The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-03-13
THE CONSTITUTIONAL
AM :NDMENTS.

"t""FtG" W '"o dfJ'S""' y w"
TTrgiHia, That the following be and
the same is hereby proposed as AZ
amendment to the Constitution Of
this State, to-wit: That arlicl.
eight of said Constitution rs it now
is he stricken out, and the follow
ing be inserted in lieu thereof;
ARTICLE VIII.
JUDICIAL DEPARTMENT.
!. The judicial power Of the State
shall be vested in Il supreme court
of appeals, in circuit courts,and the
| Judges thereof, in such inferior tri-
bunals as are herein authorized, and
in justices of the peace.
SUPREME COURT OF APPEALS.
.. The supreme court ofappeals
shall consist of4 judges, any 5 Of
whom shall be 4 quorum for the
transaction Of business. They shall
he elected by the voters ofthe State,
and hold their Office for the term of
u years, unless sooner removed in
the manner prescribed by this Con-
stitution. except that the judges in
Office when this article takes effect
shall remain therein until the expir-
alton Of their present term ofoIiics.
8. 1t shall have original jurisdic-
ton in cases of hubedt corpus. mun-
ddmus and prohibition It shall
have appellate jurisdiction in civil
cases where the matter in contro-
vcrsy,cxclusive ofcosts, is Of greater
value or amount than 500; in
controversies concerning the title or
boundaries Of land, the probate of
wills, the appointment or qualiiica-
ton of a personal representative,
guardian, committee or curator; or
concerning n mill, road. way, ferry
or landing;, or the right of n corpo-
ration or county to levytolls or
taxes, and also in cases Of quo ,sar-
mnio, habcas cOrpas, nandamus, Ger! i
orari and prohibition, and in cases
involving freedom or tho cOnstitu-
tionality of n law. 1t shall have
appellate jurisdiction in criminal
cases where there has been a con-
viclion for felony or misdcmeanor
in a circuit court, and where con
victioM las been had in any inferior
court and been affirmed in Il circuit
court, and in cases relating to Tic
public revenue, the right of appeal
shall belong to the State as well us
the defendant, and such other ap.
peIlats jurisdiction, in both civil
and criminal cases, rs may be pre-
scribed by law.
!. No decision rendered by the
supreme court Of appeals shall be
considered az binding authority up
OH any OF the inferior courts ofthis
State, except in the particular case
decided, unless such decision is
concurre,l in by at least three judg-
cs of said court.
5. When 4 judgment or decree is
rcvcrscd,or affirmed by the supreme
court ofappcals, every point fairly
arising upon the record Of the case
shall be considered and decided ;
and the reasons therefor shall be
concisely stated in writing,and pre-.
served with tho record Of the case
and it shall be the duty Of the court
to prepare "a syllabus of the points
adjudicated in each case concurred
in by three of the judges thereof,
which shall be prefixed to the pub
lished report OF tho case.
6. A writ Of error, supersedsas or
appeal shall 10 allowed only blythe
supreme court of appeals or judge
thereof, upon a petition assigning
error in the judgment or proceed
ings 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 srrorin
the same, or that it presents point
proper for tho consideration Of the
supreme court ofappeals.
I. If from any cause 4 vacancy
shall occur in the supreme court oil
appeals, the Governor shall issue q
writ of election to fill such vacancy
at the next general election for the
residue of the term; and in the
meantime he shall fill such vacancy
by appointment until n ajudse is
elected and qualified. But If the
unexpircd term be less than two
years the Governor shall fill such
vacancy by appointment for the
unexpired term.
s. The officers Of the supreme
court of appeals, except the reporter
shall be appointed by the court, or
lin vacation, by tho judges thereof
with the power Of removal; theil
duties and compensation shall be
prescribed by law.
8. There shall DO at least two
terms Of the supreme court OF ap
pcals hold annually, at such times
and places as may be prescribed b!
law.
CIRCUIT COURTS.
10. The State shall 10 divideC
into thirteen circuits. For the cir
cult hereinafter called the frst, tw,
Judges shall bc elected, and 70
eacli of the other circuits one judg,
shall Ia olarioI la, thn ,otnrs iLorn