Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1880-07-20

That
eight of said Consultation as it now is be strck-
thereof: -. =. = =
ARTICLE VIII.
JUDICIAL DEPARTMENT
l. Tho judicial power of the State shall be
vested In q supreme court of appeals, in circuit
eonrta, and the judges thereof. in suoh inferior
tribunals as are herein authorized. and in JUS
..s.s.< SUPREME couap OF APPEALS. s-3-e
g. The supreme court of appeals shall consst
of four judges, any three of whom shall be n
snail be eiected by the voters OF the State and
hold their otice for tile term of twelve years.
bv this Constitution. ey Dept that the judges in
Office when this article takes effect shall remain
term of office.
5. It .hall have original Jurisdiction in cases
of ha6sus pus. mandamus and prohibition. 1t
shall have appellate jurisdiction in civil eases
where the matter in controversy, exclusive of
costs. is of greater value amount than one
hundred dollars; in controversies coneerniue
the title Or boundaries of land. tho probate Of
wills. the appointment or qualification of a
personal representative, guardian. COMMITTEES
or Sn6.t 1n or conc err, mill. road way,
or county to levy tolls or taxes, and also in
cases of quo toarranto habeas corpus, maudamus.
eS ana plonloitlon, ana In cases involving
shall have appellate Jurisdiction in criminal
GASES where there has been a conviction for
felony OF. misdemeanor In . circuit court, and
where q conviction has been had in any inferior
court and been affirmed in circuit court. and
Ia cases relating to the public revenue, tho
right of appeal shall belong to the State as veil
as the defendant. and such other appellate jul
=: No decision rendered by the supreme court
of appeals Shalt be considered as binding au-
thority npon any of the inferler courts Of this
State. except in the particular case decided .un-
three Judges of said court.
9. When Judgment or decree is reversed or
affirmed by the supreme court of appeals, every
peint fairly arising upon the record of the case
shall be considered aud decided and the rea-
aud preserved with tho record of the case ; aud
1t shall be the duty of the court to prepare a
eoncurred in by three of the Judges thereof,
which shall be prefIed to the published report
Of the case.
6. writ of error. supsrssdeas or appeal shall
be allowed only by the supreme court of appeals
Tor iu the jud gment or proceedings of the in
terior cour Is. and then only after said court or
record and assignments of errors and is satisfied
sents point proper for the consideration of the
supreme court of appeals.
=. If from any cause a vacancy shall occur in
the supreme court of appeals. the Governor
shall issue n writ of election to fill such va
cancy at the next general election for the res
idue of the term: and in the meantime he shall
IS eieete and quaogp BUT # the en9
term Ger be loss than two years the Governor shall
NIL such vacancy by appointment for the une1-
8: The officers of the supreme court of ap-
poals' eNcept the reporter. shall he appointed by
the court, or, IN vacation by the indges thereof.
with power of REMOVAL: their duties and COM
pensatlon shall be prescribed by law.
9. There shall be at least two terms of the SUI
Preme co9rt of appeals held annually. at such
tlnea aud places as may be prescribed by law.
CIRCUIT COURTS.
10. The State shall BIO divided into thirteen
circuits. For the circuit hereinafter called tho
hrst. two judges shall be elected and for each
Of tho other circuits one judge shall be elected
by the voters thereof. Escn of the judges so
years, unless sooner removed in the ma nner
prescribed in this constitution Tue judges of
takes effect shall! remain therein until the eIpi-
ration of the term for which they ha VIC been
sDectIveiy reside, sunless removed as afore-
said. "A vacancy in the Office of Judge of the
as il provided for in any case of a vacancy in
the Office of a judge of the supreme court of al,-
judge of a circuit court shall reside in the cir
cult of which he is judge. The business of the
judges thereof aud such judges may hold courts
IN the same county In different counties
within the circuit at the same time st differ
emit times. as may be prescribed by law
Lii. circuit conrt shall be held in every
county in the State at least three times in each
wear. and provisions may be made by law for
holding special terms of said court A Judge of
any eircait may hold the courts in another cir
cult.
IL. The circuit court shall have the supervi-
sion ami coatcol of all proceedings before JUS
prohibition and ee'tiorari They shall except in
cases confined exclusively by this constitution
to some other tribunal. have original and gem
sral Jurisdiction of all matters at law hero the
amount IN con s51versy exclusive of intercs,,
exceeds fifty dollars; of all cases of haGeas cor
Pu', mHndAmu': quo .oarranto. and prohibition:
and all cases in equity. and of all crimes and
mlsdemenuoTs. They shall have appellate juris-
diction in all cases, civil and criminal, where
an appeal writ of err OF sapsrsedeas NAV be al
inferior tribunal. They shall also have such
other jurisdiction, whether supervisory. origi-
MAJ ap3siiate: or Concurrent as is or may be
s ,is: Until Until, Otherwise provided by law. the
cults: The counties of Brooke. Hancock. Ohio
and Marshall shall constitute the fret circuit;
son, the second: the counties of Preston. Tav.
iSr. Barb9ar. TUCKER and Randolph. the third !;
dridse, the fourth the Goa mites of Wood. Wirt.
End Pleasant. the fifth; the counties of Clay.
the counties of Putnam. Kanawhn and Mason,
the seventh: tina counties of Cabcll, Wayne,
Lincoln and Logan. the eighth the COMMITTEES of
McDoweii, Mercer. Raleigh, Wyoming and
Boone. the ninth (; tho counties of Greenbrier.
Monroe. Summers. Favette and Pocahontas the
Nisholas and webster TIE clever RI the conn.
ties Of Grant. Hardy. Hampshire, Mineral and
son. Berkeley and Morgan, the thirteenth.
IA. The legislature may rcarrange the circuits
preceding any general election of the jndges of
said said circuits. AID after the year one thousand
thereof.
holding regular and special terms of the cireuit
sonrts, where from any cause the iudce shall
1al TO attend, OF, II IN attendance, cannot prop
erly preside.
GENERAL PROVISIONS.
16. All judges shall be commissioned by tho
Governor. Tho salary of judge of the supreme
court of appeals shall DO two Thousand two
hundred dol lars per annum. and that OF a ind ga
of the circuit court shall be one thousand eight
hundred dollars per annum and each shall re-
eelve the same mileage as members of the Leg
islature. Proridsd. That Ohio county NAV nav
an additional sum per annum to the ind COS Of
the circuit court thereof: but such allowance
shall not he Increased or diminished during the
term of office of tho judges to whom it may have
shall practice the profession of law or hold any
other office. appointment or public trust, nnde
this or any other government, and the ACCENT
ance thereof shall vacate his judicial nfica Nor