The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-09-11
SUPREME COURT OF ArrEALS.

such inferior tribunals as are herein MI
thorized, and in justices of the PEACE.
SUPREME COURT OF 4rrEALs.
.. The supreme court Of appeals shall
consist Of four judges, any three Of whom
shall DO n quorum for the transaction d
business. They shall I've elected : by. the
voters Of the State, and hold their office for
the term OF twelve Yeas, qunless sooner re.
moved 10 the manner pregcrihetl By this
constitution, except that the Judges III Office
when this article takes effect shall remain
therein until theexpitati0n Of their present
term Of Office.
8. It shall have original Jurisdiction in
cRscs Of habeAs corpus, ,nandAnaus and
prohibition. 1tshall have appellate jUris-
dictiOn in civil cases where The uiaticr in
controversy, exclusive Of costs, Is Of greater
value or amount than one hEndrrd dollars;
In controversies concerning the tile or
boundaries Of land, the probate Of wills,
the appointment or qualification Of per-
sonal representative, guardian, cglnnit;se
or curator; or concerning mill, rOnd,
way, ferry or landing; or tie right Of d
corporation or county ~ leyy tolls or taxes,
and also in oases Of quo waFrunto, lINlEaa
corpus, mandnmus, certi0rasi and prOhibi-
lion, aud in cases involving freedom or the
consLtutionnlityof law. 1t shall have
appellate iirisdiciion in criminal cases
where there Inns hcctI conviction for tel.
onY or misdeneanor IN circuit court, and
where n conviction has been had in ans in
ferior cour; and been affirmed III circuit
court, and in cases relating 10 the public
revenue, the right Of appeal shall belong to
the State US well as the defendant, and such
other appellate jurisdiction, in both civil
and criminal cases, rs may be prescribed
by law.
4. No decision rendered by the supreme
court OF appeals shall be considered 81
binding authority upon any Of the inferior
courts Of this State, except in the particu.
lar case decided, unless such decision Is
concurred in by Il. least three judges Of
said court.
8. When a judgment or decree is reversed
or affirmed by thesuprcme court Of appeals,
every point fairly arising upon The record
Of tho case shall be considered and decided Z;
and the rcasons therefor shall be cOnciBely
stated in writing, and preserved With til
record Of the case; and Il shall be the duty
Of the court 10 prepare syllabus Of the
points adiulicaled in each case concurrcd
In by three Of the judges thereof, which
shall DO rretixed 10 The published rcpor, OF
the case.
Q. A writ Of error, supcrsedcas or appeal
shall be allowed by tic supreme court Of
appeals or Judge thereof, upon q pettirn
assigning error in the judgment or pro
eeedingS 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 Satisfied tha.
there is error in the same, or that il pre-.
sents a point proper for the consideration
OF ,hosuprcmc court 81 appeals.
Z7.4lt from any cause a vacancy shall
occur in the supreme court Of appeals, the
governor shall issue II writ Of election 70
ill such vacancy at the next general cleo.
ton for tic residue ofthe5term ;zand In the
meantime lie shall GIL Sneh vacancy by
appointment until y judge Is elected mud
qualified. Bit il the unexpired term be
less than two years the governor shall Ill!
such vacancy by appointment for the mex.
PRED term.
s. The officers Of The supreme court Of
appeals, except the reporter, shall DO ap.
pointed by the court, or, in vacation Of the
Judges thereof, with power of removal ;
their duties and compensation shall be pre-.
scribcd by law.
0. There shall be at leas! two terms Oi
the supreme court Ofappcals held annually,
At such times and places Ms may bc pre-.
scribCd by Law.
CIRCUIT COURTS. a.
10. The State shall be divided into tlir.
teen circuits. 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 70 elected shall hold his Office
for the term Of eight years, unless sooner
removed in the manner prescribed in this
constitution. The Judges Of the circui,
courts In Office when this article takes
effect shall remnir therein until the expir.
alton OF the term for which they have been
elected in the circuits In which they may
respectively eslIlc,unless sooner removed ms
Aforesaid. Il vacancy in the Office Of II
Judge OF the circuit court slInEl lie filled in
tho same manner as IL provided for In an,
case Of vacancy in the Office Of judge 0
the supreme court Of appeals. During hi
continuance in Office the judge Of a cir chi
court shall reside in the circuit Of which
he is judge. The business Of the first cir
cult may be arlortioncd between the judge
thereof, md such judges may hold court
in the snmc county or in different connliC
within the circuit at the same time or a
different times, as may he prescribed b!
law. ,....
II. 4 circuit court shall 10 held in ever
county In the State at least three times Il
each yenr, and provisions may be made BY
law for holding special terms Of said court
4 Judge Of any circuit mny bold the court
in another circuit.
IL. The circuit court shall lave the su
| pctvision and contrib Of I'LL proceeding
before justices and other inferior tribunals
BY maMdamuS, prohibition and certiOrari
They shall except In cases confined exclu
Hivciy by this constitution TO zone oihel
tribunal, have original and general iIriA
diction Of all matters Mt Law where tn
I