West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1880-07-17

| ',"y"''' '""-"'HHH ~ Ntt thC WtcrbeF5
| etectoJ 10 c0ch JiyHye Ggrceiag tbeyci, .
ihNt tho following loo aud tho sam. l.
! hofchy proposed as an anne luont L, tho
! Z institution of ibis state. t. wit: TINT
article eight oil said Constitution "a. IT
! now - bc stricken out, aud the follow,
| lnS DO Inserted in lieu tu,rJf.
ARTICLE VIII.
JUDICIAL DEPARTMENT.
!. The judicial powor OF tho state shall
| 10 vested iu "a suprona court Of apDe u4.
| in circul, urls. ANA tao jnl4oi thproJL
| in such inferior tribunals as herein uu d.
thori.ed, aud Justice of the poic0.
SUPREME COURT or APPEALS,
! .. Tho Supreme court OF appeals shall
! consist or four judge, any { ricol VINO n
| SliIll bO quorum for tho trtuSaction of
| business. Thoy shall ho elected by tho
! votors ct tho state, and hold Ihcir oaico
/ Tor mo term OF iwClvo yQirs, unless
| -OpuCr romovoI IN tho ltiauucr nrs-
| scribNd by this Constitution. cxcept 'that
! tho Judges iu Office When thi. article
| I kCs C.lCC; shall remain therein until
! tie expiration OF their present icrm OF
| oihCO.
3, Itshall have original jurisdiction IN
| all ct,oS OF hHbcug c0ypVS 7Huq AtylU4 and
! prohinliiou. ~ hall haro appellate
| jurisdiction IN civil cucs whore tho mat
| ter in controversy, exclusive OF cost. H.
! OF orator value on amOIut tApn ono hun
| drc3 dollars: ia controversies concern
| iig tho title or boundaries OF land. tho
| probate q! willis, tho appointment or
| qualification OF q porSOuu representa-
| uNO, guardian, committee or curator: or
| concerning nili, road. way, iorry CT
! landing or tine right of corporation or
| county to levy tolls or taxes. aud also in
cases ct Qll0 WdI7Dpto. hrjetS cDlDts, ,nu1-
| G'u0jtS, 't7tioy0Ti and prohibition. and i'm
/ 1trf ttsr
| uuupli;y OF law. 10 sudl have appcl~
| Euo jurisdiction i'm criminal clscs where
! th ~ has been conviction for :olOnv or
| ibisiCmcIu0r in a circuit court aud
/ "hcro "A conviction has been had in any
! inferior cow and boon affirmed iu n cir~
| Gait cOiu. md in cases relating to tho
| pubic rev .GGo, tho right OF appsa! shall
! nelouE 30 a.. state RS vol rs !bc defend
! ant, nnt I.A oulor appellate iurisdic-
| ton, in Dutn civil aud criminal cases. as
| may bc pcrscribol by law.
4. No decision rendered by the su-
prone court al appeals shall he c0nsjd
| Oroi as binding authority an IN any OF
tho inferior courts OF this State, cylTept
| in tire particular ease decided, unless
such decision is cOucurrcd i'm Nv at i.psi
three judges OF raiG court.
.. when Judgment on decree is re-
vcrscd ~ ALL imcJ ny tho supreme court
OF appeals, very point fairly arising mn.
4 lie
cred and decided aud tho reasons
,hci ctor shall bC conciseiy stated in ,vri-
uuE.aud preserved with the record OF tho
cl~c. aud it shall bc tho duty o! tho
court go prepare ay,lahns OF the points
aIiudicutcG IN CdCn case COnCWrcd i'm nv
three Of tho judges thereof. which Shall
be prcliXod 10 the published report OF the
case.
Is. a writ Of error, S,,pcySc3crg orao-
peal shall sc allowed only by the su,
prone couI. "rappaais On judge thereof
upon petition assigning error b. the
iOdgElcnt Uv procedures pi The inferior
court, and thCn only after sIid c...rt or
Judge shall nave examined and cpa-id-
Hrei the record aud 0ssignmCu, Ui cfivuS,
and is satisfied that there I7 error iu tue
Same, or that 10 presents point prupcr
for tho consideration OF the supreme
court OF appeals.
