Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-27

same is hereby proposed as al amendment 70
the Consutuuon OF Ihs state 70 VIII; Ina' All "
cie eight oi sai1 Sou s a. ~ INV az az
suWkeu out, ahu ti'c ioi'o"iue oe ih'o''ou AZ
lieu thereoi'
ARTICLE VIII.
JUDICIAL DEPARTMENT.
nh, ,,;;, -. ~ r. c,o,o shau no
1. ing yuuoai Po"v. VI viz Ss"'S g.; n,ra,,it
vesleu III eou ~ ~. ,oh ;ota,nr
courts, anu .iie i,.sn 'ne ,,h, ~ IVA ~ ;ms.
.Fioua ~ ,S a. , ase ,e'e'h anu -"
Ices oi lhe pcacc.
SUPREME COURT OF APPEALS.
o Tho supreme court of appeals shall consist
of fonr indges any three oil whom shall be a
onorun Tor The transaction of business They
shall he elected by the voters of the State and
hold their Office for the term oftwelve years, un.
less sooner removed in the manner prescribed
BY this Constitution, except that the judges In
Office when this article takes effect shall remain
therein until the expiration of their present
term OF Office.
8. II shall have original jurisdiction IN cases
OF haLsas corpus, mdndamus and prohibition. II
shall have appellate jurisdiction in civil cases
where the matter in controversy, exclusive of
costs, i of greater value or amount than one
hundred dollars; in controversies concern
ING the title or boundaries OF land,
the probate of wills, the appointment
or qualification OF personal representa-
tive guardian, committee or curator; or con-
corning mill. road, way, ferry or landing: or
the right of a corporation or county To levy
tolls or taxes and also in cases OF quo JdrrdRt0,
LrbsaS corpus, mdn,idmus. certiordri and prohibi.
ton, and in eases involving freedom or the con-
stitutiOnality OF law. II shall have appellate
jurisdiction IN crimihal eases wneIe tnele mas ~
been CONVECTION ior icIOh! OF mlNieIhcahor III
circuit court, ana Where CHhNlcuon mas pecn
had IN any Inferior court am, Deeli airlheu u,
circuit court, ana IN cases relatig 10 ue pup,ic
revenue the right OF appeal shall belong 10 the
State as well as the defendant, and such other
appellate Jurisdiction, in both civil and criminal
cases, rs may be prescribed by law.
4, 30 decision rendered by the supreme court
OF appeals shall be considered rs binding au-
thority upon any OF the inferior courts of this
state. except in the particular case decided, un-
less such decision l. concurred in by at least
three Judges OF said court.
VIZ . INDIGNANT, or .,ocree il rcycrSod or
az rre aic hy he snnr"mc court of apmals every
point fairly arising upon the record Of the case
Shall be considered and decided and the reas'
Ons therefor shall De- conclseiE shtedlh WriulS,
and preserved with inc record oil me case ann IL
shall he the duty 0i inc court 10 prcparea s!Iia
bus oi me points anliuratcn III Tacn rus H",
Cured In by thrrc ol the judges thereof, whlch
shall bc prCiNcd To The publshed report oil inc
case.
&, a writ oi error S"pfr%"oS or appeal sla,l
be allowed only by th"SuprCme court Oh Appears
or a judge thereof, upon petaion assigning err
ror In the judgment or proceedings 1i tc IN
feriOr court, anu thch Ohiy ailcr san court oI
judge shall have examiner ana considered ihe
record and assignment o. errors, anu n AtShcu
that there is error in the same, or that II pre-
scntS point proper Tor inc cOllSiueraliOn OF inc
supreme court OF appeals.
: II from any cause a vacancy shall occur in
tho Sunrcue court of appeals the Governor Shall
issue ~ writ mi election 10 fill such vacancy at
hanoxt ,ancroI ELECTION for the residue of the
tern aud in The meantime he shall fiji such
vacancy wv appointment until "a judge is elected
and qualified. But ii the uneNpired term be
less than two years the Governor shall rill such
vacancy by appointment for the uncNpired
term,
:. The officers OF the supreme court oiappca!s.
except the reporter, shall be app"n'ci by thc
court, or Ill vacation D! 'he !,iuscS ihcieoi WIN
power OF removal; ,aS', u ~, anu
uo'' slail " IN ~, =, I; t ,or,,e NJ tho Gil
y. lheie shaii oe a. easo ~, w. ,"nan .,oh
,S 49, ~ my no nrascrihad nv law
uihes anu p'"'oe "S Ni"! :.
