Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1880-08-14

lf-lniIs leN- lNifti~ Nt "iA etiN --
vlcc.ed 10 each House agreeing thereto
That the ioilowin. he and the same Is
hereby proposed as en- amendment TO the
& Institution Il this state, TO Wit; lhat
sriele eighi oi sJi! constitution rs lt how
l. De stricken cur. and Tie following be AZ
serted in lieu thereof;
ARTICLE VIII.
JUDICIAL DEPARTMENT.
I. The iudidal power Of the State shall
he vested in q supreme court Of appeals Z"
circuit courts, and the judges tn'reoi ia
such injector tribunals as are tescm au-
,horized and in justices OF lie peace.
srrRE,gE COURT oy APrEiLs.
=. The supreme court Of appeals shan
consist Il four Judges, any three o: WHOM
shall De q gucr.iu ior the transaction Oh
business. Iaey shall De- elected 10y the
voters OF the State, ana bold their office Tor
the term Of twelve years, unless sooner re-
moved I'm the manner prescribed by this
constitution, exc, 90 chat thc Judges al Oilte
wheE tbis article takes cioc. shalt remain
therein until theeSpira.i0n of ia ir present
term O. Office.
IS. Il shsli have original jurisdiction in
eases a Aabcas corpus, mandamus aat
prohibition. 1t shall have appellate lU-is-
tliciion la civil eases where the matter in
controversy, exclusive Of costs is Of greater
value or amount than one hundred dollars;
in controversies concerning the title 0r
boundaries OF land, the rr0u1te al wills,
the appointment Oy qualification Of per-
sonal Representative, gUsrdian, commute
OF curator; or concerning q mill, road,
way, ferry or landing; or the right OF a
corporation or county TO levy tolls or taxes,
anu also ia Gases Of quo warraNto, heOew
corpus. mandamus, Csiiiorari and prohlo'-
sion, aud In cases involving freedom or Tie
COnstitulionality of "a law. 10 shall have
appellate jurisdiction IN criminal cases
where there has been conviction Tor Tel
uny or mis,iemeau0y in a circuit court, and
where a conviction has lS5u had IN any ln-
icrior court and been affirmed ia circuit
court, and in eases rel-,ins 60 TIE Iua.c
revenue, the rishl a appeal shall belong to
the State as well as thedeleaiaut and such
o.h>r epuellate jurisdiction, IN both cill
and criminal cases, cs may be P-esclloG
BY law.
4. NJ 4, cisioa rendered by the supreme
court of appeals shall bc considered as
binding authority upon any Of the Interior
courts OF this State, except in tie part.cl-
l1r case decided, uiles such decision Is
conquered in by at least three judges Of
said court.
>. When @ Judgment or decree Is reversed
az a.hyued by the supreme court OF anp-ais,
every point fairly arising upon the record
II The case shall be considered and decided /;
and the reasons therefor shalt be C0nci'c.y
stated in writing, AMI preserved with the
record Of the case; and Ii shall be the duty
Of the court 20 prepare q syllabus Of the
points adiuiicsted in each case cOncuried
ia by three Of the jgdges thereof, which
shall be prchxed TO The published report OF
the case.
6. A writ Of error, suIerscdcas or appeal
shall lee allowed 10y the supreme court ol
appeals or q Judge thereof, upon petiu n
signing error in the Judgment or pro-
rcedincs OF the inferior court, ard then
oulv after said court or Judge shall have
examined and considered the record and
assignment Of errors, and Is satisfied that
there is error in the same, or that it pre-
s,.uis q point proper Ter the consideration
vi the supreme court ci appeals.
T. If from any cause q vacancy shall
occur in the supreme court Of appeals, the
governor shall issue a writ Of election 90
an such vacancy 20 the next general cleo
,iou for the residue Of the term; and in the
meantime he shall fl such vacancy by
appointment until q Judge is elected aad
qralifel. Eut IL the unexpired term lie
less than two wears the governor shall OH
such vacancy by appointment Tor the unex-
p:rei term.
8. The officers of the supreme court OF
appeals, except the reporter, shall be op-
pointed 10y the count, or, in vacation Of the
Judges thereof, with power Of removal ;
their duties and compensation shall be pre-
scribcd by law.
9. There shall be at least two terms 81
the supreme cour, of appeals held annually,
at such times and places as may be pre-
sciibed By law.