T. 1t from any cause 4 vacancy shall
occur in the supreme court OF ArgcllN,
tho Governor shall issue writ % q. o.
ton tO iii such vacancy nj the noNt gun-
cral election tor the residue of tho torn
and in the meantime lac shall ill such
vacancy Ivy appointment for tho unoy-
pircd term.
8, The officers Of tho snprcmo court of
appeals, except Tho reporter, shall be an
pointed by The court, or. in vacation by
tho Judges TN reoi, with mower of no.
NOV a their duties and compensation
| ahuli hc prescribed ny law.
8. There shall be ut least two terms of
the supreme court OF appeals hold Gnnu-
ally, at such times and places ai may be
! prescribed by law,
CIRCUIT COURTS.
10. Tho State shall be divided into ulr-
| teen ri, cats. For tic circuit herein
ancr called tho first, two judges shall
| he elected, and for each OF tho other cil~
cults one Judge shall be olcctCd by tho
voters thereof Each OF tho Judges so
| elected shall hold his Office for the term
| OF eight years, unless sooner removed in
the nanner prescribed i'll this cOnstitu-
| ton, Tho judges OF tho circuit courts in
| oilicC whom this article takes cilCct shall
remain therein until tho expiration al tho
/ term for which they have boon elected IN
| the circuits in which thoy may rcsppctive-
| ~ reside, unless soon removed as RlOrc~
| said. n vacancy in tho Office Off Judge of
! the circuit court shall he filled i'm tine Same
/ manner as Is provided for i'm airy caac of
! u vacancy in tho Office OF a Judge OF tho
/ supreme court of appeals. During his
| continuance IN Office tho iudgC of q cir
cult court shall reside i'm the rircuit Of
| which he is ia go. Tho business of the
| first circuit naY be appOrtionod between
! the Judges thereof, and nlrh ipdrCs may
| hold courts in the same county or i'm
dincrnpt counties within tho circuit at
! tllC SamD time or at diil0ut times. AS may
/ bc prescribed 10y law.
! ii. a circuit court shall be hold I'm
! cycry county i'm tho State 81 Toast thrae
| limos i'm each year, and provisions puy
\ ho madO by law for holding special terms
I Of said court. a judge rf any circuit
! may hold the courts iu another circuit.
II. Tho Circuit Court shall have the
! supervision and control ofail proceedings
| before justices and Othor inferior tibu--
| mails, by UidHddm'tS prohibition and carr
/ HOrOyt. They sinai except ion cas- C3 con-
/ tined exclusively by this constitution to
I sObo other tribunal, have original and
general Jurisdiction Of all matters st law
/ whore GA" amOuut iu controversy e5<CIu~
| sivo OF interest, CXCCois fifty dollars Of
/ all cases OF h0bcNs cDJyVs, mOudtmus,
1 TtJ lr0TT0uto. amt prohibition
Z ut 81! cases i'm equity, and of all
| crimes and misdcmeanors, Thcy
| snnil have appcNa.. jurisdiction i'm
| all clcs, civil and criminal. where au
/ appeal writ VI Orr1r or sVJerscdCqg may
/ Do allowed tO th0 iuGrmoI. or proceed.
I iugs OF amy inferior tribunal. They shall
\ also have such ether jurisdiction. WhCth-
! or supervisory, original apprl~
/ Iaio, or concurrent, as is o. may be we-
/ scibCd uy liw.
/ 10. Until Otherwise provided bv law,
/ tuo SIn'n si1ll bo divided into thc follow
] bug circuits Tho counties OF Brooke.
/ Hancock, Ohio aud Marshall .hal' con
/ .Iiulo iho first circuit the counties Of
] Muuongilia, Marion and 1ar- sou, the
/ .cc1u1 ; Tho counties OF Preston, TAYLOR,
/ bUyour Tucker and Randolph, the
/ luId thc counties OF Wcflci Tyler
/ ibichln aud bDidrIdg", the fourth the
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