Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1880-07-24

icrc.v proposed as on anscncmeat 70 tle
& n,iiiHii.n 4 this state, TO Wit: That
sit.,.,. ,i.;t oi said constitution as II ROW
i. tr.i tirAsr. ,ut and lie following Be IT,
s,.,,G IA AeD thereof;
ARTICLE VIII.
r-UiclAI. DEPARTMENT
l. Tie i.li,i,l power Of the state shall
Is, vested in 81 supreme court o. appeals m
.lcc,t ccw,s. and the judges thereof, IN
~.eh iuferior tribunals as are herein au-
s...r'ztd, AMI la justices Of the peace.
SUPREME COURT OF APPE,LS.
" The supreme court Of appeals shah
,,ts'si ii four judges any three OF whom
sasll De a ou1r m Tor tie transaction OF
business. Iaey shall be elected by the
voters Of tie State, AMI hold their Office fog
tay term Of twelve years, unless sooner re-
uiuvtd in the manner prescribed 10y this
constitution, except that the judges Al Office
ahen Jais sg,icie taxes effect shall remain
tAcI,ia na;a Tie expiration Of tn II Pg,s nt
i,sm ot o.ite.
3 Il shah have original jurisdiction in
vs-e- 81 habsas corpus, mandamus and
ltoaiti,ion. IL shall nave appellate jUrls-
action In civil cases where the aiatter IN
s-.'f lytlsv, exclusive Of costs Is Of greater
value or amount than one hundred colar-;
iu controversies corCcgning the tit.e or
boundaries oi land, the PROBATE OF wills,
ttc appointment O.. qualification OF per-
nah representative, guardian, cpMmnt>e
or curator; or concerning mill, road,
WV, ferry or landing; or the right az Il
corporation or county TO levy tolls or taxes,
d also In eases OF quo warran;o, hoh,a-
corpus, manismus, Certi0reri ana pIohib-
t,iu. and IA cases involving freedom On the
c,nsi,siionuiiiy Of law. IL shall have
aprc,latc jurisdiction in criminal cases
Nasrv there has bosn a conviction for lei
ru, 90 risiemeauOr in circuit court, and
vh.re q conviction has been had III any IN
icc,cr court and been affirmed in a circuit
curt. and In cases relating 10 the public
r,v,nie. the right oi appeal shall belong 90
the State as well as the defendant, and snch
90 D appellate Jurisdiction, in both O,h
agd criminal cases, as may De prescribed
hv law.
& So 4 cision rendered by the supreme
Cout o., appeals shall be considered as
5islins authority upon any OF the inferior
co1,i, u this State, except IN the par,icu-
iar else decided, unless such decision is
corcc-s 4 in bT at least three judges Of
sail court.
> When Judgment or decree isrsversed
O. gi..I. hy the supreme c0ur; OF app,als
every point fairly arising upon the record
ol ihe ease shall. bc considered and decided
ami ,he reasons therefor shall be conCiSe'y
stated In writing, and preserved with tue
s. cord al the case; and IL shall be lie duty
Il the court 20 prepare q syllabus Of the
points aludicltsj in each case conCUrrej
in hy three Of the judges thereof, which
shall be Pgcdxed 20 Tie published report OF
taC y2sc.
g. 4 writ q error, surcrseaeas or appeal
she'll Zee allowed by tie supreme court OF
-oorals on q jGdge thereof, upon q petiti
signing error in the Judgment or pro-
ceeargs az the inferior court, and then
ONLY after said court or Judge shall have
eSeminod and considered The record and
sss.gnmtnt Of errors, aud is satisfied that
there is error in the SAME, or that 1t pre-
scut- point proper for the consideration
Of the supreme court Of appeals.
T. IL from any cause vacancy shall
occur in the supreme court Of appeals, the
governor shall Issue a writ OF election %
all such vacancy az the next general cleo
fi01 .er tie residue of the term; and IN the
meantime he shall hl such vacancy by
appointment until a Judge is elected and
Ouaiiiol But ii the uneNpircd term te
les than two years the governor shall OIL
such vacancy by oppoiutmeu, for the unex.
llrcd terra.
8. The officers of the supreme court OF
sppcals, except the reporter, shall bee ap-
pointed by the court, or, IN vacation u the
i.i-,s thereof, with power Of removal;
th.ir duties and compensation shall be pre-
scr5ej-by law.
O. There shall be at least two terms Of
The supreme court Of appeals held annually,
at such times and places Us may Be Ige-
scr5,d 10y law.