Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1880-09-14
ARTICLE VIM.
JUDICIAL pErARrxxEr.

en- en- cut and the following be inserted in lieu
ARTICLE WIN.
JUDICIAL pErARruxEr
I. Tho judicial power of tho State shall lie
vested In a supreme sourt Of appeals, in circuit
eo1rts,snd the judges thereof. in such inferior
tees of the peace.
suPREME couar OF ArprA1s
p The supreme court Of sppesls shall consist
\ quorum for the transaction of busness Th.1
snail be elected by the voters of the State, aud
unless sooner removed in the rsaaaer nre.srIsed
by this Constitution, except that the judges IN
therein until the expiration of their present
5. 1t shaii have original jurisdiction /, c,,a.
of hab.Gs corpus, mandamus and prohibition" f.
shall have appellate jurisdiction in civil eases
where the matter in controversy eSoins;ve Of
costs. is of greater value or amount than ono
the title or boundaries of land. the proSs,a ~
walls. the appointment qualii cation OF a
personal representative, guardian. committed
or curator or concerning mill. road. way,
or county to lazy tolls or taxes, and also in
eases OF quo 'oarrGnto. haLeGs corpus. maudamss,
eeTftorGTt and prohibition, and in cases inyolyinr
freedom or the eonstitutie of a law. Il
shall have appellate Jurisdiction in criminal
felony or misdemesnor IN a cireuit court and
where conviction has been had in any in ferior
In eases relating to the public revenue, til.
right of appeal shall belong to the State as well
IL
risdiction, in both civil and criminal cases "a
may be prescribed by law.
OF appeals shall be considered us binding on
thority nnou any of the nferIor courts Of this
less such decision is conquered in Nv at least
three judges of said court
Q. w heH judgment or decree is reversed or
afnrned by the supreme court of aPpea!s, every
point fairly arising upon the record of tile case
sonstherefor shall be coneisely ted in writing
and preserved with the REGARD of the casa and
syliabus of the points adjndicated in eac!, case
seneurrea in by three of the judges thereof,
of the case. 'i0''
6: wri! OF error. s"psr'sdsGs or appeal shall
oe allowed only lay the supreme court of .pDeaIs
ora iudCe thereof, upon a patitioa assigning err
Tor In tae JudSmeut or proceedings of the in
!erior conrtS, and then only after said court or
judge shall have examined and considered the
record and assignment of errors and is satisfied
that there is error in the same, OF TINT it rre-
sents poiut proper for the consideration of the
supreme court of appeals.
4h Z; If from any cause yscaney shall ocenr in
shall issue \ writ of election to fill Euch va
saney at the next general clecti"n for the res
1due OF the term: and III the mean time he shall
FILL such vacancy by appointment until a ir9go
term he e asf tn INC B"t if the unsS"red
MI snch vacancy by appointments for the une1-
s. Tho officers of the su7rena court of so-
Pea so9 eTeept the rSn%[tSr shall ?e hy
with power of removal: their duties and com
pensation shall be prescribed by law.
.. ihere snail be at least two term: Of She sn-
preme court of appeals held annually. at suoh
times and PLACES rs may be prescribed BIZ law.
CIRCUIT COURTS.
10. The State shall be divided into thirteen
circuits. For the circuit hereinafter called the
first. two judges shall be elected. and for each
OF the other circuits one judge shall be elected
slected shall hold his Office for the torn of eisht
years, unless sooner removed in the n,anner
the circuit courts III Office when this article
takes effect siat! remain therein until the e1ri-
elected in the circnits in which they NAV re re-
sPsctlveiy reside less sooner cn!ovcd aforc-
circuit court shall be filled in tl1c same manner
as is prOyided for in any case of 3 vacancy in
the Office of a Judge of the supreme CONT CT APP
peals- During this continuance in o(ii:a the
Judge of circuit court shall reside in the cir
eui. of which lie is Judge. The business of tho
nrst circuit may be apportioned between tho
judges theTcof.amd such judges may hold courts
in tho same county or ia different counties
emit times as may be prescribed hy law
II. A circuit court shall be held in every
county in the State at least three times in sch
ye1s: aud provisions msy he made b1 law Tor
holding special terms IF said court. Judge of
any circuit may hold the courts in another cir
ouit.
~. The circuit conrt shall have tho snporvi-
eion and coatrol of all proceedings before jus-
tees and othor in ferior tribunals, BY mandamms
prohibition and c"'tiOr4ri. They shall except in
cases confined GSclusively by this constitution
to some other tribunal have original aud gem
oral jurisdiction of all matters law where t!Ie
exceeds fifty dollars of all cases of hqbsos cor.
Pa', mandsm"': quo tcarranto. and prohibition;
and all cases in equity. and of all crimes and
nisdemeanors. They shall have nprellaie iur;s-
diction in all cases. civil! and criminal, where
an appeal writ of error Sup,rsfdsos may he al
lowed to the judgment proceedings of any
inferior tribunal. They shall also have such
other jurisdiction, whether supervisory, oriRi-
nal appellate. concurrent, ia or NAV be.
prescribed by law.
l3. Until otherwise provided By law, the
State shall be divided iutO the following cir
cults: The counties of Brooke. Hancock Onio
and Marshall shall constitute tho frat circuit,
the counties of 31ononcalia, Marion and H9rri,
son, the second the counties of Preston, Tav-
the counties of WetzcI, r Fler. Ritchio and bod,
dridse, the fourth: the counties of Wood Writ
and Pleasant. tho fifth; the countlos of Cay.
the counties of Putnam, kanAwh. and Mason,
LINCOLN and Logan. tn" eighth the counties of
Mcdowell Mercer; Raleigh. Wyoming and
Monroe. Summers. Favo.te and Pocahnnta..thc
tenth ths counties of Upshur. LOWS. Braxtou.
ties of Grant Hardy. Hampshire, Mineral and
Pendleton- the twelfth the counties of .Jciisr-
IA. The legislature may rcarIanre thc circpit,
herein provided for at any session thereof next
said circuits, and after the yesr one th"na,nJ
eight hundred and eighty e,ght, may at anv
thereof. INC NUM- or
IS; The Legislature shall provide by law for
holding regular and srecial terms of the circuit
courts, where from any cause the i,dco si,aiI
1aii to attend, or, il in attendance cannot prop
erIy preside.
NEUTRALITY-SUSPICIOUS..
1o. All judges shall be commissioned by the
Governor. The salary of n judge Of ., supreme
court of appeals shall be two thousand two
hundred collars per 1nnHnl. and that of judge
Of the circuit court shall be cne thousand eight
hundred dollars per annum: and each shall re-
oelVe the same mi'ea &c as members of the or-
1slatnTe; Prorided, That Ohio county may nav
an additional sum per amman to the Judges Of
the circuit court thereof: but such ailnwanco
shall not be Increased or dimi nishel during tie
term OF office of the judges To whom II may have
been made. No judge during his term Of ,ifica
shall practice the profession of law or hold any
other office, apDoin tnieDt or public trust, under
this or any other government, and the accent
ance thereof shall vacRte his judicial cftics Nor