Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1880-09-07

CONSTITUTION of this State, to-Tit: Tbst spticIe
slSuCot sald CONSTIPATION rs 1t now is be stTick-
en- out land the following be inserted in lieu
thereof: 80
ARTICLE VIII.
80 JUDICIAL DEPARTMENT
!. Tho Judicial power of tho State sha1I be
vested IN y supreme court of asPeSls, 10 cirouik
courts, and the judges thereof. IN such inferior
tribunals are herein authorized, AID in JUS
tees OF the peace.
SUPREME couRr OF APPEALs:
3. The supreme court of appeals shall consist
of four judges, any three of whom shall be
quorum for the transaction of business They
snail sad be elected b. the voters Of tho State. and
unless sooner removed in the manner Rreserlpcd
n sais s,s sTsSrs 6Hae tie judges in
therein until the expiration of their present
5. 1t shall hayo original jurisdiction /, e,so,
OF ha6sGs corpus. mandamus and prohibition. It
shall have appellate Jurisdiction in civil cases
costs, is of greater value or amount than one
hundred dollars; in controversies CONCERNING
the title or boundaries of land. tile probate Of
wills, tho appointment or Qualification of a
personal representative, guardian, cerrlnittee
or curator; or concerning mill, road way,
ferry or landing: or the right of n corporation
or county to levy tolls taxes. and also in
cases of qIo ioarrGrto. haJeGs corpus rnsuTamns
eerttoTGri and prohi btion, and in inyylyipr
freedom or the ennstitutiorality of a law II
cases where there has been a eonVietion for
felony or mlsdemeanOr in circuit court, and
~nere convection has been bad in any inferior
coure ana oeen affirmed in circuit court, and
In eases reIatIng to the public revenue. the
the defendant. and suoh other anpe,Iate @ inI
rlsdletlon, IN both OWL aud criminal cases, as
may be prescribed by law. "
Z. No decision rendered by the supreme court
OF appeals Shall be considered as binding nm
shoTlty npon any of the inferior courts of this
STATE except in the particular decided mn
less snch decision is cOncurred IN hy st least
three Judges of said court.
s. When a judgment or decree is reversed or
afnrmsd by the sEpreme court of appeale, every
point fairly arising upon tho record of tho case
n n n RI RI dad. /.
sons therefor shall be conciscv stated in Writing
and prs1erved With the record of the case; and
syllabus of the points adjudicated in each case
concurred in by three of the JHdges thereof,
Wh ION sna!l De prenxed to the published report
e. 4 writ of error. suPsrsedeas OF appeal sk,ll
hs ailoweo only by the supreme court Of appenls
or iadgc thereof, upon 2 petition nssianinS ar
ror IN the Judgment or proceedings Of the in
judge shall have examined and ennsiAeTed the
record and assignment of errors, and is satisfied
that thero Is error in the saHlo or that it pre-
soats point proper for the Con sideratlon of the
Supreme court of appeals.
q: If from my eanse vacancy shall nccnr in
tne supreme court of appeals. the Governor
shall issue writ of election to eli such va
eancy at the next general election for the res-
1dse OF thc term: and in the meantime hc shall
NIL sHch vacancy by appointment until a ind 20
Is elo9ted aud qaaiif"d. Bat if the unrx9red
term be less than two years the Governor shall
M sneh vacancy by appoin mons fer the upex-
s: The ofhsers of tho supreme cnErt OF np-
peaIs' exeept tho reporter. shall bc appointed bv
the court, or. IN vacation bv the Judges thereof,
win power OF removal: their duties and com
psusation shall be prescribed by law.
Q. There shall be AT least two term. o. TIE Sr-
pFcne court or appeals held annually, OF -UcA
times aud places as may DO prescribed BIZ law.
cIEcUIT COURTS.
