The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1880-07-28


Constitution as il now Is be stricken out,
and the following be inserted in lieu there
q:
ARTICLE VII.
JUDICIAL DEPARTMENT.
l. 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 DIS are herein au-
Itlorized, and in justices Of the peace.
SUPREME coNrro or ApPEAIs.
9 The supreme court oi appeals shall
consist Of four judges, any three OF WHOM
shall be quorum for the transaction OF
business. They shall be elected by the
voters Of the State, and hold their Office for
the term Of twelve years, unless sooner re-
moved in the manner prescribed by this
Constitution, except that the judges in Of
flee when this article takes effect shall re-
main therein until the expiration OF their
present term Of office.
$. 1t shall have original jurisdiction in
cases oil hdJeds corpus, mdnddauS and pro-
hibition. 1t shall have appellate iurisdic-
diction in civil cases where the matter in
controversy, exclusiyeoi costs, isof greater
value or amount than one hundred dollars;
incontroyersies concerning the title or
boundaries OF land, the probateo OF wills,
the appointment or qualification OF per-
sonal representative, guardian, committee
or curator; or eoneerninga mill, road, way,
ferry or landing; or the right OF u corpora
ton or county to levy tolls ortaxes, and
also in cases Of qto rarrdnto, hubeds cor
pus, mnnddDns, certiOrdri and prohibit
ton, and in cases involving freedom or
the constitutionality OF q law. 1t shall
have appellate jurisdiction in criminal
cases where there has been u conviction
for felony or misdemeanor i'll q circuit
court, and where n conviction has been
had in any inferior court 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, in both civil and criminal cases, lis
may be prescribed by law.
4. No decision rendered by the supreme
court Of appeals shall be considered as
binding authority upon any OF the inferior
courts OF this State, except In the particu-
lar case decided, unless such decision is
concurred in by ut least three Judges OF
said court.
.. When a judgment or decree is re-
versed or affirmed by the supreme court OF
appeals, every point fairly arising upon
the record OF the case shall he considered
and decided; and the reasons therefor
shall be concisely stated in writing, and
preserved with the record OF the case; and
| tshall be the duty OF the court to prepare
| sVllu huS Tf tho fnntpfo ofliu1;nnfaI ~
each case concurred in by three of the
Judges thereof, which shall be pretixed to
the published report OF the case.
q. a writ OF error, stperedeas or appeal
shall be allowed only by the supreme court
OF appeals or u 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 in the same, or that it
presents point proper for the considera-
ton OF the supreme court OF appeals
z. II tron any cause vacancy shall oc-
cur in the supreme court OF appeals, the
Governor shall issue writ OF election to
| fill such vacancy ut the next general cleo
ton for the residue Of the term; and in the
meantime he shall fill such vacancy by
appointment until judge is elected and
qualified. But if 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
pointed by the court, or, in vacation by the
judges thereof, with power OF removal;
their duties and compensation shall be
prescribed by law.
8. There shall be at least two terms Of
the supreme court OF appeals held annu-
ally, at such times and places us may be
prescribed by law.
CIRCUIT COUNTS.
10. The 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 Judge
shall be elected by the voters thereof.
Each OF the judges so elected shall hold
his Office for the term OF eightyears, 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 OF the term for which they have
been elected in the circuits in which they
may respectively reside, unless sooner re-
moved as aforesaid. A vacancy in, the of.
tioe oil judge OF the circuit court shall be
hlied i'll the same manner us is provided
Tor IN any case OF u vacancy in tie office OF
a Judge OF the supreme court OF appeals
During his continuance in office the Judge
OF a circuit court shall reside in the circuit
OF which he is judge. The business OF the
first circuit may be npportioned between
the Judges thereof, and such Judges NAV
hold courts in the same county or in dit
kierent counties within the circuit ut the
same time or at different times, us may be
prescribed by law.
IL A circuit court shall be held in every
county in the State at least three times in
each. year, and provisions may be made by
law for holding special ternis OF said court.
\ Judge OF any circuit may hold the courts
in another circuit.
II. The circuit court shall have the,su-
perSlslon and control OF all proceedings
before a. justices and other inferior tribu-
nails, by mdnddmus, prohibition and Ger
tlordri. They shall except in cases con-
hned exclusively by this constitution to
some other tribunal, have original and
general jurisdiction Of all matters ut law
where the amount in controversy exelu-
siye OF interest, exceeds fifty dollars; OF all
cases OF haJeGs corpus, mundanu,s, quo car
'ftRt!o, and prohibition; and all cases in
al ~ N 4 \