The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1880-09-15
ARTICLE VIII.


ANAAG@NAN - -
JUDICIAL DEPARTMENT.
/. The judicial power Of the State shall
be vested in q supreme court Of appeals, in
circuitconrts, and the judges thereof, in
ouch inferior tribunals Us nre herein au-
thorized land insustices OF the peace. !,
W. splmaig COURT or ApPENs1
2. The supreme court Of appeals shall
consist Of four Judges, any three Of whom
shall be quorum for the transaction Of
business! fheyshall be elected blythe
voters the State, and hold theiroilice for
the teffh ofiwelye years, unless sooner re-
moved in the manner prescribed by this
CONSTITUTION, except that the judges in Of
flee whenthis article takes effect shall re-
main therein until the expiration,of their.
present term Of Office. fi 'ii
s. 1t shall have original jurisdiction in
eaSpSof hGJeas corpus, mnnddmtts and pro-
hibition. ltshall have appellate jurisdic-
dictio1i III. ciyilcases where the matter III,
controversy. eSclisivebf costs, isof greater
yalue,or amopntthan one. hundred dollars;
inlcontfoYersies concerning the title or
boundariesnf land, the probate Of wills,
the impeachment or qualiheation,of n per.
sonal representative, guardian, committee
or curator; or concerning mill, road, way,
ferrylor landing; or the Bghtof 4 corpora.
tipnor county to levy tolls or taxes, and
also in cases OF g'to eqfTdntQ, ltdbeds CIR
plS, mdndomtis, ceriiDrdri and pr6liibi-
tiop, and in cases involving freedom or
the constitutiOnality ola law. IL shall
have appellate jurisdiction in criminal
cases where there has been a conviction
for felony or misdemcanor iil, circuit
court, and where a conviction has been
had many inferior courts and been affirmed
in circuit court, and in cases relating to
the public revenue, the right OF appeal
shall belong to the State as well as the de-
fendant, and such other appellate jurisdic-
ton, i'll both civil and criminal cases, Gs
may represented by law. 90
4. No decision rendered by the supreme
court OF appeals shall be considered as
bindingauthority upon any OF the inferior
courts OF this State, except in the particu-
lar case decided, unless such decision is
concurred in by at least three. judges OF
said court. KS
5. When n Judgment or decree is re-
rerse1 or allirmedby the supreme court of
appeals, every point fairly arising upon
the record oil The case shall be considered
and decided; and the reasons therefor
shall be concisely stated in writing and
preserved with the record OF the case; and
it shall be thednty Of the court TO prepare
q syllabus OF the points adjudicated in
each case concurred in by three OF the
judges thereof which shall be pretixed to
the published report OF the case. pc
u. Awrit of error, Supersededs or appeal
shall be allowed only by the supreme court
Of appeals Or a Judge thereof, upon a petit
ton assigning error in the Judgment or
or proceedings 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
that there is error III the same, or that it
presents u point proper for the considera-
ton OF the supreme court Of appeals.
N. Ii from any cause q vacancy shall oC-
cur in the supreme court OF appeals, the
Governor shall Issue writ OF election to
ill such vacancy at the next general cleo
ton tor'the residue ofthe. term; and in the
meantime he shall fill such vacancy by
appointment until q Judge is elected and
qualified. But il the unexpired term be
less than two years the Governor shall fill
such vacancy by appointment for the un'
expired term.
s. The officers Of the supreme court of
appeals. except the reporter, shall be APP
pointetlhy the court, Or, i'm racationbythe
judges stllereof, with power Of removal;
their duties and compensation shall be
prescribed by law. % ? 'e'
o. There shall be at least two terms OF
the supreme court OF appeals held annu-
ally, at such times and places as my be
prescribed BY law.
aH CIRCUIT COURTS
TO- Tie State shall be divided into thir-
teen circuits. For the circuit hereinafter
called the first, two judges shall be elected
and for each OF the other circuits one j,Nlge
shallbe elected by the voters thereof
Each Of tie judges so 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
circuit courts in Office when this article
takes effect shall remain therein until the
expiration ofthe term for which they have
been eleCtedin the circuits in which they
may respectively reside, unless sooner re-
moved as aforesaid. a vacancy in the Of
flee Of u Judge OF the circuit court shall be
filled i'll the same manner as is provided
for in any case OF vacancy in the office OF
q judge. OF the supreme court of appeals
During his continuance in office the Judge
Of circuit court shall reside in the circuit
Of which lie is judge. The business of the
first circuit may be apportioncd between
the judges thereof, and such Judges may
hold courts in the same county or in dill
ferent counties within the circuit at the
same time orat different times, us may be
prescribed by law.
IL. A circuitcourt shall be held in every
county in the State ut least three times in
each year, and provisions may be made by
law for holding special terms Of said court.
A judge OF any circuit may hold the courts
in another circuit. ,rg-,- .
u. The circuit court shall have the SUI
peryision and controlof all proceedings
before justices and other inferior tribn.
mails, by maaadEuts, prohibition and rer-
HOUri. They shall except in cases con-
fined exclusively by this constitution to
some other tribunal, have original and
general jurisdiction OF all matters at law
where the amount in controversy excu.
sive OF interest, exceeds fifty dollars; OF all
cases OF haJeaS corpus, MdnddmNS, q,to qrp,,.
rant0, and prohibition; and ali cases in
equity, and Of all crimes and misdemean-
urs. They shall have nppellate iurisdic.