The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-07-10

IrDICLAL DsrARrSyENT,

.SLOiNAAAh go ~ 5htsSN4t
l. The'jnjiciui power Of l.e State shall
b. vested in supreme court Of appeals, 10
circuit counts, and the judges thereof, 10
such ihtGEiur tribunals a4 are herein MI
thorizcd, and in justices Of the peace.
surEEHtE COURT OF ArrGALs.
2, The .upremc court Of appeals ataII
consist Of four judges, any three Of whom
Silall sIe quorum for tic transaction 81
business. They shall be elected BY the
voters Of The State, autl hold their Office for
the term Of twelve years, linlsSs sooner re.
moved in the manner prescribed by this
constitution, except that the Judges in office
when this nfticle takes effect shall remain
therein Until The expiration OF their present
tom Of Office.
5. II shall have original Jurisdiction in
cases Of haheas cOrpus, uiaIdanius and
prohibition. lsslIal! have appellate juris-
dicIion in civil cases where tho matter III
controversy, exclusive Of Costa, ia Of greater
value or amount than Que hundred tlOIlars;
in controversies concerning the lille OF
toUnilatics Uf land, the probate OF wills
the appointment or qualification II per-
sonai representative, guardian, committee
or curator; or concerning mill, road,
way, ferry OF lnnling; or the right Of u
corporation or COunty TO levy tolls or taxcs,
and also in cases Of quo wlrTaNio, haleas
corpus, niandanua, ceIttorari and prnhihi.
ton, and in cases involving freedom or the
conElitu,ionality Of q law. II shall haye
appellate jurisdiction in criminal cases
where there haa been conviction for fol
onY or nisdcmcaRor In a circuit can't, and
Where conviction has been had in any in.
teriot cour; and been affirmed. in circuit
court, and in cases relating TO tile public
revenue, The right Of appeal shall belong 10
the State we'll ss tic defendant, aud such
other appellate Jurisdiction, in both civil
and criminal cases, as maybe prescribed
by law.
4. No decision rendered by the supreme
court OF appeals shall be considered as
binding authority upon any Of the inferior
courts OF This State, except in the paFIicu
lar case decided, unless such decision i
coucurred in by at lesst three Judges Of
said court.
s. When a Judgment Or decree is reversed
or affirmed BY the supreme court ofappeals,
every point fairly arising upon tho rccotll
Of the cuse shall 10 considered and decided
and the reasons therefor ahaIE he conciseIy
stated i'll writing, and preserved with thu
record Of the CNge; and Il shall be thu duty
Of the court 10 prepare a syllabus Of The
Pointa adiuiicaicd in each Gaze COaCUrrcd
III by three Of the ildSrS thereof, which
shall be pretixed to tie Published report o.
the case.
0. a writ oil error, supcraedpas or appeal
shall tG allowed BY the supreme court o.
appeals or judga thereof, upon a petition
assigning err6r in tie judgment or pro
teeiiDgS Of the inferior court, aud tier
only Httrr said court or Judge shall have
examined and considered the rvaOrd Sni
assignment Of esF0rs, nnl is satisfied iha,
there is error in the same, or that it pre-
scnts point proper for the consideration
Of tllGG1prenis court ct appeals.
q III from my ctilgG q vacancy sllal
cccur in the supreme court Of appeals, Tx
governor shal! Issue awrit Of election 10
ill such vacancy az the next general cleo
ton for the residue 0f The term antl in Llit
meantime lie shallz lllIzsusIi5 vacarcyzb y
:upFoiutulentsuntilz n judge Is elected mi
qualified. But II the lINexptred term b
less than two years the governor shall lil
such yacancy by appointment for The itnex
piTel term. S=
$. Ths.Oilleers Of the supreme court o
aMealS, except the reporter, shall be up
pointed by the court, OF, in vacation Of tn
Judges thereof, with power Of removal
their duties md compensation shall be pre-
scribel by law.
.. There sllnll be at least two terms o
The supreme court Ofappeals held annually
nj such timca and places ms may b0 pre-
geribel by law.
CIRCUIT corHrs.
10. The State shalt be divided into thir
teen circuits. For the circuit hereinafter
called the i.st, two judges shall be elected
and for each ii the other circuits ore judgt
shall br elected By tic vo:crr thereof. Eacl
Of the judges 20 elected shall hold his oilict
Tor The term ut eight ycaIs, unless 8Oonel
rcmnvcd III The manner prescribed in Till
constitution. The judges Of the circni
courts in Office when this article takes
eject shall remain therein until the expir
| atian Of the term Cor Whic!, they have Gerl
elected In the ciTuits in which they m1y
respectively rcS;Ac,ur!css sooner removed u
nforesaih. 4 vacancy in tho office Of {
Judge OF the circuit court shall be filed II
The sanc manner as IL provided for III IN
cascUf vacancy In the Office Of Judge {
the supreme court Of upreals During hi
continuance in Office the Judge Of circui
court ahall reside in the circuit oil wlIic
he is judge. The business Of tia IirSt Gil
cult may be aproFtiuncti between The inlgC
thereof, and such judges may hold court
in the same county or in different COunlit
within the circuit ut the same time or Il
different times, as may be prescribed b
law.
II. a circuit CoIrt sllail Ee held in ever
county in the State Mt least thice times j
each year, aml! provisions may le made b
law for holding special terms VI said cuGr
4 jHdge Of anY circuit may bold the couF'
IN another circuit.
II. The ciGcul c0N(i shall have the st
frrriSion and c0Etnl Of all proceeding
heiOrC justices and pll,er'iMierior tribunal
by Ina.darn'!s prohibition AEA cerli"tar
They shalt except in caAs confined excl
sivcly by this constitution IL sGmc UthC
tribunal, have original md general jnril
'IiGlion OF nil IuMltGrS nj Inv wheG Ill
amount In controversy, exclusive Of irteI
est, excccda City dollars; Of all cases {
haheas G0rpu9, m"uiHm's, QUO warrant
Hnl prohibition: md all cases in tInii,
aud Of all crimes anil nlisdpmesNVrs. The
shall have appellate jurisdiction in a
casCS, CiviFAH criminal, whVls ua alIe,
sriI u error Or sNl'enr'lrnH may lle al!uwe
to the judgment or ptuc. cdinEs Of any II
lrrior tribunal. They shalt also have sue
other jnri4liation, whether suwrSEaor:
original appellate, or concurrent, as Is {
may he Llse8eFiitd by law.
Ia. Until utl,pgwi6n provided by law, Il
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