Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-13

b4lIlSOAs
ARTICLE VIII.
JUDICIAL DEPARTMENT.
/. 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 JUS
tees OF the peace.
SUPREME COURT OF APPEALS.
9. The supreme court of appeals shall consist
of four judges, any three OF whom shall be Il
quorum for the transaction Of business. The
shall he elected by the voters of the state, ana
hold their office Tor the term oftwclye years, I'M.
less sooner removed in the manner prescribed
by this Constitution, except that the Judges IN
office when this article takes effect shall remain
therein until the expiration OF Their present
term OF Office.
8. II Shall have original jurisdiction in cases
OF hdbcds corpus, mGRddmUs aud Prohibition. II
shall have appellate jurisdiction in civil eases
where the matter i'll controversy, exclusive OF
costs, is Of greater value or amount than one
hundred dollars i'll controversies concern
inc the title or boundaries of land,
the probate OF wills, the appointment
or qualification OF a personal representa-
tive. guardian, committee or curator; or con-
corning mill, road, way, ferry or landing; or
the right OF u corporation or county To levy
tolls or taxes, AMI also In cases OF quo Tdrr1nto.
hrbcdS corpus, mHnddnlns, c'ritoIirl anu plohlol-
ton. and in cases involving freedom or the con
Stitutiouality OF a law. II shall have appellate
Jurisdiction in criminal eases where there has
been A conviction for felony or III
A ilTpnlt gDlfI. anu MHtIt u NbItN AAA'A AAaN VI
had in any inferior court and been affirmed n
circuit court, and in cases relating TO the puOlc
revenue, the right of appeal shall belong, TO the
State as well as the defendant, and slich othcr
appellate juriSdiciiOr, IN both clvllaud criminal
cases, as may be prescribed by law.
4. No decision rendered by the supreme court
OF appeals shall be considered as binding au-
thOrity upon any of the inferior courts OF inns
state, except in the particular case decided, ull-
less such decision i cOnCurrcd in by at least
three judgeSOt said court.
/ When a Judgment or decree Is reversed or
affirmed by the supreme court OF appeals. every
pniut fairly arising upon the record OF the case
Shall be considered and decided; and the reaS-
OnS therefor shall be cOnCiScly statcdin writing,
and preserved with the record OF the case; ana II
shall be the duty Of the court 20 prepare n sylla-
bus of the points adjudicatcd In each case con
Cured in by three OF the judges thereof, which
shall be prctxed 10 the published report OF the
case.
be allowed only by the su preme court Of appeals
or a Judge thereof, upon a petition assigning er-
rOr in the judgment or proceedings OF the IN
icriOr court, AMI then only after Sall court or
iudpe shall have examined and considered the
record and assignment Of errors, and Is satisfied
that there is error In the same, or that II pre-
seuts a point proper Tor the consideration OF the
supreme court OF appeals.
=. II from any cause Il vacancy SHNII occur III
the supreme court OF appeals, the Governor shall
issue Il writ of election to I'LL such vacancy al
the next general election for the residue OF ihn
term. anu IN the mcallllnH ne SnNIi M SUN
vacancy by appointment until IA judge Is elected
and qualified. But if the uncNp pred term be
less than two years the Governor shHl MI N,NChi
vacancy by appointment for the uheXplied
3 The officers of the supreme court Ofappcals.
avcapt The reporter, shall be appointed by the
court, or, in vacation by the judges thereof, with
pOwer of removal; their duties ana compeiiSa'
lion shall be prescribed by law.
- There shall be at least two terms OF the su-
pr,me court of Appeals held annually. n such
times and places as may be prescribed by law.
CIRCUIT CoCErs.
10. The state shall be divided into thirteen
circuits. 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 50 elected
shall hold his Office for the term OF eight years;
unless sooner removed IN thcmAnnrr prescribed
i'm this constitution. TIL judges OF the circuit
courts i'm Office when this article takes effect
shall remain therein until the expiration of the
term for which they have been t%lcctv! IN the
circuits i'm which they may respectively IrNlic'
unless soon removed ~ aforesaid. A vacancy IN
the Office Of Il judge Of the circuit court shaIi
be filled in the same manner a. u proNlHtu ioF
i'm any case Of a vacancy III thc ONCE nl Il juice
OF The supreme court of appeals. during MS
cnntiuuancei in Office tn" judge OF Al circuit court
shall reside in the circuit OF which he Is judge.
