The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-07-24


Virginia, twO.thiris Of all the members
elected 10 each EIousc agreeing thereto:
That the following be and tho same is
hereby proposed as m amenumcnt to the
Constitution Of this State, 10 wit; That
article eight Of said constitution rs It now
is he stricken out, and The following DO in.
serted In lieu thereof:
ARTICLE VIII.
JUDICIAL DEPARTMENT. n.
l. The Judicial power Of the State shall
DO vested In u supreme court OF appeals, in
circuit courts, and the judges thereof, 10
such inferior tribunals as are herein an
lhOrizeh, and in justices Of the peace.
SUPREME COURT OF ArrEAl.s.
.. Tie supreme court Of appeals shall
consist Of four judges, any three oil whom
shall be quorum for the transaction Of
business. They shall be elected by the
voters oil the State, AMI hold their Office for
the term OF twelve years, unless sooner re.
moved in the manner prescribed by this
constitution, except that the Judges in Office
when this article takes effect shall remain
therein until theexpiration Of their present
term Of Office.
s. Itshall have original Jurisdiction in
cases Of habens corpus, mandnmus and
prohibition. Itsllall have appellate iuris-
tlicti0n in civil casea where Tic matter in
controversy, exclusive Of costs, is Of greater
ralae or amour, than one hundred dollars;
in controversies concerning the title or
boundaries OF land, the probate OF wills,
the appointment or qualification Of ii per
sonal representative, guardian, committee
or curator; OF concerning a mill, road,
way, ferry or landing; or the right OF a
corporation or county 10 levy tolls or taxes,
and also in cases OF quo warranto, habeas
corpus, mandamuS ctttiorari and prohibit
ton, and in cases involving freedom or the
constitutionality Of a law. Il shall have
appellate jurisdiction in criminal cases
where there has been conviction for fel
onY or misdemeanor in circuit court, and
where conviction has been had in any in.
ferior court and been affirmed in circui,
court, and in cases relating to tho public
revenue, the right Of appeal shall belong to
the State as we'll AZ the defendant, and such
other appellate Jurisdiction, in both civil
and criminal cases, as may DO prescribed
by law. n
4. No decision rendered by the supreme
court oil appeals shall be considered as
binding authority upon any OF the. inferior
courts Of this State, except in tho particu.
lar case decided, unless such decision Is
concurted in by at least three judges Of
said court.
5. When a judgment or decree Is reversed
or affirmed by thesupreme court OF appeals,
every point fairly arising upon the record
Of tie case shall Be considered and decided !;
and the reasons therefor shall be concisely
stated in writing, and preserved with TIL
record Of the case; and II shall be tic duty
OF the court to prepare syllabus Of the
points adjudicatcd in each case conctirrcd
in by three Of the judges thereof, which
shall be pre!ixed to the published report Of
the case.
GA writ Of error, supcrsedeas or appeal
shall be allowed by the supreme court Of
appeals or a Judge thereof, upon petition
assigning error in the judgment or pro.
eeedings Of the inferior court, and then
only after said court or judge shall have
examined and considered the record and
assignment OF errors, and is satisfied that
there ia error in tho same, or that II pre-.
sents n point proper for the consideration
Of the supreme court Of appeals.
q. II IRON any cause q vacancy shall
occur in the supreme court Of appeals, the
governor shall issue writ Of election to
FIJI such vacancy at the next! general cleo.
ton for the residue Of tie term I and In the
meantime he shall fill such vacancy by
appointmentuntil a Judge is elected and
qualified But II the unexpired term be
less than two years the governor shall oil
such vacancy by appointment Tor the unex.
pired term. ==s=447===z 5 -
s. The officers Of the supreme court oil
appeals, except the reporter, shall be ap.
pointed by the court or, in vacation OF the
Judges thereof, with power Of removal
their duties and compensation shall be pre-.
scribcd by law. =.
0. There shall be At least two terms Of
the supreme court ofappeals held annually,
at such times and places as may 10 pre-
seribed by law.==z5
CIRCUIT COURTS.
10. The State shall be divided into thir.
teen circuits. For tho circuit hereinafter
called the first, two judges shall be elected,
and for each OF the other circuits one Judge
shall he elected by the voters thereof. Each
Of the judges 70 elected shall hold his Office
for the term Of eigh. years, unless sooner
removed in the manner prescribed in this
constitution. The judges Of tho circuit
aarr|u Ia aflthn ,.t,na fkty rrtt,ta t,ba,
effect shall remain therein until the expir-
alton Of the term for which they have been
elected in the circuits in which they may
respectively reside, unless sooner removed as
Aforesaid. A vacancy in tho office 'of a
Judge Of the circuit court shall be filled in
tfle same manner ms Is provided for in m!
case Of vacancy in the office Of judge 0
the supreme court Of appeals. During hi
continuance In office the Judge OF a cir cui
court shall reside In the circuit Of which
he Is Judge. Tie business Of tie fint cir
cult may be apportioned between the judge
thereof, and such judges may hold court
In the same county or in different counticI
within Tie circuit at the same time or n
different times, as may be prescribed b!
law. j
II. A circuit court shall DO held in ever,
county In the Stale at least three times II
each year, and provisions may be made b,
law for holding special terms Of said court
A judge Of any circuit may hold the court
in another circuit.
12. The circuit court shall have the su
pcrvision and control Of all proceeding
before justices and other inferior tribunals
by maildamus, prohibition and certiorari
They shall except in cases confined exclu
sively by this constitution to some othel
tribunal, have original and general jnris
diction Of all matters at law where tht
amount in controversy, exclusive Of inter
eat, exeecda fifty dollars; Of all cases o.
habeas corpus, mandaiuus, quo ,warrantt
and prohibition: and ali cases in equity