The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1880-04-24

1 duAt lut oallC 10 hNiSbN PAoiiV0NN 90
an amendment to the Constitution of
this State, to-wit That artitle
eight of said Constitution as it now
is be stricken out, and the following
be inserted in lieu thereof
ARTICLE VIII.
JUDICIAL DEPARTMENT.
/. The judicial power of the State
shall be vested in a supreme court of
appeals, in circuit courts, and the
Judges thereof, in such inferior tribu-
nails as are herein authorized, and in
justices of the peace.
SUPREME COURT OF ArrEALs.
2. The supreme court of appeals
shall consist of four Judges, ANY three
Of whom shall be a quorum for the
transaction of business. They shall
be elected by the voters of the State,
and hold their office for the term of
twelve years, unless sooner removed
in the manner prescribed by this Con
stitution, except that the judges in
office when this article takes effect
shall remain therein until the eX-
piration of their present term of
office.
3. 1t shall have original jurisdic
ton in cases of habeas corpus, man
damus and prohibition. 1t shall
have appellate jurisdiction in civil
cases where the matter in controver-
sy, exclusive of costs, is Of greater
value or amount than one hundred
dollars; in controversies concerning
the title or boundaries of land, the
probate Of wills, the appointment or
qualification of a personal represent
atiye, guardian, committee or cura-
tor; or concerning mill, road, way,
ferry or landing; or the right of
corporation or county to levy tolls or
taxes, and also in cases of quo war
ranto, habeas corpus, mandamus,
certiorari and prohibition, and in
cases involving freedom or constitu-
tionality Of law. 1t shall have APP
pellate jurisdiction in criminal cases
where there has been conviction
for felony or misdemcanor in cir
cult court, and where conviction
has been had in any interior court
and been affirmed in circuit court,
and in cases relating to the public
revenue, the right of appeal shall be
long to the State as well as the de
PENDANT, and such other appellate jul
risdicton, in both civil and criminal
cases, as may be prescribed by the
law.
4. No decision rendered by the SUI
premc court of appeals shall be con
sidered as binding authority upon
any of the inferior courts Of this
State, except in the particular case
decided, unless such decision is con
CURED in by at least three judges Of
said court.
5. When a judgment or decree is
reversed or affirmed by the supreme
court Of appeals, every point fairly
arising upon the record of the case
shall be considered and decided; and
the reasons therefor shall be concise
" stated in writing, and preserved
with the record Of the case; and it
shall be the duty of the court to pre-
pare q syllabus of the points adtu-
dictated in each case concurred in by
the three judges thereof, which shall
be prefxed to the published report
of the case.
6. A writ of error, supersedeas or
appeal shall be allowed only by the
supreme court of appeals or judge
thereof, upon a petition assigning
error in the Judgment or proceedings
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 sat
isiied that there is error in the same,
or that it presents point proper for
the consideration of the supreme
court Of appeals.
T. If from any cause vacancy
shall occur in the supreme court OF
appeals. the Governor shall issue a
writ of election to fill such vacancy
at the next general election for the
residue of the term; and in the mean
time he shall fill such vacancy by APP
pointment until judge is elected
and qualified. But if the unexpired
term be less than two years the Gov
ernor shall fill such vacancy by
an appointment for the unexpired
term.
s. The officers of the supreme
court of appeals, except the reporter,
shall be appointed by the court, or,
in vacation, by the judges thereof,
, with the power Of removal; their du-
ties and compensation shall be pre-
scribed by law.
9. There shall be at least two terms
of the supreme court of appeals held
annually. at such times and places
as may be prescribed by law.
CIRCUIT COURTS.
10. The State shall be divided in
} to 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 cleo
ted. by the voters thereof. Each OF
: the Judges so elected shall hold his
: office for the term of eight years, un-
less sooner removed in the manner