South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1880-08-06
Tho constitutional Amendment

Es2lC.
Eesoir.d by ,is Leyilo,,s-s Of Yes r,r.
Ginia, ,'eo- diircis Of ail tie members eteci-
osi 20 e1ch Howe agreeing tier,fo. Thst
the following &c and the came is her ely
proposed as IN amendment To tho Con-
( stitatio1 Of this Stale. 10 wit: That ar.
.ic,e eight of said Constitution IS it now
Is be stricken out. and the following be
| inserted ia lien thereof:
ARTICLE VII.
JUDICIAL DEPARTMENT..
1. The judicial power OF the State
shall be vested in supreme court OF
| Sapeals. in ci.cait courts. and the judges
Mereof. in such inferior tribunals as are
herein authorized, and.in Justices OF tho
peace.
SUPREME COURT OF APPEALS.
2. The supreme court OF appeals shalt
| consist OF four judges, any three of
whom shall be o quorum for the transac.
ton Of business. They shall be elected
by the voters OF the State, and hold their
Office for the term Of twelve years. un-
less sooner removed in the manner pre-
scribcd by this constitution, except that
the judges in Office when this article
takes effect shall remain therein until
cfllce.
5. 1t shall have original jurisdiction
in cases or hdbcos corpus, noa.iuaus and
prohibition. 1t shall have appellate ~
risdiction in civil cases where the matter
in controversy, exclusive or costs. is OF
greater vslue or amount than one hun
dred dollars; in controversies concern
| ing the title or boundaries OF land, the
probate os wills. the sfpoin.mcnt or
! qualification of personal representa-
tive, guardian, committee or curator OF
| concerning mill, road, way. ferry or
landing or the right OF o corporation
or couaty 10 levy tolls or laxes. and 81.
50 N cases OF quo icorrdntc, ha5ecs cor
pms, DdndoasIs, ccrtiOrdri and prohibit
! ton, and in cases involving freedom or
the conetitutionalty OF a Law. 1t shall
have appellate jurisdiction in criminal
cases where there has been conviction
| for felony or misdemeanoi in circuit
ccurt, and where n conviction has been
had in any inferior cour, amt been az
hrned n circuit court, and in caees
rolatinS to tho public revenue. the right
Of appeal shall belong to the State re
we'll "a TIE defendant, and such Other
appellate Jurisdiction, in both civil
and crimiaa! cases, as may be prcecrib.
cd by law.
a. No decision rendered by tho sd
prens court or appeals shalt be consid-
cred "a binding authority upon any or
the inferior courts OF this State, EXCEPT
IN tis particular casc decided. unless
snch decision is concurred in by at least
three judges o: said court.
5. When judgment or decree is reverq.
cd or affirmed by The supreme cour, OF
appeals, every point fairly arising upon
tbs record Of thc case shall De consid--
cred and decided !: and the reasons thero-
OF shall he conciscly stated in writing.
- preserved with the record OF the case
and it shall be the duty Of the cour. 10
prepare syllabus OF tho points af;G.
Dictated in each case concurrei III hy
three or the judges thereof, which shah
be prclixed TO the. published report oil
the case.
6. A writ OF error, nspsrsc5ecs or ap-
peal shall be allowod only hv tho sn- !
premo court Of appeals or \ judge there
of, upon petition assigning error in |
The Judgment or proceedings 81 the in. !
ferior court, and then only af'er said !
court or judge shall have examined ard |
considered tue record $nd assignment |
OF errore, and 10 satiefed tina. thcro is
error in the same, or that 10 presents :
point proper for the consideration Of the
supreme court Of appeals.
z. II from any cause = vacancy shall !
occur in tho supreme court cf appeals, |
tie Governor shall Issue writ az cleo
ton % Oh such vacancy 1T tho next
81.
term and in the meantime he shall fill |
such vacancy hy appointment until p
indge il elected and qualified. But ifI
he uneXpired term be less than two
years the Governor shall fill such vacan
cy by appointment for the unexpircd !
term.
?. Tho officers or tho supreme court |
of appeals, except the reporter, shall he !
appon'cd hy She cour., or, in vacation !
by Tire judges thereof. with power Of re-
moval; their duties anil compensation !
sLal! he prescribed by Law.
.. There shall nc ri least two terms !
OF the supreme conrt ~ Appeals held
annually, st slch times ant places rs
may be prescribed by law.
CIRCUIT COURTS.
10. The State shall DO divided into
thirtoon circuits. For the cIc1it here.
inf or called tho first, two Judges shall
be elected, and f)r each or the other cir
cui.s one judse shall be elected by tho
voters thereof Elch of the judges 40
ciecte shah told his Office gor the term
~ eight years, unless sooner removed
in tho manner prescribed in th;s con8ti.
tution. The judges ofthc circuit courts
IN Office when tb,1 article tsEes effect