Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1880-10-09
ARTICLE VIII

article eight 90 said constitution rs ~ now
Is be stricken out, and The following be H.
serted IN lieu thereof;
ARTICLE VIII
JUDICIAL DEPARTMENT.
1. The iudi,isl power Of the State shall
De Vested in a supreme court Of appeals, m
circuit courts, and the Judges thereof, no.
such inferior tribunals as are herein au-
thorized, and in justices Of the peace.
sCPRaNE COURT og APPEALs.
>. The supreme court Of appeals shah
consist T four judges, any three OF whom
shall be a quor~m ioc the transaction OF
business. They shall be elected by the
voters of the State. and hold their Office Ion
the term of twelve years, unless sooner re-
moved in the manncr prescribed 10y This
constitution. except that the judges an office
when this article takes effect shall remain
therein unit, the expiration n Oh. IT present
term OF office.
g. Il shall have original jurisdiction In
cases q hlbcas corpus, mandamus anJ
prohibition. IL shall have appellste juris-
t,ci;Cn in civil cases where The matter ia
controversy, exclusive Of costs, Is OF greater
value on amount than one hundred dollars;
I'm controversies concerning the ut.e or
boundaries of land. the probate Il wills,
the appointment capitalization Oh "a per
sonal rcpres ntativc, guardian, committee
or curator; or concerning mill, road,
way, ferry or landing; or the right oi O.
corporation OF county to levy tolls or taxes,
aud also Ia eases OF quo warralto, hahea.
corpus, manJamus, certiorari and prohi5.-
tiou. and In cases involving freedom or Tie
conslitutionaiiy Of Law. Il shall have
appellate jurisdiction in criminal eases
where there has been a conviction Tor Eel
ony or misleuCauor IN q circuit court, arG
whore q conviction has hscn had Ia any in-
fcrior c0u-t and been siirmed iu a circuit
court, and IN eases rel~,mg 90 tLe public
revenue, the right oi appeal shall belong 60
The State as well as the defendant, and Such
o,hsr appellate jurisdiction, in both ci,a
sind criminal eases, as may be presented
by law
4. 80 d,cis'ou rendered by the sUpr,u-
court Of appeals shall be considered as
binding authority upon any of the inferior
courts OF this state, cVcep, i'm The particu-
lar case decided. urlc such decision Is
concurrtd in by at least three judges o.
soidco
s. Wben q Judgment crjecree Is reversed
or Alarmed by tls supreme court oiaQpcais
every point fairly srisirg upon the record
Of The case shall Zee considered aud decided
sud the reasons therefor shall De corciscly
stated IN writing, and preserved with the
record cl The ease; and 1t shall be the dC,y
Of the cour- 90 prepare syllabus of tle
points acigdicaied in each ease coucuuci
in by three of The judges Thereof, which
shall be- preiXed to the published report OF
the case.
g. A writ n error, suVe,ssdeas or appeal
shall be allowed by tle supreme court oi
srpeals or judge thereof upon a pc,iti
assigning error iu Tie Judgment or pro-
ceedinss oi the inferior court, and then
only after said court or judge shall have
examined and considered lhe record cn.
assignment az errors, and is satisfied chat
there is error Ia the same, or that 10 pre-
SCENTS point proper fer the consideration
Of the supreme court cf appeals.
Z. ID irou any cause vacancy shalt
occur On the supreme court ci appeals, Tie
governor shall Issue q WIT o.. election Oh
tll such vacancy 80 the next general e.ec-
zion for the residue oi DE term; and I'm the
meantime DE shall lil u-h vacancy by
appointment until q judge Is elected and
qualified. Eu, If The unsNp.red term te
less than tro years ,ae governor shall E.l
such vacancy by appcju.men, ior the uaeN
pired term.
s.. The officers Of ,he supreme court o..
appeals except ,he reporter, shall be ape
pointed by the court, or, I'm vacation of the
judges thereof VITA power Of removal
their duties and compensation shall be- pre-
scri6ed by law.
9. There shall be at least two terms Of
the supreme court oiappesls held annuity,
az such times and places 0s may oe pre-
scribed by law.
CIRCUIT COURTS.
10. The State shall De- divided into tiir-
teen circuits. For the circuit aere.nai;er
called the ir-t two judge, shall bee elected,
and for each of the other circuits ONE ll go
shall De- elected by the voters thereof.
of the Judges SD elected shall hold h.s uuce
for the term of e'gh. years, Tess sooner
removed in the manner prescribed ln tbs
constitution The Judges Of The circuit
courts In Office VIXEN This article takes
effect shall remain therein unit. iLe cXpir
alton oi the term Cor which they have been
elected in the circuits iu Hhica they mty
respectively reside uu less sooner removed. a-
aforesaid. a vacancy in the O.lce oi
} DE Of the circuit court shall be allied n
the same manner as is provided Tor m amy
ease Of q vacancy in tEc o.iec ID judge o'
the supreme court Of appeals. During bis
continuance In office ,he judge 81 a clrcul
court shall reside in Che cirC1t OF which
he is Judge. The br-iue- ot The brt err
cult may De- arportorcd between the judges
thereof and such judges may ho.d court
In the same county or in different COUNTS
within tte circu.. 90 the same umc or 90
different times as may bee prescribed Dy
law
II. A circuit coultshail he held In every
county In ,he State 90 least three -ac- .A
each year, 9nd provision, may De mace .i
law for holding special terms ol said court
A Judge oi any circuit may hold tae count -
IN another circuit.
-. The circuit ccur, shall have the sue
Qervision ard control &C al proceedings
before justices and other Inferior tribunals
y mai damus, prohibition and ceruor1fi
They shall. except in eases confined eXril-
sively hy tli- constitution to some other
tribunal, have original AMI general Iur-
dic,iou of an matters 90 law where tac
amount in controversy, exclusive q inter-
cst, exceeds atty dollars; Cl all cases OBJ
habeas corpus, m3rd1mus, cu1 waron,o
and prohibition and all cases in equity,
ard Of an crimes and mi-ieucanors. They
shall have appellate iug>jic,ion I'm 90
eases. civil and criminal. where IN appeal
writ of error or ,rr-rsClecs may hc allowed
% the Judgment on proceedings az any lr-
ierioc tribunal They shall also have such
other iIri dic,ioR, whether supervisory,
original appellate, OF concurrent, as Is or
nav be prescribed by Jaw.
Is. Until otherwise provided by law, the
State shall De divided into the following
circn.l.. THO ou-r-L.- d Lr--kc. HIM