Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-10-02

HeTeto That the following be and the same u here
this State, towt: That article eight or .sid Cons-
tuition a. il now il be stricken out and the follow
| ing lie inserted ia lieu thereof:
ARTICLE VIII.
JUDICIAL pHPAETEEEr
J. The judicial power OF the State shall be vested
| ma supreme Court Of Appeals. in Circuit Courts,
and the Judges thereof in such inferior tribunals ~
are herein authorized, and In Justices Of the Peace.
SUPREME COURT OF APPEALS
2. The Supreme Court Of Appeals shall consist OF
| four judges amy three Of whom shall bs quorum
for the transaction business They shall be elected
by the voters Of the State, aud hold their office for
| the term oftuelre years. unless sooner removed in
| the manner prescribed by this Constitution, except
that the Judges In office when this article takes effect
Lball remain therein until the expiration Of their
| present term OF Office.
3, 1t shall have original jurisdiction in cases Of
! hdbeas coyus, 1rondqmus and prohibition II shall
have appellate jurisdiction in civil cases where the
matter in controversy exclusive Of costs of greater
value or amount than one hundred dollars In con-
troversies concerning the title or boundaries OF land
the probate Of wills, the appointment qualification
Of personal REPRESENTATIVE, guardian, committee or
| curator; or concerning a MILL road, way, ferry or
| landing; or the right Of corporation county to
levy tolls or taxes, and also in Of quo trqGnto
hdbeas coTpus, radfdd1aus, eertiorari and prohibition
and in cases involving freedom or the Constitution
atty Of law. 1t shall have appellate jurisdiction
in criminal cases where there has been conviction
| for felony or misdemeanor in n Circuit Court, and
| Wbere q conviction has been had in any inferior
| court and been affirmed In Circuit Court, and in
cases relating to the public revenue, the right Of
appeal shall belong to the State well to the de-
PENDANT, and such other appellate Jurisdiction, in
both civil and criminal cases, as may be prescribed
| by law.
T. No decision rend cred by the Supreme Court of
Appeals shall be considered as binding authority up
any OF the inferior courts Of this State except In
the particular decided, unless such decision is
concurred by at least three judges Of said court
g. When judgment or decree is reversed or at
hrmed by the Supreme Court Of Appeals, every point
fairly arising upon the record Of the shall be
considered and decide f. and the reasons therefore
shall be concisely stated in writing, and preserved
with the record Of the case; and shall be the duty
of the court 20 prepare syllabus of the points adu
dicaed in each case concurred in by three OF the
judges thereof, which shall be prefxed to the pub
| lished report Of the case.
| 6. A writ Of error, supersedeas appeal shall be
allowed only by the Supreme Court OF Appeals or a
judge thereof upon petition assigning error in the
judgment proceedings of the interior court, and
then only after said court or judge shall have
amlned and considered the record and assignment
Of errors and satisfied that there is in the
same or that i presents point proper for the con-
sderation OF the Supreme Court Of Appeals.
T. II from any cause vacancy shall occur in the
Supreme Court of Appeals the Governor shall issue
a writ Of election to fill 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 PRED term be less than two years the Gov
ernor shall fill such vacancy by appointment for the
s. The officers Of the Supreme Court of Appeals,
except the reporter shall be appointed by the court
or, in vacation by the judges thereof with power of
removal their duties and compensation shall be pre-
| scrbed by law
g. There shall be at least terms OF the Supreme
Court of Appeals held annually, at such times and
places as may be prescribed by law.
CIRCUIT COURT.
TO- The State shall be divided into thirteen cir
cults. 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 80 electe 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
therein ~
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
filed in the same manner as is provided for in any
case Of vacancy the office of Judge of the SUI
preme Court of Appeals. During his continuance in
office the Judge of a circuit shall reside in tho
circuit Of which he IS Judge. The business OF the
first circuit may be apportOned between the judges
there of, and such judges may hold courts il the
same county or in different counties within the cir
cult at the time at different times may be
II. circuit court shall be held in every county
in 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 mdndamUs, prohibition
and certiorar They shall except in cases confined
Exclusively by this constitution to some other triou
nal, have original and general jurisdiction OF all
matters at law whore the amount in controversy ex
elusive Of interest, exceeds fifty dollars; Of all cases
OF habeds corpus mdnddmus quo todrrdnto, and prOh
bion; and all cases in equity, and of all crimes and
| msdemeanOrs. They shall have appellate jurisdic-
ton in all cases. civil and criminal where an appeal
writ OF error or supersededs may be allowed to the
judgment or proceedingso of any inferior tribunal.
They shall also have such other jurisdiction, whether
supervisory original appellate or concurrent as is or
| may be prescribed by law.
| Is. Untu 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 circuit; the counties of Mo-
| nongalia, Marion and Harrison, the second; the
| cosntes Of Preston, Taylor, Barbour, Tucker and
| Randolph, the THIRD; the counties of WetZe Tyler,
Richie and Doddridge, the fourth; the counties OF
Wood Wirt and Pleasant, the fifth; the counties OF
Clay, G'lmer Jackson. Roane and Calhoun the sixth;
| the counties of Putnam, Kadawha and Mason, the
seventh; the counties of Cabell, 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, Nnearl
| and Pendeton, ths twelfth the counties of Jefrer-
| son. Berkeley and Morgan, tho tbirteanth.
| H. The legislature may rearran2e the circuits
herein provided for at any session thereof pre-
ceding any general election Of tho judges of said
circuits, and alter the year one thousand eight hun
dred and Lightweight may at any such session, in
| crease 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 to 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 APP
peals shall be two thousand two hundred dollars per
annum, and that Of Judge Of the Circuit Court
shah be thousand eight hundred dollars per
! mum; and each shall receive the mileage as
members Of the legislature. Proridef. 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
the Of Office Of the judges to whom it may nave
been made No judge during his term Of office shall
practice the profession flaw hold any other office
appointment or public trust, under this any other
government and the acceptance thereofshall vacate
his judicial office. Nor shall he during his contnu-
ance therein be eligible to any political office.
| II. Judges may be removed tron office by o con
current OF both houses of the legislature when
from age, disease, mental bodily inhrmity or in
temperance, they are incapable OF discharging the
duties of his office. But two-thirds of all the mem
bers elected to each house must concur in such
and the of removal shall be entered upon the
| journal Of each house The Judge against whom the
| legislature may be about 10 proceed shalt receive
notice thereof. accompanied with the cause alleged
for his removal, al least twenty days before the day
| on which action is proposed to be taken therein.
Is. The voters of each County shan elect clerk
Of --a ..---lL D-uLL ~ l.. L-LLl on --.-. --- NJ.