West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1880-07-10
III -
Constitutional Amendments

|
| amendment tho Constitution OF tho State.
ReSotVed Jy he Logisiat,Tc AZ Nest
! pugDu0, hOO UiTdS ~ at tie members
elected Ia each House og1ecing thereto
That the following be and tho same is
| hereby proposed as am aiucdment To tho
| Constitution OF this State 20 wit That
article eight OF said Constitution rs IT
| now is be stricken out, and the follows
ing be inserted in Lieu Thereof.
ARTICLE VIII.
JUDICIAL DEPARTMENT.
]. Tho judicial power of the State shall
| DO vested in a supreme court OF appeals,
in circult courts, and the Judges Thereof,
in such inferior tribunals ~ herein au-
thoriaod, and Justice Of the peace.
SUPREME COURT OF APPEALS,
2. The 81 premo court of appeals shall
| consist Of four Judges, any three of whom
| shall DO quorum for the transaction Of
| business. They shall be elected by tho
| voters of tho State, and hold their Office
! for tho term OF twelve years, unless
sooner removed in tho manner pro-
| SCribnd by this Constitution. except that
| tho Judges I'm Office " hen this article
takes object shall remain therein until
| tho expiration of their present torn OF
Office.
3, 1t shall havo original jurisdiction IN
| All c1Sos OF hdbedS corpus. mu1l,idmitS and
| prohibition. II shall have appellate
! jurisdiction i'm civil cases whore the mat
| ter IN controversy, exclusive of cost, il
| OF crater value or amoaut than one hum
| dred dollars; in controversies concern
| ing tho title or boundaries Of land the
! probate OF wills, the appointment or
! qualification of personal representa-
| i've, guardian, committee or curator; or
concerning mill, road, way, ferry or
| landing or tho right OF corporation or
! county To levy tolls OF. taxes, and also in
| cases OtqitO iCdiJd1tO, hdJcus corpus, man
! duH1lS, ceJtiOIdIi and prohibition, and i'm
! cases involving freedom or the constitu-
! uonaity of u law. 1t shall have appel
! late jurisdiction in criminal cases w here
| tn re has been a conviction tor felony or
! misdemeanOr in circuit court, and
! where a conviction has been had in any
| inferior court aud been affirmed in a ciT>
| cult court, and in cases relating To the
! pubic revenue, the right of appeal shall
| belong 90 the State rs well rs !he defend
ant, and such other appellate jursdic-
| ton. in both civil and criminal cases, as
! may he prescribed 10y law.
| 1. No decision rendered by the su
| pI elne court of appeals shall be cOnsid-
erei as binding authority up III any Of
! tho interior courts of this State, except
| IN tho particular case decided. unless
| such decision is concurred in by al least
| three judges OF gaid conrt.
| o. When judgment OF decree is re-
| Versed or affirmed by the supreme court
on the record OF the case shall be consid-
cred and decided aud tho reasons
| therefor shall he cOnciSely stated i'm wri~
| ting.aud preserved with the record OF the
| case and it shall he tho duty OF tho
| court to prepare a syllabus of the points
| adjudicated i'm each case Concurred in bv
| three of the Judges thereof, which shall
be prehxed TO the published report of the
| case.
8. n writ OF error, supe,ScdeaS or ap-
| peal shall nc allowed only 10y the SUI
| premo court of appeals on Judge thereof
| upon petition assigning error i'm the
| judgment or proceedings Of the inferior
court, and then only after said court or
! Judge shall have examined and cOnsid4
cred the record and assignment of errros,
and is satisfied that there is error i'm the
same, or that it presents point proper
for tho consideration Of the supreme
court of appeals.
II from any cause n vacancy shall
occur in tho supreme court of appeals,
the Governor shall issue writ OF cleo
ton 20 fill such vacancy at the next gen
oral election tor the residue of the term
aud i'm the meantime he shall ill such
vacancy by appointment for the unex-
pireu term
9. The officers Of the supreme court of
appeals, except the reporter, shall DO APP
pointed by the court, or, in vacation by
tho judges thereof, with power of re-
movu their duties and compensation
shall be prescribed by law.
g. There shall be at least two terms of
the supreme court OF appeals held annu-
ally, &C such times and places a5 may DO
prescribed by law,
CIRCUIT COURTS.
10, The State shall he divided into thir-
teen circuits. For tho circuit herein
after called the first, two judges shall
be elected, and for each OF the other cir
q &C.
voters thereof Each Of the Judges so
elected shall hold his office for the term
OF eight years, unless sooner removed i'm
the man nor prescribed i'm this cOnstitu-
ton, The Judges Of the circuit courts i'm
office when this article takes effect shall
remain therein until the EXPIRATION of the
torn for which they have been elected IN
the circuits IN which they may respective.
~ reside, unless soon removed "a afOrc-
said A vacancy i'm the Office ola Judge OF
the circuit court shall be filled i'm the Same
manner as is provided for in any case of
vacancy iu tho Office Of Judge of tho
supreme court OF appeals. During his
continuance I'm Office the Judge Of q cir
cut court shall reside in the circuit of
which nc is iu GO The business Of tho
hrst circuit nay be appOrtioned between
tho judges thereof and such indQes NAV
hold courts in tho same county or i'm
different counties within the circuit ut
the same slime or at diffont times. as may
Do pro cribcl by law.
IL. a circuit court shall be held in
cvcry county i'm tho state 40 least three
Times bon each yoar, and provisions may
Do Waic by law for holding special terms
OF said court. a Judge Of any circuit
may hold the courts boo another circuit |
u. The Circuit Court shall have the
supervision and control ofau proceedings
before Justices aul other inferior tribu-
uais, by U0nd1ml,. prohibition and ccr-
HDuy. They shall ozcopt iu cases cons
iued exclusively by tbjs constitution 90 |
some other tribunal, havo original and
general jurisdiction Of all matters nj law
whore thn amount iu controversy CxcIu-
-iFo OF interest eNcooJs fifty dollars; of |
hI cisos ni h'bcVg cOlVpe, m0u,i0u,its, /
I"D Wuyt0HfD and prohibition /
1uI 1'l cases ip equity. aud of adj [
crimes aud misdcWeauor. Tbtv /
lrli harD appellate jurisdiction iu T.
n' cases, owl. and criminal whore 900 .
appeal WIl Df error or WJCssC1cug may /
w. allowed .1 Ono Judgment ON proceed.
iug5 oi amy inferior tribunal. Tlcv shall /.
also iHva such other .Jioiou, whofn- I
HnprrFI JrV original appfI- /
late, pr concurrent. a, is or may ae me- I
seru.d by isw.
'a .HHl u'Hnrw I4c provided bv law
lHn state -Ha.l Doc divided into tho follow. .
i.E circuits The counties OF Br9ekc .
hanc'ch. Ohio and Marshall shall con /