South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1880-07-16


Rs,o,sel by tie Legislature 81 sesi Fsr.
yil.i.i, t'so-tiir,is Of all he ,seo,bcrs elsct-
ed 20 oaci House agreeing thereto. That
the following &c and The same is hereby
proposed as an amendment to the Con-
stitltion OF this State. ID wit: That ar.
siclo eight of said Consultation rs it nov
IS be stricken oct, and The following be
inserted 10 lieu thereof:
ARTICLE VIII.
JUDICIAL DEPARTMENT.
]. Tie judicial power Of the STATE
shall be vested in n supreme ccur. OF
appeals. in circuit courts, and the judges
thereof, IN such inferior tribunals as are
herein authorized, and In Justices of the
peace.
SUPREME COURT OF APPEALS.
2. Tho supreme court or appeals shall
consist Of four judges, any three Of
whom shall ba quorum for the tgansac-
ton OF business. They shall be elected
by the voters % State, and hold their
Office for tho term OF twelve years. uu-
lsss sooner removed an Tie manner pre-
scribed by this constitution, except that
the judges ia Office when this article
takes effect shall remain therein until
tho expiration OF their present term OF
Office.
s. It shalt have original Jurisdiction
in eases oshC5ees corpsJ, fsaR,iomus snd
prohibition. Il shall have appellate jn.
sisdiction in civil cases where the msitor
in controversy, exclusive OF costs, is uf
greater value or amount than one hun
drcd dollars, in controversies concern
ing the titlo or boundaries OF land, the
probate o: wills, The appointment or
qualification OF a personal representa-
tive, guardian, Committee or curator Or
concerning mill, road, way. ferry or
landing; or the right OF corporation
or county TO levy tolls Or taxes, and al.
so in cases OF quo. n0ryUato, hnLeos cor
ptts. muntlaRus, certi0rari Spd prohibit
.ion, and in eases involving freedom or
the coustitutonality o. = law. Il shall,
have tappolis.o jurisdiction in criminal
cases ahere there has been = conviction
for felony or rG!.dsmeanOi in 2 circuit
court, apd where q Conviction l.S,5 been
had IN any inferior court snl been az
irned il circuit court, AMI IN cases
relating 10 lAe public revenue, the right
OF appeal GhsN belong Ia the State as
well IS the defeHds0l, snd saeiI other
appellate Jurisdiction. in both civil
and criminal cases, Us faay be preserh.
Oh nv law.
4. No decision rendered By the SIT
prcIne court OF appeals s4-ll DC ccnsid-
ered 90 binding authority upon ;.ay or
the inferior ccurts CT this State, except
in tho particular Gaze decided; unless
such decision is concurred in by ~ least
tbree judges OF said court.
3. When judgment or decree Is revors-
ed or affirmed ny the supreme court of
appeela, every point fairly arising upon
the record Of tho case shall DO consid-
cred and decided and toe reasons there.
OF shall be concisely stated in writing,
Il preserved with tho record OF the case :;
and IL shal! he The doty of the court to
prepare syllabus OF tie points adju-
dic1tci in eaeh case caGclrrod in By
three OF the ju.lgos tEc-ooC, which shslI
be pcelxsd 10 the published report CT
the case.
6. a wri, Of error sp4rsai<1s or APP
peal shall be allowed only hy the s'i-
prcmc court OF aPpeals or Judge there
OF, upon q petition assigning error IN
the judgment or proceedings OF tho in.
ferior court, and then only after said
court or judgelshall have examined and
considered tbe record and assignment
OF errors, snd is satisded that there is
error in the same, or That i: presents .
point proper for tho consideration or the
supreme court of appeals.
Z. II fro;n any cause vacancy shall
ocGar ~ tie supreme court OF appeals,
The Governor sts9 issue u writ OF eiec-
ton to 81! snna vacancy at the next
general election Ior the residue OF TIE
term; snd IN the meantime he shall ill
such pocHncy by appoin;ment uatil a
judge - elected aBl Gnalifei. bat il
tho uueXpirc' tern DO loas ihsn two
yoa..5 !ha Governor ehall Gll such vacan.
e. by appointment for the unoxpircd
term.
6. The officers OF the supreme court
Il appcaia, except tho reporter, shall 10
appointed by tic court. or, in vacation
by the Judges thereof. with power OF re-
movsi ikoir duties ana compensation
shall TO prescribed by law.
o. There shall DO at least two terms
Of the supreme court OF Appeals held
annually, ct such times and places as
may DO prescribed by law.
CIRCUIT COURTS.
10. Tho State shall DO divided into
thirteen circuits. For the circuit hero
matter called tho first, two Judges shall
be elected. and for each oEthe other cir
cults one judge shall 10 elected by the
voters thereof Each OF tho judges 80
elocte shall told his Office for tho term
81 eight years, unless sooner removed
IN tho r1snoor prescribed in tLis consti-
tuition. Tile judges ~ tho circuit courts
I in cdlce when this article takes effect
aaali remain thcrciu until tire cxpira-
tion % th9 term Tor which they have
been elected in tho circuits in which
hey may respectively reside, uulcss
/ soor removed qs aforesaid. A vacancy
70 tha Office OF q ig3gc Of the circuit
CONT sAai. ba a.ioa iU Che same nannc-
| 81 = provided for ia Guy C8s0 Of n Va