Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-09-25

Resolred Jg tie Legislature Of Wet vIrgiaI1 t.so-
rs Of az the mefa5ers eected to sach HoIlse agreeing
thereto That the following be and the same IL here
by pIop0ssd amendment tOfhe Constitution Of
this State, to-wit That cle eight Of sad consti-
tuition ~ It Is be stricken out and the follow
| ing be inserted In lieu thereof
ARTICLE VIII.
JUDICIAL DgFAErNKsr.
!. The judicial power Of the state shall be vested
supreme Court d Appeals IN Circuit Courts,
and the judges thereof IN such inferior tribunals
are herein authorized and in justices fthe Peace
SUPREME COURT or APPEALS.
2. The Supreme Court Of Appeals shall consist OF
| four judges, any three Of whom shall he quorum
for the transaction Of business They shall be elected
by the voters Of the state, and hold their Office for
the term Of elye years, unless sooner removed in
the prescribed by this Constitution except
that the Judges ia Office wheH this article taxi effect
Ghal remain therein until the expiration Of their
present term Of Office.
g. 1t shall have original Jurisdiction IN cases Of
habeas corpus, mGudoGts and prohibition Il shall
have appellate jurisdiction in civil where the
matter In controversy exclusive OF costs Of greater
value or amount than one hundred dollars; In con-
royersies concerning the title boundaries Of land
the probate OF wills the appointments or qualification
OF personal redresentatiye guardian, committee
curator; or concerning mill, road, way, ferry or
landtng or the right Of corporation county to
levy tolls or taxes, and also in Of quo tUarrdnto
hdbeds corpu Htdddnins, certofart and prohibition,
and in involving freedom the constitution
ality of law. II shall have appellate Jurisdiction
IN criminal cases whore there Ees been a conviction
| for felony or msdemeanor in a Circuit Court and
where conviction has been had in any inferior
court and been ALI rned in Circuit Court and in
cases relating to the public revenue, the right Of
appeal shall belong 10 the State as well as to the de-
tendant, and such other appellate jurisdiction, in
both civil and criminal cases. may be prescribed
by law
4. No decision rend cred by the Supreme Court of
Appeals shall be considered binding authority up
on any othe inferior courts Of this State, except in
the particular decided, unless such decision is
concurred IN by at least three judges of said court
o. When judgment or decree is reversed or at
hrmed by the Supreme Court Of Appeals, every point
fairly aris ng upon the record Of the shall be
shall be concisely stated in writing and preserved
with the record Of the and shall be the duty
Of the court toprepare syllabus of the points adu
dicated In each concurred in by three OF the
Judges thereof, which shall be prefxed TO the pub
l5hed report Of the case.
g. writ OF error siperseders appeal shall be
allowed only by the Supreme Court OF Appeals
Judge thereof upon petition assigning error in the
judgment or proceedings of the inferior court and
then only after SAID court or judge shall have
amned and considered the record and assignment
Of errors, and is satisfied that there is error in the
same, or that II presents point proper for the con-
slderatlon OF the Supreme Court of Appeals
7. 1t from any cause a vacancy shall occur in the
Supreme Court of Appeals, the Governor shall issue
writ OF election to I'LL such vacancy at the next
general election for the residue of the term; and in
the meantime he shall fill such vacancy by appoint
ment until judge is elected and qualified. But if
the unexplred term be less than two years the Gov
unexpired term.
8. The officers Of the Supreme Court of Appeals
except the reporter shall he appointed by the court
or, in vacation by the judges thereof with power OF
REMOVAL their duties and compensation shall be pre-
sc9ibed by law
Q. There shall be at least two terms OF the Supreme
Court Of Appeals held annually, Mt such times and
places as may be prescribed 10y law.
CIRCUIT COURT
TO- The State shall be divided into thirteen cir
cults For the circuit hereinafter called the first,
two Judges shall he elected and for each of the other
circuits judge shall be elected by the voters
thereof Each Of the judges elece shall hold his
office for the term OF eight years. unless
moved in the manner prescribed In this Constitution
The Judges Of the circuit courts in office when this
article taxes effect shall remain therein until the
expiration of the term for which they have been
elected in the circuits in which they respectively
side, unless soon removed as aforesaid. vacancy
in the Office of Judge Of the Circuit Court shall be
filled in the same manner as il provided for in any
case Of vacancy IN the Office OF Judge of the SUI
preme Court OF Appeals During his continuance in
office the judge OF circuit court shall reside in the
circuit of which he ls Judge. The business Of the
first circuit may be apportoned between the judges
there Of, and such Judges may hold courts ia the
same county or in different counties within the cir
cult at the same time or at different times, may be
prescribed by law.
