South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1880-06-25
The Constitutional Amendment

Rcaoserd BY tic LeyiIofsa-e Of Hest ITr.
2insa, t'eo-iiircss Of az me Daem5ers elect
Ell to each Rouse eyieefaJ tser,to; That
the following tc and the same is hereby
proposed rs an amendment TO the Con-
stitution OF this State. TO wit: That ar.
tic'e eight OF said Constitution rs it now
IS be stricken out, and the following be
inserted In lieu thereof:
ARTICLE VIII.
JUDICIAL DEPARTMENT.
1. 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 tribunals as are
herein authorized, and in justices OF tho
peace.
SUPREME COURT OF APPEALs.
2. The supreme court of appeals shall
consist OF four judges, any three or
whom shall be quorum for the transac-
lion OF business. They shall be elected
BY the voters OF the State, and hold their
Office for the term of twelve years, un-
less sooner removed in the manner pre-
scribed by this constitution, except that
the judges in Office when this art icle
takes effect shall remain therein until
the expiration OF their present term Of
Office.
8. 1t shall have original jurisdiction
in cases OF hebeos corpus. na,uiomus and
prohibition. 1t shall have appellate in
risdiction in civil cases who're the matter
in controversy, exclusive of costa, is of
greater value or amount than one hun
drcd dollars in controversies concern
ing the title 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. aud al :
so in cases OF quo ,rorruato, hdLcus cor
pas, nidnit,mas, ccrtiordri and prohibi-
ton, and in cases involving freedom or
the eonstitutionality or law. IL shall
have appellate jurisdiction in criminal
cases where there has been conviction
for felony or misdemeanor in circuit
court, and where Il conviction has been
had in any inferior court and been at
armed in circuit court, and in cases
relating TO the public revenue. the right
OF appeal shall belong tn the State as
we'll IA the defendant, and snch other
appellate Jurisdiction. in both civil
and crimiaal cases, as may be prcscrb-
ci Ivy law.
1. No decision rendered. by the SUI
prc,nc court Of appeals shall be consid-
cred as binding authority upon any OF
Inc inferior courts OF This State, except
IN the particular case decided, unless
such decision is concurrod in by at least
.hree judges OF said court.
8. When judgment or decree is revers-
ID or affirmed Ivy the supreme court OF
appeals, every point fairly arising upon
he record OF he case shall be consid-
cred and decided : AMI the reasons there
,f shall he concisely stated in writing,
e preserved with tho record Of the case
md it shall I've the duty Of the court to
prepare syllabus oe the points adju- |
iicated in each case concurred in by |
hree Of the judges thereof. which shall |
De prefixcd to the published report or
lie case.
6. A writ of error, snpersedeas or APP !
zeal shall be allowed only by the su-
'remc court Of appeals or Judge there
#, upon petition assigning orror in
he Judgment or proceedings Of tic in
erior court. ard then only after said |
curt or Judge shall have exam med and !
considered the record and assignment
# errors, and is satisfied that ,herc is
'oint proper for the consideration OF the
upreme court OF appeals.
z. II from any cause vacancy shall !
ccur in the supreme court of appeals,
lie Governor shall Issue a writ of cleo
ion to fill such vacancy at the next
General election for the residue of the
erm; and in the meantime he shall fill
UGH vacancy by appointment until
Judge is elected and qualified. But IL
he unexpired term be less than two
ears the Governor shall Gil such yacan
y by appointmeut for the unexpircd !
ERIN.
8. The officers or the supreme court |
f appeals, except the reporter, shall be |
appointed by the court or, in vacation |
" the judges thereof, with power OF re-
noval their duties anil compensation |
hall he prescribed by law.
Q. There shall be at laast two terms |
# the supreme court Of Appeals held |
at suclI times and places as |
nay be prescribed 10y law.
CIRCUIT COURTS.
10. The State shall he divided into !
thirteen circuits. For the circuit hero-
naf er called the first, two judges shall |
,e elected, and for each OF the other cir
,uits one judge shall he elected by the
voters thereof. Each Of the judges so
,lecte shall hold his Office for the torn
,f eight wears, unless sooner removed
n the manner prescribed in this consti.
luton. The judges OF the circuit COURTS
N Office when this article takes effect
shall remain therein until The expira-
ion OF the term for which they have
been elected in tho circuits in which
hey may respectively reside. unless
soon removed "a aforesaid. A vacancy
in the Office OF n Judge OF the circuit
court shall nc fllled in the same manner
rs IL provided for in any case OF va
cancy in the oiIlco Of n julge Of the su-
preme court Of appeals. During his
in Office the jhlge Of cir
cult court shall reside in the circuit Of
which ho is Judge. The business OF the
fret circait may I've apportioned between
the judges thereof, and such judges may
hold courts in the same county or in
different counties within tho circuit of