West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1880-08-14

supervision anu control OF all proceedings
before justices and Othor inferior tribu-
mails, by WOHddHlHs, prohibition and car
GOrdri. They shall except in cas- O. con-
fined exclusively by this constitution 20
sOno other tribunal, have original and
general jurisdiction Of all matters ri law
where thu amount in controversy eNclu~
sivo of interest, exceeds fifty dollars Of
Qu0 tCur7'0J'tO, and prohibition
and al cases In equity, and % all
crimes aud misdCueanOrs. They
shall have appellate jurisdiction in
all cases, ciYil and criminal, where AN
appear writ OF error or StDgSctiCUS may
bo allowed To the Judgment or proceed
lnRS oil any infOrioT tribunal. They shall
also Eayc such other jurisdiction, whoth-
or supervisory, original appel
late, or concurrent, a. IS OF may DC ple-
scibcd by law.
Is. Until otherwise provided by law,
the state shall be divided into tho follow
ing circuits The counties OF Brooke,
Hancock, Ohio and Marshall. shall con-
sttuto the first circuit; tho counties of
MOnongalia, Marion and Harrison, the
second the counties OF Preston, Taylor.
Harbour, Tucker and Randolph, tho
third; the counties of WetZol, Tyler
Richie and DOddridge, tho fourth the
counties of Wood, Writ and Pleasant,
the fifth ; tho counties o. Clay, Gllmor,
jackson, ROano and Calhoun tho sixth
tho counties of Putnam, Nauawha and
Mason, the seventh; the counties of Cab
ell, Wayne, Lincoln and Logan tho
eighth; tho counties OF Mcdowell, Mor>
Ger, Raleigh, Wyoming aud Boone, tho
ninth the counties OF GIeenbrier, Mons
roe, Summers, Eayctto and PocahOntas.
tho tonth the counties of Upshur,
LOWS, BraXton, Nicholas and Webster,
tho eleventh; the counties of Grant Har~
dy, Hampshire, Mineral aud Pendleton,
q Lee Il.
berkeley and Morgan, the thirteenth,
H. The legislature may roarrange the
circuits herein provided for at any SEES
sion thereof next preceding any general
election OF the judges of said circuits,
and after tho year ono thousand eight
hundred and eighty eight may mt any
such session, increase or diminish the
number thereof,
10 The legislature shall provide by
law for holding regular and speciaI terms
OF the circuit courts, where from any
cause the judge shall fail to attend, or, il
in attendance, cannot properly preside.
GENERAL PROVISIONS.
10. An judges shall DO commissioned
by the Governor. The salary OF a iudgo
of tho supreme court of appeals shall DO
two thousand two hundred dollars per
annum, and that of "A judge Of
the circuit court shall be one thouN
hillu flEll llul'lENii NblltTS Der all
mum ; and each shall receive the
same mileage as members of the Legis~
laturc. ITOvMC6, That Ohio county may
pay an additional sum per annum 10 the
Judges of the circuit court thereof; but
such allowance shall not bo increased or
diminished during the term of ollicc Of
the judges 10 whom IL may have been
made. No judge during his term Of or~
flee shall practice the profession Of law
or hold any otbor Oilico, appointment or
public trust, under this on aHy other
government, and tho acceptance thereof
shall yacate has judicial office. Nor shall
he during his continuance therein DO els
igible to any political Office.
IL. Judges nav he removed from of
flee by q concurrent vote of both houses
of the Lex. iature, when from nge, dis
ease, mental or bodily inlirmity or in
temperance, they are incapable OF dis
charging the duties of their Office But
twoNthirds of all the members elected to
each house must concur In Such VOto
and the cause of removal shall bo en-
tered upon tho journal ct each house.
The Judge against whom the legislature
may be about I'd proceed shall receive
notice thereof, accompanied with the
cause alleged for his removal, at least
twenty days before tho day on which ac>
ton is proposed to bo taken thoren.
Is. The voters of each county shall
elect a clerk OF the circuit court, whose
term of oiIico shall bo six wears 4; his du-
ties and compensation and tho manner
of removing him from office shall bo pre-
scrlhed by law; end when n vacancy
shall occur in the Office, the circuit court
on tie Judge tboroOfin vacation shall fill
tho same by appointment until the next
general election. In any case in respect
TO which tho clerk shall be so situated as
to make it improper for him to- act, the
tho said court shall appoint a clerk TO act
Il. IL %. IL
flee when this article takes effect, shall
remain therein for tho torn for which
they were elected, unless sooner removed
in tho manner prescribed by law
IS. The Legislature may establish
courts of limited jurisdiction within any
county, incorporated city, town or vii
lage, with the right of appeal to tho cir
cult court, subject to such limitations as
may be prescribed by law and all counts
Of limited jurisdiction heretofore estab-
lishcd IN any county, incorporated city,
town or village, shall em,in rs aC pres
ont constituted until otherwise provided
by law. The municipal court of Wheel
ing shall continue in existence until 9TH
orwise provided by law, and said court
aud the Judge thereof, shall exercise tho
powers and jurisdiction heretofore con-
iorred 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 tho lato war between
the government of the United States and
part Of the people thereof on either side
shall be liable in any proceeding, civil or
criminal; nor shall his property he seiZ-
od or sold under final process issued ups
on judgments or deCroas heretofore ron,
dered, or otherwise, because Of any act
done i'm accordance with tho usages o.
civilized warfare in the prosecution of
said war. Tho Legislature shall provide
bv general laws, tor giving full forco and
effect 20 this section.
u. Such parts of the common law, and
oil the laws of this State AZ arc i'm force
when this article goes into operation, and
are not repugnaut thereto, shall be and
continue the law of tho State until alter
ed or repealed by tho Legislature. An
civil and criminal suits and proceedings
pending iu tho former circuit courts of
this State, shall iomain and be pros
ceodcd w. before the circuit conrts of
tho counties In which they were pond
ing,
COUNTY COURTS.
%. There shall be in each county Of the
slate county court, composed Of three
commissioners, and two OF said commits
sioncrs shall be q quorum for tho trans.
action Of business. 1t shall hold four
regular sessions i'm each year, at such
timcs rs may boo fixed upon AMI enterod
Of record by the said court. Provisions
may be made by law for holding special
sessions Of said court.