The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-09-04


That DIE following 10 ala rtl,G SAME is
hereby proposed as an anicuduent 10 tho
CoANftuti0hOf this State, to wit: That
article eight. Of said constitution nS il now
is lie. stricken out, and The following be in
scrted il Leu thereof:
! ARTICLE WILL
JUDICIAL. DErAHruEET:
/. The judicial 'power Of tho State shNlI
be vested in supreme coiirtiot arpeals,in
circuit courts, and the Judges thereof, 10
Such Inferior tribunals "a are herein au
tl.oFised, and in justices Of the peace.
,sUpREt!E coyar OF AprESIs.
2. The supreme contt OF rrpeals shall
consist Of four judges, any three Of whom
shall DO a quorum far lie transaction oi
hisincss. They sllall be elected By. Tie
vUtersot the State, and hold their Office for
the term ,of twelve yeas, unlG6s soonet re-
moved III tho manner l'seScribetl by this
except that the judges III office
when tlsis aStiele igkca elect, shall remain
therein until the expiration ofthgir present
term Of office: -
8. Itshall hare original Jurisdiction inI
CAGES Of llabeN corpus, nandamuE and
prohibition, Itshall have sppellate jEris-
diclinn in civil cates Sllerc The matter in
controversy, exclusive Of costs, Is Of greater
value or amouRl than eGundrel dollars;
in controversies concerning The title or
boundaries Of land, tile probate Of wills,
tie appointment OF Qualification Of a per-
Sonal representative, guardian, committee
OF C,lrat0ri or concerning mill, rpad,l
wny, ferry or landing; or the right Of a
corporation OF county to levy tolls or taxes,
anlalso.in Gssea Of quo warranto, habens
corpas napdamuS, ceItiorari and prohibi-.
lion, and ia cases involving freedom or the
conssitutionality Of Law, II shall haze
appellate Jurisdiction in criminal caaes
where there has bCen conviction for fCl
.onY OF mtaleplqSaof in a circuit c5IFE, and
vhrre a conyicliQniiaB keen had in. my iu5
icsioE court and ken affirmed in Gifcait
court, and IN csses relating 10 the public
revenue, the right Of APPEAL shall belong ID
tic State aswsil as the defendant; and such
other appellate ji:risdictfon, in both civil
mud criminal cases % may be prescribed
by law. -
!. No decision rendered By The suprelus
court Of appeals shall se considered rs
binding aulhoritynron any Of the inferior
courts Of this State, except in the rarticu-
lar case decided, unlees such decision l.
concurred In by At least three judges d
said court.
s. When a judgment or decree Is reversed
or affirmed by the supreme court ofappeals,
every point fairly orlsiug upon The record
Of the case Ahallbe considered and decided ;
und,thc reasons therefor shall be e0nciscly
stated ii writing, and preserved with tit
record OF the case; and it shall be tile duty
Of the courL to prepare asgyllabn8 Of tic
points adjudieatetl III each case concurrctl
in by three Of the judges thereof, which
shall be teaxcd 10 the Published report o.
the case.
Q. a writ oiesror, snPerseaeas or appeal
shall 10 allowed by tie supreme court d
appeals or a Judge theSt0i, upon q petition
assigning error in tie iudgnen. or pro
cOodings Of The inferior court, aud then
only after said eoGrt or judge shall have
examined aud considered tie record and
assignment OF errors, aud is satisfeJ that
there ia error In Tho same, OF that u pre-.
,senIs a point proper Tor the confederation
oftlle supreme court Of appeaia.
=4.5lt5 from any eatssc a. vacancy shall
occur in the supreme court oil appeal, ;tlie
governor shall e1ssuG=a writ OF electi0ilt ID
:tllsuClilvacanry at tte:next general: cleo,
I0I, for tlIGTcsil1e Of tho term; and in TIL
!Iesntinehe shall GIL .su3llz vacancy BY
appointment until d judge :isteteetcd aft
qualified But II the tinexpifed term Z
les1 than two years The governor shall OIL
sucl, vacancy by appointment Tor the unsx.
pireu term. -. -. =
s. The olliccts Of thessnprelue court o
appeals, except tho reporter, shall heap
pointed by tho court, or, in vacation Of tlI'
Judges thereof, With power of removal
their duties and compensation shall he pre-
SCribeil by lNw.== .5=s=.5z.=.5 =
o. There pllall he nj least two terms .
the supreme court ofappealSheld annually
at such times AND plaeea us may be PIE
scribed by Law.
i, : CIRcCrr COURTS.
10. The State shall he divided into thir
teen circuits. For the circuit hereinafter
called the first, two judges shall he elected
and for each Of the other circuits one jnLgl
shall be elected by tho voters thereof. ,EacI
Of the Judges 70 elected shall hold bis oGict
for the Lermof eight years, unless coonrj
removed in, The manner prescribed in thi
constitution The judges of, Lbe ciscu;
courts in Office when this article take
effect shall reu1uin therein until the oxrir
alton Of the term for which they hare beer
elected In he circuits in which they, mss
respectively resido,unlcs sooner removed d
aforesaid. A Vacancy in the Office Of {
Judge ni the circuit court shsll be filled Ii
the same manner as Is provided for in M
case Of u Tacancy.in The Office Of judge {
the supreme court Of sppealS. During III
continuance In Office the Judge Of q cir cui
court shall reside inthp circuit Of wllic
he is judge, Tho business Of tho iirst eli
cult may be appOrliOnetl between tho judge
thereof, and such Judges may hold court
in the snnIc county or in different countit
within the rircilit'nt tho sans time or a
different times M may be pseScribed b
Inv.
II, A circuit courtEhall lie held in ever
county in the State at least three times i
each year, md provisions may be made b,
law for holding siGcial terms 81 said Golrl
4 judge OF rny cIIcuiL niuy hold the court
in another circuit.
l2. The Circuit raurt shall have the ct,
pNrvisioH aud control OF all proceeding
before iltSiicGB and other inferior tribunal,
by tnALdumns, prohibition md rertinruri
They shall except In cases confined eSGl,l
SivtlY BY tliis constitution II" ndlnc o:hc
tribunal, have original md general jurts
diCiiOn u all niuttCrs at law where III
amount in controversy, exclusive Of inter
eat, exceeds fifty dollaB; u MI casrs u
hNbeas corpus, maadNntnA, quo warrant
and prohibition and MI CuseS in Equit,
and u all crimes md MisieHnanoH. The,
shall have appellate inrIsdicIi0R in al
cases. civil and criminal, wEprc nh au.Ra