10. The State shall ha divided into thirteen
si:e"its. For the circsit hnrcinzf:cr called the
hrst. two jadGcs STALL be elected and for each
OF tne otaer circuits one Judge shall BE- elected
by tho voters thereof. Each Of tho judges &c
elected shall hold his oE6ec for tc term of eight
years, unlcss sooner removed in tho marTer
prescribed i'll this constitution TIE judges of
tho circuit courts IN ofice when this article
takes effect shall! remain therein until tho cxri-
ration Of the term for which they hava bnen
elected 10 the ciTcniss iii whicA they n,Av re-
apectivety reside ,urle*s scorer removed az cfove
said. A vacancy in the cffirs Of = lad ze Of file
eireult eonrt snail he filled in he sarna manner
az IS provided for in suv case of q vncarcv in
the ence of a judge OF he .arrcrHo cou,t Q sp-
pssis. During this contnnanco in office the
jadge of elreEit ccHrt shall reside in the cir
s.It of which nc isiudge. The business of the
1rst circuit may he apportioned between the
judges thereof aud such jud rrs NAV hold oorrfs
In the same countv or in different counties
within the circuit at be same time or A. differ
ont times. as may be prescri!,rd bv law
II: cire"it o"nrt shall be held in every
wear. and provisions may bo made br law Tar
holding special terms of said eoUrt A indigo Of
any circuit may hold the courts in anoIhor cir
IL. The circnit court shall have the sro,rvi-
tioa ana e9a trGi OF all proceedings before jas
Fr"hIb;tion aud c"TtiorHri. They shall except in
eases confined exclusively by this oons!itution
eral Jurisdiction Of nil matters at law where the
araonnt n co1tEoversy exclusive of interest,
exseedS ATTY dollars, of all cases @ hcbens cor.
P"s, mandam'ts: quo toNrranto, nd pYo?,i,it;on:
and all cases in eqnity. and of all crimes and
1elscemeanoTs- They shall have apDeIjntn iurj:-
d1eron IN all Gases, civil and criulinal, where
an appeal writ of error swprrsrdeas nav he al
inferior tribunal. They shall also have sucb
other larisdietinn, whether supervisory, origi-
nse appsil"te: or concurrent, as is ulAJ be
s+ 10: Until Until, etheTwise provided by law, the
euite; The counties of Brooke, Hanenck. Ohio
and Asrshall shall constitute tho fret circnit;
the counties of Mon gala, Marion aud HaTri,
son, the second the counties of Preston. Tax.
Tor. Barbour. Tucker and Randolph the third
de counties a OF Wet1el Tier Richie and Dod
ann Pleasant, the afth; the counties Of Cav.
the COUNTIES Of Putnam RanaMEa nD sne sixth;
Ine seventh the counties of Cabell, Wayne.
tHineo!n ana Logan, the eighth the counties of
Boone, the ninth: the countios of Grcenbrier.
Nlonr"e: summers, Favette and Pocahontas the
1enth the counties of EpsLur, Lewis. Braxton
Hisholas and Webster, the eleventh., : the conn,
ties ties Of Grant, Hardy, hampshire, Mineral and
son, Berkeley aud Morgan. the thirtcenth.
"a; The legislature may rear1 &C the circuits
preceding any general election of the jE3cns of
saIa s Greats, and after tho year ono thousand
such session, increase or diminish the numpcr
IS. The legislature shall nrovide hT I, for
holding regular and special terms of tbs cireuit
courts where from any the jvdrc shall
12il 10 attend or, If in attendance, cannot prop
erly preside.
GENERAL Provisions.
16 All judges shall De commissioned bv the
0overnoT. The salary Of a jGG re of The -,lp-en,e
conrt OF appe&IS shall be two thousand two
handrcd dollars per GunuHl, and that of n iudre
OF the cI'c;Ilt court shall be thousand ri.sht
hundred dollars per aunum: and each shall "a
celve the snme mileage as members OF tHc &C
lslatuTe Proridf6. That OHIO county may nav
an additional sum per annam to tho i,ldoer ~
thereof: a.
snail not he increased or Diminished daring tho
term OF ofIice of the JuG Ges rlioI: IL or Laye
been made. No judge during his terra! Of ofIico
shall practice the profession of law or I,o!u anT
other office appointment or pm bile trust nnder