II. A circuit court shall be held in every county
in the State at least three times in each year. and
provisions may be made by law for holding special
terms of said court Judge of any court may hold
the courts in another circuit.
IL. The circuit court shall have the supervision
and control of all proceedings before justices and
other inferior tribunals, by mdnddBuS prohibition
and certordri. They shall, except in cases confined
Exclusively by this constitution to some other ribu-
nal, have original and general jurisdiction OF all
matters at law where the amount in controversy eX-
elusive Of interest, exceeds fifty dollars of all cases
of hdbeas corpus, naHdamus. quo pdrdnto. and prohi
bition and all in equity and of all crimes and
misdemeanors. They shall have appellate jurisdc-
ton in all cases, civil and criminal, where appeal
writ of error or slpersedeas may be allowed to the
| Judgment or proceedings Of any inferior tribunal
They shall also have such other jurisdiction whether
Supervisory, original appellate or concurrent. is
| may be prescribed by law.
| 49, Until otherwise provided by law, the State
| shall be divided into the following circuits: The
| counties of Brooke, Hancock, Ohio and Marshall
shall constitute the hrst circuits the counties of Mo-
| nongalia, Marion and Harrison, the second; the
| cosnties Of Preston, Taylor Barbour, Tucker and
Randolph, the THIRD; the counties of wetzeT, Tyler,
| Richie and DoddTdge the fourth the counties of
Wood, Writ. and Pleasant the itth the counties Of
| Clay, Glmer Jackson Roane and Calhoun the sixth;
| the counties of Putnam, Kadawha and Mason, the
seventh; the counties Of Cabel, Wayne, Lincoln and
Logan, the eighth; the counties of Mcdowell Mercer,
Raleigh. Wyoming and Boone. the NINTH the coun-
! ties Of Greenbrier, Monroe, Summers, Fayette and
| Pocahontas, the tenth; the counties of upshur
Lewis BraXton. Nicholas and Webster. the eleventh;
the counties of Grant Hardy, Hampshire, Minearl
and Pendleton the twelfth; the counties of Jefer-
| son, Berkeley and Morgan. the thrteanth
| H. The legislature may rearrange the circuits
herein provided for ut any session thereof pre-
ceding any general election of the judges Of said
circuits. and after the year thousand eight hum
bred and eighty-eight may al any such session. in
| crease or diminish the number thereof
| Is The legislature shall provide by law for hold
ing regular and special terms of the circuit courts,
where from any cause the Judge shall fail 10 attend,
| or, If In attendance, cannot properly preside.
| GENERAL PROVISIONS.
| All judges shall be commissioned by the Governor.
| The salary OF Judge Of the Supreme Court Of Ap-
peals shall be two thousand two hundred dollars per
| annum, and that Of Judge Of the Circuit Court
shall be one thousand eight hundred dollars per an
| mum; and each shall receive the same mileage as
| members Of the legislature PlOrided. That Ohio
county may pay an additional sum per annum TO the
judges OF the Circuit Court thereof but such allow
| ances shall not be increased or diminished during
tho term OF Office of the judges TO whom it may
! been made. No judge during his term Of office shall
practice the profession OF law hold any other Office
appointment or public uust, under this any other
government and the acceptance thereofshall yacate
his judicial Office. Nor shall he during ms continue
| ance therein be eligible TO any political Office.
| IL. Judges may DO removed fro office 10y a con-
current vote OF both houses OF the legislature when
from age, disease, mental or bodily infrmity OF in
| temperance, they are incapable Of dscharginc the
| duties OF his office. But tw0-thrds of all the mem
beers elected to each house must concur in such vote
and the cause of removal shall be entered upon the
| journal of each house The judge against whom the
| legislature may be about TO proceed shalt receive
| notice thereof, accompanied with the cause alleged
for his removal at least twenty days before the day
| on which acton is proposed TO be taken therein.