Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1880-08-07


Il. The legislature may rearranse he
circuits herein provided Tor at any sess!on.
thereof next preceding any general election
of the Judges q said circuits, and after The
wear one thousand eight hundred AID
e;eh,y.eight, may ST any such session, IN
crease or diminish the number thereof.
Is The legislature shall provide by law
for holding regular and special terms OF
he circuit courts. where from any canS"
he Judge shall fail TO attend. OF, il in
attendance, cannot properly preside.
GENERAL PROVISIONS.
Is. All Judges shall be commissioned by
,be governor. The salary OF judge OF the
snnreme cour: Of appeals shall he two
thnrsanl two hundred dollars per annum,
ana that Of q Judge Of the circuit court
.hau be one thousand eight hundred dol
lars per anrum and each shall receive the
saue mileage as members OF the legislature.
Provided, That Ohio county may pay an
additional sum per annuiG 20 the judges OF
he circuit court thereof; but such allow
srce shall not be increased or diminished
dp-ing the term Of office Of the judges to
whom il nav have been made. No Judge
dining Las term Of Office shall practice the
profession OF law or hold any other oihce,
appointment or public trust, under this or
any other government, and the acceptance
thereof shall yacate his judicial office. Nor
shall he during his continuance therein be
eligible To any political Ctilce.
II. Judges may be removed lrom Office
nv n concurrent vote OF both HOUSES OF the
legislature. when from age, disease, mental
or bodily inimiiy or intemperance they
arc incapable Of dischsrging the duties Of
their oiice. But iwo-thirts OF all tie
members elected 10 each house must con-
chr in such vote. and the cause ol removal
shall be entered upon the journal OF each
house. The Judge against whom the legs
iature NAV lie about 10 proceed shall re-
ceive notice thereof accompanied with the
cause alleged for his removal, at least
twenty davs before the day on which action
is proposed 10 be taken therein.
is The voters 81 each county shall elect
clerk of the circuit court, whose term Of
office shall be six years; his duties and
cou,uensstion and the manner CT removing
him from ori.e shall be prescribed by law
and when a vacancy shall occur IN the
Office, the circuit court or the Judge thereof
in vacation shall an the same by appoint
ment until the next general election. In
any case in respect TO which the clerk shall
/ be 50 situated as tomake itlmproperi hlm
10 act. the said court shall appoint a cleik
10 set therein. The clerks OF said courts
/ in Office when this article takes effect, shall
remain therein Tor the term Tor which they
I were elected, unless sooner removed IN the
! manner prescribed by law.
10. The legislature NAV establish courts
Of limited jurisdiction within any county,
/ Incorporated city, town or village, with the
/ right Of appeal to the circuit court, sub
/ icct 70 such limitations as may he PIE
/ scribed by law; and all courts Of limited
! jurisdiction heretofore established in any
/ county, incorporated city, town or village,
! shall remain as at present constituted until
/ otherwise provided by law. The municipal
court OF Wheeling shall continue in exist.
| ence until otherwise provided by law, and
said court and the Judge thereof, shall ex-
/ ercise the powers and jurisdiction heretofore
/ conferred upon them and appeals in civil
/ cases from said court shall lie directly TO
| the supreme court OF appeals.
20. No citizen of this State who aided or
participated in the late war between the
/ Government of the United States and part
/ Of the people thereof on either side, shall
he liable in any proceeding, civil or eriin-
inal; nor shall his property be seized or
sold under final process issued upon judg-
nents or DEGREES heretofore rendered, or
otherwise, because Of any act done in
accordance with the usages CT civilized
warfare in the prosecution Of said war.
The legislature shall provide 10y general
laws. for gi7ing full force and effect to this
section.
p. Such parts Of the common law, and
/ of the laws Of this State as are in force
| when this article goes into operation, and
/ are not repugnant thereto, shall be and
continue the law of the State until altered
or repealed by the legislature. All civil
and criminal suits and proceedings pending
i'm lie former circuit courts of this State,
shall remain end be proceeded in before the
circuit courts OF the counties in which Ihey
we're pending.