Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1880-07-27

mereey proposed az an amandment to the
oight of said Constitution as it now is BIO striek
tbs. oas, aud the following be inserted in lieu
ARTICLE VIII.
JUDICIAL DEPARTMENT..
I. Tho judicial power of the State shall be
vested In supreme court of appeals, in circuit
courts, and the judges thereof. in such inferior
tteesof the peace.
SUPREME coUsT OF APPEALS
2 The supreme court of appeals shall consist
quorum for the transaction of Business T PS
snail snail be elected by the voters of the State. aud
mold their oh1ce for the term of twelve yenrs
nnless sooner removed in the manner preser,bed
SI this CONSTITUTION, except that the judges in
therein until the expiration of their present
term of etfice. f'n'
S. It shalI have original Jurisdiction in case,
of habsas corpus. mandamus and probii,t;an ea9s
snall have appellate jurisdiction in civil eases
%nere the matter in controversy, exclusive of
oests.ls OF greater value amount than one
hundred dollars; In controversies coneeruinr
.ne title or boundaries of land. the probate Of
SiIs, Inc appointment qnalif cation of a
persona! representative, guardian, conmittee
Serry Or ia6d on oo On tb ,h mill road
or county TO levy tolls taxes, and also in
sss Of que ,esrrGnio habea: corpus, maudamu,
iEssaem or the SonstitutienRlity OF a law. It
.an. nave appellate Jurisdiction in criminal
cases where there has been q conviction for
felony or misdemsanor in a circuit court, and
cnsn. sonyiStisn has been had in any inferior
10 eases rotating to tho pubic revsnne. i the
right ss OF appeal shall belong to the State as we'll
nne defendant. and such other appellate in
risoi9uon. IN both ciyil and criminal Gases, a.
may be prescribed by law. 10
!. No DECISION rendered by the surrspas eoprt
OF aRpeais shall be considered as bindiag an
stste .l "ess any y Of the nferlor court. this
less suo9 decision Is SoHcarred ID by at least
3. When judgment or decree is reversed or
en1rmsd Sy the supreme court of appeals every
shall DO considered aud decided and the Tsso
soas therefor shall be conoselv stated in writing
Is shall be tho duty of the onurt to nrso,rs a
ssliaous OF the points adjudicated in each case
which shall be prefxed to the % Slished ranor;
OF the case. H'
8. writ of error. ,uper,edess or aepcal shall
he allowed only nv the supreme CONT Of nnnoais
or a luage thereof, upon petition assigninF or
Fo r,nr sne 1ud smsnt or proceedings of the in
Judge shall have examined and cousidered the
fsst eh ana Of errors and is satisfied
senfs point proper for tho onsidorat1on of the
supreme court of Hppeals.
l. 1t from any cause vacancy shoII oerprio
tho supreme cenrt of anpnals. the Governor
saaII issue 81. a writ of election to fll such va
idus OF The torn: aud in the meantime he shall
Is elected and Ix agp"1 p9 until Judge
term be less than two years the Governor shall
MI ni sacn vacancy by appointment for the une1-
8: The eficers of tho supreme court Of an
peas s eSeept the reporter shall be appointed nv
with newer OF removal: their duties and com
PsnsatIon shall be prescribed nv law.
g. There shall be at least two terms of the su-
frsme court of app"als held annually. at suoa
times ana places as may be prescribed by lar.
CIRCUIT COURTS.
10. Tho State shall be divided in+o tbirto.,,
circuits. For the circuit hereinafter called tho
hrss. two judges shall be elected and fer each
by tho voters thereof Esch of the guds e'e sd
elected shall hold his Office for the term of eight
years, unless sooner removed in the manner
prescribed in this constitution. The Judges of
tno circuit courts in Office when this article
ration of the term for which they have heen
elecied In the circuits in which they NAV re-
spectIveiy reside sunless soouer removed as fore
sald. vacancy in fine Office of n Judge Of tho
elrcnit court stall lie filled in the same manner
as is provided for in any case of a vacancy in
the office of a judge of the supreme cent of ap
peas. During this continuance in office the
Judge Of cireuit court shall reside in the err
gun of which be is judge. The business Of the
nrsS circuit may be apportioped between tie
judges thcrcof.and snch judges may hold courts
In the same county or in different counties
wthin the circuit at the same time or at differ
H. eircnit cOnrt shall be held in everv
Sasp M inc Ssa6e at least thres times in each
holding special terms of said court A Judge of
sny circuit may hold the courts in another cir
cult. va
IL. The circuit court shall have tie super,i-
ron anu sr9l OF all Proceedings before JUS
prohibition and e-rfiorari Tbey shall ercon+ y,
eases confined exclusively by this constitutes
to some other tribunal, have original and GEN.
aral Jurisdiction of all matters at law where The
aInount IN con tT9versy exclusive of interest
Pus, m1"dhmu': quo tosrranto, and prohihi1ion:
ana All cases in equity. and of all crime. and
dlction in all cases. civil and criminal, Where
an appeal writ of error o sup.rs,deas NAV he nj
lowed to tho judgment or proceedings Of .nv
inferior tribunal. They shall also raw % sncb
other jurisdiction whether supervisory oTiri-
nn n. aP9eaiate. or concurrent, as is may be
state G sba N bn wise provided by law the
L Brooke.
ana MarsnaIl shall constitute the first circuit;
son the second tho counties of Prsston IT,
tSe eonntas fTSker and Randolph the thirds
aridse, the fourth the counties of Woa% wv
cGH pieasa1t. the tifth the oountlss of Clay
the counties of Putnam. KanawTa and .he M sStn
fae sss.enth the counties of Cabell. Wayne,
IepoweIIOd M ogan. the eighth tho counties of
Soone' the ninth; the counties of Greenhri"r
aoPsoe; summers. FayGtte and Pceahontas tho
n snnth ths counties of Upshur, Lewis Braxton
Nshoias and Webster. the eleventh the SOM
p rses a. Grant, Hardy. hampshire. Mineral and
son; Berkeley and Morgan. tho thirteenth.
-. ~; ne legislature may rearIanGe the circuits
herein provided for at any session thereof newt
preceding snv general election of the iHdres Of
san circuits. and after the year thousand
slcnt hnndreh and eighty eight, NAV at nnv
s sS session. increase or diminish the NUMBER
IS; The legislature shall provide by law for
hoIding regular and special terms of the cireuit
Isl % u, Wnere from any carSe tho judge shall
erly preside. s'14o' prop
GENERAL PROVISIONS
-. 10. All judges shall be commissioned br tho
Sovernor The salary of a ind ge of Tho snn nv rte
court Of appeals shall be two Thousand Two
n9nateN collars per annum. and that of a Judge
OF the circuit court shall be ono thousa nd rirIt
hunur.d dollars per annum: and each shall re-
sseIte the same mileage as members of the Leg
1sIatuie. Proridsd, That Ohio county NAV 80
an additional sum per anuum to the judScs IF
the circuit court thereof: but such allowance
snail not he increased or Ilimi mis- ed dnrinT tbe
term of office of the Judges whom IL NAV IaVe
been made: No judge during his term Of once
snail practice the profession of law or boId nnv
other office. app"intment or public trust. under