Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1880-07-06


Resoiptd by e Legislature of Ipest Virginia too-
thirds Of all e members elected TO each House agree
ins thereto: Tlrat the following be and the same
Constltutian of this State. to-wit: That article
eight of said Constitution as it is be strick-
out. aud the following be inserted in Leu
thereof:
ARTICLE VIII.
JUDICIAL DEPARTMENT.
l. The judicial power of the State shall be
vested In supreme court of -appeals, in circuit
courtss and this judges thereof. III such inferior
tribunals as are herein authorized, and in JUS
tees of the peace.
SUPREME coURr or APPEALS.
g. The supreme court of appeals shall INSIST
of four jnd any three of whom shall DE a
quorum for the transaction of business. They
snail be elected by the voters of the State, and
hol their office for tile term of twelve years.
unless sooner removed i'll the manner prescribed
bv this Constitution, except that tile Judges in
office when tllis article takes effect shall remain
term of office.
g.. 1t shall have original Jurisdiction in cases
OF ha6tns corpus maneam.' and prohibition. It
where the matter i'll controversy, exclusive of
coats. is of greater value or amount than one
hundred DO lars; IN controve sizes concerning
the title Or boundaries of laud, the probate Of
wills, the appointment or qnalif cation OF
or curator; or concerning a mil. road way,
ferry or landiyG: or the right of a corpOl alton
cases of quo ,oarranto habeos corpus. maudamus
csrttorari and prohibition, md in cases involving
freedom or the oonstitut ienalItv OF a law. II
shall have appellate jurisdiction in criminal
cases where there has been conviction for
felony or mlsdemeanor IN circuit court, and
where conviction has been had in any inferior
court and been afrmed in circuit court, and
10 eases relating to the public revenue. tn"
"a the defendant. and snch other appellate in
rlsdicti"n. in both civil and criminal cases, as
may be prescribed by law. \
4. No decision rendered by the sunrerne court
OF appeals shall be considered us binding ar-
n1rfIrnlHF q = aniI al
less such decision is concurred III by ut least
three Judges of said court
5. When a judgment or decree is reversed or
ahirmed by the supreme court" Of appeals, every
point fairly arising upon the record of the case
shall be consider and decided and tho rea-
sons therefor shall be conciselv sta ted in writing
and preserved with the record of the case /; and
syllabus of the points adjudicated in each case
CONQUERED in by three of he Judges thereof
when shall be preiNed to the published report
g. 4 writ of error. supsrsrdsas or appeal shall
hs allowed only hy the supreme court of appeals
o. Judge thereof, upon petition assigning En-
ror in the alignment proceedings of the in
feriOr courts, and then ONLY after said conrt or
judge shall have examined and considered the
record and assignment of errors, and is satisfied
that there is error in the same. or that il pre-
sents noTnt proper for the consideration Of tie
supreme court oil appeals.
~ z. If from any cause a vacancy shall "ccnr in
the supreme court of appens, the Governor
shall issue a writ of election to fill such va
cIncy ut the next general election for tho res
fill such vacancy by appointment until a ind ge
Is elected and quaiific'l. Bnt if the unexpircd
Germ be less than two years the Governor shall
MI snch vacancy by appoint lent for the uEcx-
PRED term:
s., The officers of tha supreme court of ap-
peaiS, except tile reporter, shall he appointed hv
the COURT or. IN vacation by the iud2es thereof
with power of removal: their duties and COM
prnsatlon shall be prescribed by law.
9. There shall be al least two terms of the sly
preme conrt of appeals held annually. ut sue,
times and places as may be prescribed by Ia ".
CIRCUIT COURTS.
10 The State snail bp divided infn tIirteo.,
circuits For the circuit hereinafter called the
hrst. two judges shall be elected. and for each
oil the other Gil cuits one judge shall be elected
by the voters thereof. Each of the judges so
elected shall hold his office for the term Of eight
years, unless sooner removed in the MA u Ocr
prescribed i'll this constitution N e judges of
me CIRCUIT courts III Office whcu this article
ration of tie term for which they have been
elected in the circuits in which they NAV
said. A vacNucy i'll the Office of indgc of the
clrcult court stall he filed in the same manner
the Office of judge of IL" sunrc"-e of APP
Deals. During this cont finance in Office thu,
judge of a circuit cnnrt shall esife in the cir
cuit of which lie is judge The business of tn"
frat circuit may be apporti"ncd between the
iu1"es thercof.a'd such judges may hold courts
in the same county or in different counties
wlthiEthe circuit at the same time or at differ
ent times: as may be prescribed hv law.
II. circuit conrt shall be held in every
county III tho State ut least three" times in each
year and provisions may ,r msde by law for
any circuit may hold the courts i'll another cir
cult.
IL. The Circuit court shall have tl,e srpcrvi-
sion and CON troll of all proceedings before lus.
tees and other inferior tribunals, bv mandaiu,.s
pr"h1hiticn a'd c"'ttoruri They shall excopt in
cases confined exclusively by this cousii: ution
to snmP other tribunal. have original and ccn-
eral jurisdiction of all matters at law wherc the
exceeds fi'tv dollars. of all cases of Habsas cor
P"', mAnhamM' quo ioarrnnto and Prohibition:
nlisdemeauole. They shall have sppelIafe iurie-
h1ctlon IN all cases, civil! aud c"inrpal. where
lowed to the Judgment or ploceedings of any
inferior tribunal. They shall also have snch
other 1urisdict'onS whether supervisory. o,iCi-
nal appellate or concurrent, as is or may be
prescribed by law.
G. - Unit! otherwise provided by law, the
cults: The counties of Brooke, Haucrck Ohio
and Marshall shall constitute the first circuit ;
the counties of Mon gala, Marion aud Harrl-
son, the second the counties of Preston Tny-
lor. Barbour, Tucker aud Randolph. tile third :;
the counties of Wetzel, ~ Ter. Richie and bod,
dridGe, the fourth: tue les of Wood Writ
an a!n f,eAsant. the fifth; the counties of Cay.
tho counties of Putnam. Kanawha and Mason
the seventh; the counties of Csbcll. Wayne.
M,neoin and i;ngan. the eclItl' 1hcconntics Of
Boone. the ninth: the counties of Grccnbrier
Monroe: Summers Favette aud POcahontas.the
tenth; the counties of Upshur, Lewis. Braxtou
Nisholas and Wchster, tie clever I'll: the eoun.
ties Of Grant, Hardy, Hampshire, Mineral and
son, Bsrkelev and Morgan, tho thirteenth
Il. The legislature may real1anCe the circuits
prec' ding snv general election of the Judges of
said circuits, aud after the wear one thousand
eight handred and lightweight, may at any
such session, increase or diminish the NUMBER
Is The legislature shall provide bv law for
hoidlng regular and special erms. of the circuit
conrts, where from any canse the judge shall
1al TO attend, or, if in attendance, cannot prop
erly preside.
GENERAL Provisions.
16 All judges shall be commissioned by the
Governor. The salary of judge of the supreme
court of appeals shall be two Thousand two
hundred dollars per annum and that of n ind se
OF the circuit court shall be thousand eight
hundred dollars per annum and each shall re-
celve the same milea Ge members of the Leg
islature:. Prorided. That Ohio county may nav
an additional sum per annum to the Judges of
the circuit court thereof: but such allowance
SNAIL not he ncreased or Diminished during the