to Ill such vacancy az the next
general election for the residue Of the term, and in
the meantime he shall hl such vacancy by appoint
mani until Judge il elected and qualified. But IL
the unexpirsd term be less than two years the Gov
etnor shall Oil sueh vacancy 10y appointment ior the
unsHpired term.
except the reporter shall he appointed by the court
o. M vacation hy the judges thereof with power OF
remoya their duties and compensation shall be pre-
y There shall bs at leasi two terms Of The Supreme
! Court Of Appeals held annually At such times aud
] places as may be prescribed by law
| eiserIr coUsT.
! 10 The stats shaI he divided ints thirteen cir
| cults FOR the circuit hereinafter called the first,
two Judges shall be elected and for each Of the other
| circuits one judge shall he elected by ne voters
thereof Each Of the judges electe shall hold his
Office for the term Of eight years. unless sooner re-
moved in the manner prescribed ia this constitution.
The Judge. Of the circuit courts in office when this
article taxes effect shsl remain therein until the
| expiration Of the term for which they have been
elected in the circuits IN when they respecuNely re-
| side uniess soon removed aforesaid. A vacancy
in the Office of Judge Of the Circuit Court shall lie
filed ia the same manner A. II provided iof ~ any
case az vacancy IN the Office OF Judge OF the SUI
| meme C.urt of Appeals. During his continuance IN
office the Judge 81 circuit court shall reside IN the
| circuit Of which he Is Judge. The buslness oi tht
first circuit NAV be appoftoned betwees the Judges
| there Of and such Judges may hold courts ~ tht
sane county OF in different counties within the cir
cult At the time OF at different times, az may be
I'll A circuit court shall he held 10 every count,
In the state az lesst three times IA sseh year, aho
provisions may 10 made by law ior holding specia
Terms o. said court. A Judge OF any court may holo
the courts ia another circuit
! n Tho circuit court shall have the supervision
and control Of an proceedings before justices and
other inferior Tribunals, by maHdamuF, ptohihition
and certiorar, They shah, except IA ease. continued
rclusively ~ this constitution 60 some other ttou'
nal. have original and general jurisdiction OF al
matter. Vt law where the amount 10 controversy *
]
Of hak,as eaqu. faandanas, goo 11faaio ana pfehl-
bton: and az in equity, aud 81 al crimes aht
misdemeau0rs. They shah have appellate Jurlsalc
ton in an cases civil and ctimluAl, where an sppea
wit of error or nspcrsisas may De- allowed 10 th'
! Judgment ur proceedings - any interior ulbnhal
Thev shall ALEC have such other jurisdiction, Nhethe
supsr,isory, original appellate, 90 cQncpUyns as Is VI
may b. prescribed ty law.
"a. Uutl othervise provided ~ law. The Stat
| shail he divided into the following circuit. IN
couuu.s of BROOKE. Hancock, Ohio and Marshal
shall constitute the hti eircnii' 1he eeuutle- 81 ~
Mongolia, Marion and Hsinrsn, We steghd. VA
Randolph the third; the counties 20 Met1ei' Tyler
Kitchis and poddtidge. tire tntth. NE counties .
WOOD, Writ, and Pleasant the tnh; The counties 2
CLAY Gilfasr, Jackson. kosns and calhoun the Sat
IN. counties ~ Putnam. Ksdawha and Mason, IN
se,enth. the counties 81 Catell Wayne. Lincoln an
Logan theeig the counties q Mcdowell Mercer
Raleigh. wyoming and booue she ninth: the eonn
, ties u Greentrier, Monroe, summers fayette an
I.wt. Hraaton. Nicholas and wet.ter the eleventh
the sountes u Grsnt. Hardy, Hampshire. Miusai
aud pvndiston. she tselhhi ne counties OF ''nef
| ~ The legislature NAV festtanse the circuit
herein provided for a auJ ses.ga thereof neAi pre-
| csdIns any Euersl election ~ the Judge " al
circuit. aai after the yesr thousand eight hun
dred aud sighty-eEht. max at suy -ueh sss-"u' lea
rs The legislature shall pro,ld- ~ law fof hold
Ing regular and 'pseai tefms q ihe cIg1. Ssat'
where from suy cause the Judge shht sli ~ AltfA'
| o., lin ATTENDANCE. cannot ptet-flF ftesia"'
sEsKsAL rNovisioss.
| An tud.ss .hail BE- commissioned ~ the GossIuol
The salary ct - Judge Of the supreme Cont q ~
pal. shal te two "a 1usssd i've hundred dollsfs ~
. | auuum. Aud tkat q judge - TIE titcut toui
shall D. one Thousand eight hundred doilHFs Ter an
| mum. and each shall receive the same lousaEe q
members 81 she legislature. hoItdei. Iha' on,
county NAV ray additional sun fser suunm 70 On
Judges of ths circuit Court thTreoi tut such sll9"
| sncss shah not be increased OF diminished duHu
toe term ~ ofce q the Judges o. whom = may hs'
been made. No judge during ~ term q once y q
practice the profession Of Law of held any ether ~
apTointment ct public uust, under this of any oths
government and the accvTtauee thereof shsil vAeat
fis iudiciai Office Nor shall he duurg BIZ Contiu a
| suee therein be eligible o. any political office.
H. judges NAV be removed fro a Office Ny con
current vote Of 10th houses % the legislature hs
. fr0m age disease. mental or bodily intfmitf % iu
Temperance, they are incapable q di-chsfgiug N
duties Of HE Office But tse-thirds % al The uisu
hers elected 90 each house must concur " such vol
aud tn cause OF removal shall D. ehteTva up0n th
Journal Of each house The Judge sEaintt shoia Oh
Legislature may he ah0ut ~ proved shalt feerit
notice thereof accompanied slth the cssse siisge
for his removal - least twenty days t@iaFs Che Ga
ON which acton IL proposed o. ~ tHKen thersin.
| IL The voters " esoh County shsl elect cirf
ofths Circuit Court, wh1se tern N chee -hali D