The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-07-17

r Hste lsoPos~ ! d. m amendment to the
S .t.. sI! 1f'this State, 10 wit: That
!. t ISs y " Of said constitution MS il now
$500 = ~ .icker out, and the following be in
gu" :, III lieu thereof:
ARTICLE VIII.
JUDICIAL DEPARTMENT.
l. The judicial power Of the State shall
he vested in supreme court Of aplSals, in
circuit courts, and tho judges thereof, 10
smell inferior tribunals nE are herein MI
thoFiEcd, and in justices Of tie pesre.
suruENE COUNT OF AprEAIs.
.. The supreme court Of appeals shall
consist Of four judges, any three Of whom
shall be qu0rum for the transaction Of
business. They shall bC elected Nv the
voters OF tile Stntc, md hold their office for
the term Of twelve years, unless sooner re-.
moved in the manner prescribed by this
constitution, except that the Judges ii Office
when this article takes effect shall remain
therein until the expiration Of thu ir present
term Of Office.
5, Il shall have original Jurisdiction in
cases Of habca8 co.puE mantlNntus md
prohibition. ltshall have appellate irris-
tliCiion in civil casen where The n,atlcr in
controversy, exclusive OF costs, ia Of greater
yaluc or amount than one hundred dollars;
in controversies concerning the title or
boundaries Of land, the probate Of wills,
the appointment or qualification Of per-
sonal representative, guardian, committee
or curator; or concerning mill, roNd,
way, ferry or landing; or the right OF 4
corporation or county TO levy tolls or taxes,
and also in cases Of quo warranto, llnbcaa
corpus, manlamus, cettiorari and prOhibi-
ton, nad in cases involving freedom or the
cons,itItionality Of law. It shall have
appellate Jurisdiction in criminal cases
where there las been q conviction for fel
onY o. miSlemcanor in n circuit court, and
where a conviction has tScn had in any in.
ferios corrt nnl been affirmed in circuit
court, aud in cases relating to the public
revenue, tie right Of appea! shall belong 10
the State aswell MS the defendant, and such
other NpIYllate Jurisdiction, in both civil
and criminal cases, as may be prescribed
by law.
4. No decirion rendered by The supreme
court oil appeals shall be considered "a
binding authority upon any Of the inferior
courts Of this State, except In The rarticu-
lar case decided, unless such decision IL
concutred in by at least three judges Of
said court.
5. When a judgment or decree Is reversed
or Affirmed BY tlesapreme court Of nppeNla,
every point fairly arising upon the record
Of the case shnll be considered and decided
md the reasons therefor shall be conciseIy
stated in writing, and preserved with III,
record Of the case; and i, shall lie the duty
Of the court'lo prepare syllabus Of the
points adjulicaicd in eaCl case concurred
in BY three Of the judges thereof, which
shall b. preiixed to the published report Of
the case.
G. A writ Of error, aurersedeas or appeal
shall he allowed by the supreme court Of
appeals OF a judge thereof, Upon petition
assigning error in the judgment or pro.
reetlings oil the inferior court, md then
only inter said court OF Judge shall have
examined and conailcred the record and
assignment OF errors, and is satisfied that
there is error in the Same, or that ii pre-.
sents a point proper for the consideration
:o:.thesaprculg conrtcf5apTeRls.zs 4s5s
Z: II from any caiise 4 4 vacancy shall
occur in the sutlFclnc court Of appealE. The
governor shall issue writ Of election to
It'll such vacancy nj lie next relleral=elec=
ton for the fesidue az lie term Z: and III Tho
meantime hc shall ElI =MiSl,= vacancy Nv
appointment until a iulge il elected md
qualified Rnt II tho nIlexn;red Term he
less than Two ycars Tic governor shall fiji
sucl, vacancy Nv appointment for the uncx.
pircd term. -. -
IS, The officers Of the snpreue court oi
appeals, EXCEPT lilo reI,orter. shall lie m.
pointclby the court, or. In vacation Of The
Judges thereof, with Mwcr Of removal .
their duties and coni,,ensaiinn shalI bc nre.
scrilpd Inv law
D. There shall be at least two terms Of
tle supreme court Of nppeals held annually.
al such times and plaets MS NAV Le rre.
srriLeI Inv law.
CIRCUIT COURTS.
10 Tho State sh,li le divided ;n.o th;r.
,ccn circuits. Fnr tho cirr,y;t hr,";p, itcr
called ,he int. two Judges shall liz elected.
and for rucl, Of the other circuits one iu,;rr
shall Ike elected Ly thc voters thrnnI. ESsh
Of lie Judges no elected shall hold bis Office.
ior tbc tartn NJ cirbt vrnrI inleaI sonner
renoye,l in tIc manner nrescribCI IN .i,is
constitution. The iudaes Of thc circ,,;t
cour,s in Office whSn ibis article tales
efTtct shalt remain therein until Inc cx,it-
ation Of tlle fern for which thew have Geen
elected in Inc circui,s in which thcy NAV
respectively resiIeunlcER goOncr removed ~
Aforesaid 4 yaeancy in Inc Offce Of n
Judge Of the circuit court shall he filled IN
tic same manner as Is proviic,, for III an,
cnso Of vacancy in the Office Of u iuige o
the slnrc,ne court Of unueala, During Iii
continuance In Office he Judge Of a cir chi
court shall reside in Tie circuit Of wlici
he IA ;nIon Tho krrinc,s ~ tho frst r;r