The business OF the first circuit may. he nppoT-
toned between the judges tlicrooI' ana Sdgn
iudur.S NAV hold courts in the same county or ~
different counties within the circuit at the same
time or at different times, ~ may be prescribed
by law
!, . c,rrrit court shall be held in every
county in the State nj least three uileN IN edCl
holding special { rms of said court. A JudGe on
any circuit may hold the courts III another cir
cuit
II. The circuit court shall have the Supervi-
sion and control of all proceedings before JUS
ticcs and other inferior tribunals, 10y mdldd'U.s,
nrohIbitiOn and ccrtiOrdri. They shall EXCEPT III
cases confined exclusively by tins constitution
to some other tribunal, have original ana gen
cral Jurisdiction Oi all matters ut law where the
amount i'm controversy exclusive al interest, eN-
ccedS fifty dollars: Of all eases ct tGtcrS corpus
mGaddmiS, quo l]CdrrdHiO. and prohibitions; ana
aLl eases in equity. and of all crimes and misie-
mcanor>. They shall have appellate lurlSdic-
ton ina all cases. civil AMI criminal, where an
appeal writ of error or SUpcrS'G'dS may be allow
eli to the Judgment or proceedings OF any lhltr!-
ar tribunal, They shall also have Such nthcr
jurisdiction. whether supervisory, original ap-
pellate, or concurrent, rs is or may be prescribed
by law.
State shall be divided into the following circuits.
The counties of Brooke, Hinco K, ono ana
Marshall shall constitute the lirSt circuit: the
counties of Monongulia, Marion and Harrison,
the second the counties OF ;'rs>lol' Inyior' 81.
bour, Tucker and Randolph, the third the
counties of Wctzcl, Tyler, Richie and Doi'
bridge. the fourth the counties OF Wood. Mirt,
and Pleasant, the fifth; the counties, OF Gay
fr1lmlf. IHtkNtllls llslllf hll'A hAAl'AN $50
he counties OF Putnam, Kanawha aud Mason,
the seventh: the counties of Cabeil, Wayne,
Lincoln and Logan, the eight; me counties OF
Mcdowell. Mercer, Raleigh, wyoming ana
Rnnnc. tho ninth; the counties Of Grcenhrer,
Monroe. summers Fayctte aud PocahontaS, the
tenth: the counties OF Upshur, Lewis, briNtoh,
Nicholas and Webster, the eleventh; Tue coun,
lies of Grant, Hardy. Hampshire. Mineral ana
Prudlel on, the twelfth, the counties OF Jciler
son, Rerkcley and Morgan, the thirteenth.
ii. The legislature may renrrance the circuits
herein provided for at any session Thereon next
preceding any general election oi The judges o,
Said circuits, and after the wear one thousand
eight hundred and eighty-cight, may at any
such session, increase or diminish the number
~ The legislature shall provide by law for
holding regular and special termSoi the circuit
courts. where from any Cause the Judge ShaII
fail TO attend, or, iiin attendance, cannot prop
- GENERAL PROVISIONS.
Is. All Judges shall he commissioned by the
Governor, The salary Of a judge oi the supreme
court uf appeals shall he Two ~thOuNI1u LMo
hundred dollars per ,ri, Sn% conrt S Shall '" Re
ono 'thouSand eight hundred dollars
ner annum: and each shall receive the same
mileage as members of the Legislature. frOI
rided, That Ohio county may "a! az Hn"i,I"m.,
sum per aunun 70 the judges oil M circuit
court thereof: hut such allowance shalI not De
Increased or diminished during the term OF OIL
flee OF the judges to whom II may nave petii
made. No luuEc uurlnS MS lNi'A ~ ~ 49,
n-actica t,e nr1fcSsion Otlaw or hold any other
ooaice. appointment or public trust, under THIS
or any other government, and me acceptaEce
thereof shall vscate his judlciai 0nlGe. NG'
shall he during his continuance therein be e!lsI-
Bile to any political Office.
l.. Judges may be removed from OMIT .!
concurrent vote of both houses OF Nue Ies.STa
ture. when from age, disease, mental or 40ailEI
infrmity or intemperance. they are incapab!e OF
diScharging the duties OF their once but tMo,
,Lirjs M ali the members elected 10 each house
must concur in such vote, and the cause OF re-
moval shall be entered upon the loLrnai o. eaCn
house. The Judge against whom the !eslsLatu.S
may he about 10 proceed shall receive notice
thereof, accompanied with the cause alleged iot
his removal. at least twenty days oelore Lhe ga!
on which action is proposed to be taken therein,
Is, The voters of each county shall elect a
clerk OF the circuit court, whose term oil omee
shall be xix years; his duties and conpen>asmson
and the manner OF removing, nm from ohiCe
shall be prescribed by law and when a vacsnSs
shall occur in the Office. the circuit court or the
Judge thereof In vacation shall MI the same =!
-, ,,,,n cha Dsyt general SIpfllOn4 III