West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1880-09-11

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times. In each year and provisions may
bo made by law fOrholding special terms
Of said court. a judge of any circuit
may hold tho courts in another circuit.
IL. Tho Circuit Court shall have the
supervision and control ofall proceedings
before justices and other inferior tribu-
mails, by a0RddD},tS. prohibition and ceJ-~
dOrdTi. They shall except In cas- g con-
fined exc usiYely by this constitution to
sOmo other tribunal, have original and
general Jurisdiction of all matters at law
whore IA unOunt in cOntrOS crsy sxClu~
sivo of interest, exceeds fity dollars OF
all cases of hdbeGS corpus, mdnd1iaits,
qtlO tgUT0HtO, and prohibition /;
amt al! cases in equity, and oi ali
crimes and misdomeanors. They
shall have appellate jurisdiction in
all cases, civil and criminal, where an
appeal writ of error or SttpcISedc0S may
bc allowed To- the judgment or proceed
lugs OF any inferior tribunal. They shall
also have such other jurisdiction. wheth-
or supervisory, original, appCl~
late, pr concurrent, n j. OF may De PIE
scribcd by law.
IL. Until Otherwise provided by lrw,
the state shall be divided into the follow
ing circuits Tho counties OF Brooke.
Hancock, Ohio and Marshall shall CON
Mouong'lia, Marion and Harrison, the
second the counties of Preston, Tavior.
it 'Hr, iura. md Randolph, the
thirt; tha ..r.1 OF Wctlei. TYLER
EtcW" aud i.|..lso, the fourth the
counties of Wood, Writ AID Pleasant.
the fifth g counties OF Clay. Gilmer,
Jackson, ltoane and Calhoun tho s. Nth
tie counties of Putnam, Kauawha and
Mason, the seventh; the counties Ct Cab
ell, Wayne, Lincoln and Logan the
eighth; tho counties Of Mcdowell, Mcr>
Ger, Ralcigh, Wyoming aIid Boone, tho
ninth the counties of GIceubricr, Mons
roe, Summers, EayCtte and POcahontas
the tenth ; tho counties of Upshur.
Lewis, BraXton, Nicholas and Webster.
tho eleventh the counties of Grant, Uar-
dy, Hampshire, Mineral and Pondloton.
the twelfth tho counties of jefferson.
Berkeley and Morgan, the thirteenth.
IL. Tho legislature nay rcarrange the
circpits herein provided for at any scs-
sion thereof next preceding amy general
election o! tho judges of said circuits,
aud after the year one thousand eight
hundred and eighty eight, may at any
such session, increase or dimIuish the
number thereof,
10 The legislature shall provide by
law for holding regular and speciai terms
OF the circuit courts, whero from any
cause the judge shall fail to attend, or, If
In attendance, cannot properly preside.
GENERAL PROVISIONS.
1G. An judges shall be commissioned
by the Governor. Ire salary OF Judge
of the supreme court of appeals shall be
two thOuEanu two hundred dollars per
annum, and that OF Judge OF
the circuit court shall be one thou~
sand eight hundred dollars per an.
mum and each shall receive the
same mileage rs members of the Lcgis~
laturo. ProUidcd, That Ohio county may
pay an additional sum per annum TO the
judges of tho circuit court thereof; but
such allowance shall not be increased or
diminished during the term of Office OF
the judges to whom il may have been
made. No judge during his term of Of
flee shall practice the profession of law
or hold amy other Office, appointment or
public trust, under this or any other
government and tho acceptance thereof
shall yacate his judicial Office. Nor shall
he during his continuance therein be els
igible to any political Office.
IL. Judges nav be removed from of
flee by concurrent vote of both houses
of the legislature, when from age, dis
case, mental or bodily intirmity or in
they are incapable OF dis
the duties of their Once. Iut
each house must concur i'm such vote,
and the cause of removal shall bo en-
ter d upon the journal Ct each house.
The judge against whom the legislature
may be about TO proceed shall receive
notice thereof accompanied with the
cause ALLEGED for his removal, ut least
twenty days before the day on which ac-
ton is proposed to be taken therein.
-. TIE voters of each county shall
elect cork OF the circuit court, whose
term of Office shall be six years his du-
ties and compensation and th2 manner
of removing him from office shall be pre-
scul ed by law; md when vacancy
shall occur in the Office, the circuit court
on the judge thereof in v cation Shall fill
the same by appointment until the next
general election In any case in respect
to which the clorl shall be so stu ltcd as
to make IL improper for him to act, the
the said court shall appoint clerk to act
therein. The clerks of said courts i'm Of
flee when this article takes effect, shall
remain therein for tho term for which
they were elected. unless sooner removed
in tho manner prescribed by law.
II. The Legislature may establish
courts of limited jurisdiction within amy
county, incorporated city, town or vii
Iage, with the right of appeal TO the cir
cut court, subject to such limitations as
may bo prcssI bed by law and all cOults
of limited jurisdiction heretofore estab-
lishcd in any county, Incorporated city,
town or village, shall EN- i'm as at pres
Cnt constituted until otherwise provided
10y law. The municipal court of Wheel
ing shall continue in existence until 9th
erwise provided by law, and said court
and the Judge thereof, shall exercise tile
powers and jurisdiction heretofore con
ierred upon them; and appeals i'm civil
cases from said court shall lilo directly to
tho supreme court of appeals.
20. No citizen of this State who aided
or participated in tho late war between
the government of tho United Statoy and
part Of the people thereof on either side
shall he liable in any proceeding, civil or
criminal; nor shall his property be seiz-
ed or sold under final process issued UPS
on judgments or decroos heretofore rem,
d9ged, or otherwise, because of any act
done i'm accordance with the usages O
civilized warfare n the prosecution of
said war. The Legislature shall provide
bv general laws, for giving full force and
effect to this section
81 Such parts of the common law, and
oil che lows Of this state as are i'm force
when this article goes into operation. and
arc not repuguaut thereto, shall be and
continue the law of the state until alter.
Cd or repealed by the Legislature. All
civil and criminal suits and proceedings
pending in the former circuit courts of
This state, shall remain and be pros
cecdcd in tCiOre the circuit cOnrts of
the counties i'm WHICH they wero pend
ing.