South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1880-08-13

~ 70 ttfAse t%ftsf- n tNlf- IN ttfstIf. AEak
the following c aad ~. same j. bel chs
proposed IS e. sincutreRt 10 tae Cen
s,i;r,ios OF this Stsie. 90 sit: Thai NJ.
tic'e eight Of said Constitution as Il noe
is he stricken ce,. sui TIE following pe
inserted ia lieu thereof:
ARTICLE VII.
JuDicIAE DgPAGTsfzNr.
l. The Judicial! power or Tie sta,e
shall bc vested in snprsme court Of
appeals, IN circni: coaTte, aud the id4ss
thereof IN such interior tril,uaa,s "a sre
herein authorized, ARA in Justices of .hc
peace.
sUrREaiE CoURE OF APREALs.
.. The supreme court OF appeals shall
consist Of four judges, ANY three Of
whom shsll no . Qrcynra for the transac.
ton Of business. They shail 90 e.ecteG
by the voters oil the State, ord hold their
Office for the term Of twelve years. IN
less sooner removed in the manner pre-
scrlbed hy this constitution, except taat
The judges in Office when this atticle
takes effect shall remain therein un.il
the expiration Of their present term o.
office.
3. 1t shalt have original .iuriadioiion
in cases ofhHbecs corpus. ni1n5aali,s and
prohibition. IL shall have appellate ig.
risd!ction in civil cases where the matter
in controversy, exclusive Of costs. IS OF
greater value or amount than one hnn--
drcd dollars in controversies concern
ing the title or boundaries of land, TIC
probate o; Wills, the sppoiBtmGat or
qualification Of a persona. represents
tive, guardian, committee cr curator ~
concerning mill, road. WY, ferry o-
landng or The right q corporation
or county 10 levy tolls or taxes, .ai a..
so IN cases Of qE0 tcdJrda,o, hojtc. car
p1iS, 1adndogtus, ceC;ioTari and pgohibi-
ton and in cascs involving C.eedum or
tho enthusiastically o. Jaw. It.iaI'
have appellate jurisdiction ~ cs!niua'
cases where there has bCea q conviction
for felony CT mjsdemeanoi in q c;rC.i,
conrt, and ~nere . conviction hcs been
had in any inferior court ard boon If
iirined IL circuit court, and iH cCsea
relating TO the pablo feyeuue, the tieat
OF appeal shall belong - tho STATE o.
well ~ the defendant, and suca ollsr
appellate jurisdiction, n Uotl civil
aa1 criminal cases, as may DO DiesUrih-
ci by law.
d. No decision rendered. ~ ,hc s,:-
pTctnc court OF appeals shall bG ooa5d
ered "a binding authority uraa Any OF
thc inferior coUr.s OF thls State, excCat
IN the particular case decided. Da.ees
snch decision is concpr5e' IN 5y 80 le..a.
three julgos or said c5ur;
>. \. ben iud .,neat or decree is reverb
Ell ar affirmed ~ the supreme court o.
aapesls, every poin; fairly osis.ng anon
~ =.
erei and decide I : AMI ne raaa3ls thcco-
Of nh9ll be cocci8eiy stated ia ac.stne
Il preserved With tha record NJ the case
and i; shat! bo the duty Of the cour. 90
prepare = syl:surs 0! the points aaju
dieateh in each case concnrred in be-
three Of tue judges thereof, which shall
be p,eiiSed to the pu5li5bed report ~
tho case
6. 4 writ OF error, spp,.ge,7cas on ap-
peal shall be allowed ooly 10y Tie SUI
preme court o! appeals OF . judge there
OF, uPcn petition assigning e5rov in
the Judgment o. proceedings % nc in.
feTior court. and thea only after said
cont or Judge shaIi haze examined snI
considered the record apd nssigunes'
cf errors, and is satisfied thai hare To-
error in the same, or that 10 p-cs3nta =
point proper for The consideration cf .ho
supreme court oi apgea's.
z. II from any Cause = TecanGv $751;
occur in tho supreme court o. eNrcais
iEe Governor slaii issue q writ q eicc.-
sion % All such vacancy ~ th. ae-'
general election for TIRE .og.uue &. $50
term aud in the meantime hc shall r'l
arch vacancy by spp1intment Until
judge Is elected ami qualified. i:lt 81!
the nUHxpired term be loaa ttla taui
years tho Governor shall Gil suct yaeaa
cy by appointment FOR the nres?ifs5
term.
8. The officers Of the supreme cot.t
ri sppea!s. except the repor.er, 8ha. b.
appointed by tho court. or. IN yoa.'ioG
by the judges thereof. vita Eoaer o. re-
r1oYal their duties and apcusatIon
shall be prescribed ~ law.
9. There shall be al jeA.t two tern
OF tic supreme court or AppeJs held
annually, at soch timcs aud p,acos IS
may be prescribed ~ aw.
CIRCUIT coURTs.
10. The State shsil be divided into
thirtocn circuits. For the circUi: bo.1-
inaf CT called the first. two Judge ahei,
go ~4SCtt's hittt Tor tFyN Of IT.. JiifF CHE
cUi;s ono judge shalt be elected ~ tho
voters thereof. Each of tha judges 20
elocte shall bold his cfloe FOR tho tarr,
Of cighi years. unless sooner removed
in the manner prescribed CD this ,r.
tuition The judges olthe c.fcui. ~ru-'e
in ojfico when CHS article take effect
shall remain therein until the cyf-s
ton Of tao term FOR which tl.. a.Fs
been elected in Tho circuits iu vta.'
thcy may 10 pec'ivoly rosie. u-'.
soon removed as aforesaid 2 rec1ncr
in the Office Of q judge or teo cire-.'
court shall be Oiled in Tic ssu,c n.arrrr
rs Is provided FOR in any oas. or- y...
carey in the ofico Of Judge of .8o co.
preme court of appeals Un-jug Nia
conuauancc IN Office Else Judge or a cir
cult conrt shall reside IN the circui. of
which be is iadge. 'Fhe busiacas q tiic
first circgii may ho apportionad between