CIRCUIT COURTS.
10 The State shall be divided into thirteen
c;rcnits For the circuit hereinafter called the
first two Judges shall be elected, and for each Of
The other circuits one Judge shall be elected by
The voters thereof Each of the judges so elected
shall hold his office for the term Of eight years
nnless sooner removed in the manner prescribed
i'm this constitution, The Judges Of the circuit
courts in office when this article takes effect
shall remain therein until the expiration of the
term for which they have been elected in the
circuits in which they may respectively reside,
unless soon removed as aforesaid. vacancy IN
the office OF judge OF the circuit court shalI
be nlled III tne same nalheI " ~ ~ pio'iucu ioi
OF the supreme cnnt, Oh aPpeais, p i,r,, M
cohtinuance III niiCe taiv !u,sv q, 4; 49,
shali resiue III the ci,cut VI WIFI nc - yuusS
The business OF the lirsr G,ISui h may DC aPpC ch
judges may hoiu courts III tne Nhlg eou ~, vi u,
different counties WITHIN tne circuIt ~ tne snilS
tune or III "i"c'e''' ''i"e'' ~ '""' o'
by law
II. circuit court snail De neIu III every
county in the state at least three times IN each
year, and provisions may DE maue oy Jaw ioF
holding special rms OF salu court "A Iuuge vi
any circuit may hoId the courts III alolhef CIT
cult
- The circuit court shall have the supervi-
sion and control of ali proceedings before JUS
tices and other inferior tribunals, by mGnd1muS,
nrohrhition and cerfiOrdri. They shall except in
nnssos con nod exclusively nv this constitution
no Snma other tribnnal. have original and gen
orsI inriSdiction of all matters at law where the
sma;,nt i'm controversy exclusive of interest ex-
creJS ffty dollars; OF all cases OF hdbcds corpus
mGmiImtis, gao rdrdnto. and prohibition; and
az They Shall have appellate jurisdiC-
lion in all eases, civil and criminal. where an
snneaI writ OF error or superscdeds may be allow
81 IN the judgment or proceedings OF any inferi
or tribunal. They shalt also have such other
jurisdiction, wne.net suietnM"!' o, nsa.rribad
h. law "
~ r,,iI otherwise provided by law, the
to. uui otmv;HaT - ~ fNi,o,yips c;rcpitS.
S T ',r,;"s ~ Rroote HancosI Ohio and
Inc comhl,es on DT'. IN" Ms, c n The
hais,iaii sis, 1om,,ai;s MARION and Harrison
cpunuespi ~, u,;a 81 1,s,on Ia ior Rsr
the secoilli t,Ie No1nt rG,inS ,bo ,biyI. The
p"ur, IuCsc ~ ~" Twicr pi,chic anJ Dol
cpuht's o' w.. H. csn,n,ieS nj Wood Wirt.
u.id-v; .ne No tii,b The counties OF Clay
ANU IIe' 1rs,n posna and taIbomn The sixth:
Eiinien, ,aSs ", ip,t~am Tanswbs and Mason.
, ,he cou tan,b ~ The Counties OF Csbel. Wayne
w., ,;v,,n a"d oysn the eight: the counties OF
M nL.iDou n'' Wcrcer Raleigh, Wyoming and
49, ,hn ninth. the counties OF Greenbrier
T,,rI, w SWIMMERS Fayette and Pocahontas, the
;..h ,i cnnnties NJ iInshur Lewis Braxton,
S; Mn and Webster the eleventh: the cOun-
~ az ,;-anr, Hardy Hampshire. Mineral and
rvl'',ue Su u,e e,s arS Nor,sn the thirteenth,
'' ~ Tha legislatures NAV rearrange the circuits
be,cin nrovidei Tor nj any session thereof next
,sacnJrg ANY General election of the Judges OF
-.