Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1880-07-03
ruE CONSTITUTIONAL
AMENDMENTS.

n-;,;. two-thirls of all the members
NHsJ ~ each House agreeing thereto.
cee, The following be and the same is
. n"I proposed as an amendment to the
Hm.a,nsti,ution of this State, to Wit: mat
lie eight of said Constitution us now
~. stricken out, and the following be
;nsrrted ia lieu thereof:
ARTICLEyIH.
JUDICIAL DEPARTMENT
The judicial power of the State shall
l., yrstcd in q supreme court of appeals,
W circuit courts, and the judges thereof,
!" such inferior tribunals rs arc herein
antborized, and in justices Of the peace.
SUPREME COURT OF APPIALs.
.. The supreme court of appeals shall
ronsist of four judges, any three of whom
sh.ll be a quorum for the transaction OF
business. They shall be elected by Ihe
voters of the State, and hold their once
for the term oftwelve years, unless sooi'ct
removed in the manner prescriDeu W 'nis
constitution, except that the Judges III
nttjce when this article takes effect snail
remain therein until the expiration Vi
their present term OF once:
?. II shall have original jurisdiction IN
,.SaS of habeas corpus, mandamus ana
nrobibition. IL shall have appellate juris-
iEction i'm civil cases where the matter OF
controversy, exclusive of costs, is of great
,r yalue or amount than one hundred
Jnllars: in controversies concerning the
lille or boundaries of land, the probate OF
Wills. the appointment or qualification OF
q personal representative, guardian, COM
mittce or curator; or concerning mil,
road, way, ferry or landing, or the right
of 4 corporation or county TO levy tolls or
ar faxes, and also in cases ofQuO warrantO
babeaS corpus, maudamus, certiorarl anu
urohibitiOn, and in cases involving Tree
dom or the constitutionality of law. III
shall have appellate jurisdiction III crlml-
,1I cases where there has been q cOnYlc-
lion for felony OF laisdemeanor in circuit
curt. and where conviction has been
,r an inferior court and been affirmed III
a circuit court, and in cases relating TO
the public revenue, the right of appeal
shall belong to the State as well as the de-
fcndant, and such other appellate JuriS-
dictiun, in both civil and criminal cases,
rs NAV be prescribed by law.
4. No decision rendered by the supreme
court of appeals shall be considered as
binding authority upon any of the inicri-
or courts of this State except III the par
ticular case decided, unless such decision
i, cOncurred in BY ut least three judges OF
said court.
). When Judgment or decree is rcvers-
ed or affirmed by the supreme court oi
appeals, every point fairly arising upon
the record of the case shall be considered
and decided; and the reasons therefor
shall he conciSely stated in writing, and
preserved with the record of the case ;and
II shall be the duty of the court to pre-
pare syllabus OF the points adiudicated
i'm each case CVucurred III by three OF the
Judges thereof, which shall be prcfiXed to
the published report of The case.
6. \ writ of error, supersedcas or appeal
shall be allowed only by the supreme
court of appeals orr judge thereof, upon
4 petition assigning error i'll the Judg-
mcut or proceedings of the inferior court,
aud then only after said court or Judge
shall have examined and considered the
record and assignment of errors, and Is
satisfied that there il error i'll the same, or
that it presents point proper for the
consideration of the supreme court OF APP
pealS.
Z. lffrom any cause a vacancy shall oc-
cur in the supreme court OF appeals, Inc
Governor shall issue Il writ of election TO
ill such vacancy at the next general cleo
ton for the residue of the term, and IN
the meantime he shall fill such vacancy
by appointment until Il Judge is elected
and qualified. But ifthe uncXpired term
lie less than two years the Governor shall
I'LL such vacancy by appointment for tile
MncXpired 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 lemov-
al; their duties and compensation shall be
prescribed by law.
o. There shall he at least two terms OF
the supreme court of appeals held annu-
ally. at such times and places Is may be
prescribed by law.
CIRCUIT COURTS.
10. The State shall he divided into
thirteen circuits. For the circuit herein
after called the first, two judges shall be
elected, and for each of the other circuits
one Judge shall he elected by the voters
thereof, Each of the judges so elected
shall hold his Office for the term of eight
years, unless sooner removed in the man
ncr prescribed in this constitution. The
Judges of the circuit courts in office when
this article takes effect shall remain there
in until the expiration of the term Tor
which they have been elected III the CIR
cults in which they may respectively re-
side, unless sooner removed as aforesaid.
\ vacancy i'm the office of Il judge OF the
circuit court shall be filled in the same
manner rs is provided for i'll any case OF Il
vacancy in the office of a judge of the SUI
prcme court of appeals. During his con-
tinuance in Office the Judge of circuit
court shall reside in the circuit of which
he is judge. The business of the first cir
cult may be apportioncd between the
Judges thereof, and such judges may hold
courts in the same county or i'll different
counties within the circuit ut the SalHc
time or at different times, as may be pre-
Scribed by law.
IL. 4 circuit court shall be held in ev-
cry county in the State ut least three
times in each year, and provisions may
be made by law for holding special terms
of said court. A judge of any circuit
may hold the courts i'll another circuit.
II. The circuit court shall have the
supervision and control of all proceedings
before justices and other inferior tribu-
mails, by mandamus, prohibition and GER
liorari. They shall, except in cases con-
fined exclusively by this constitution to
some other tribunal, have original ard
general jurisdiction of all matters at law
where the amount of controversy, eNclu-
sive of interest, exceeds fifty dollars; of
all cases of habeas corpus, mandamus.
quo warranto and prohibition; and all
, Uses in equity, and of all crimes and mis-
'lemeanOrs. They shall have appellate
jurisdiction in all cases, civil and crimi-
nal, where an appeal, writ oferror or
superseleas may be allowed to the judS-
meat or proceedings of any inferior tri-
bunal. They shall also have such other
jurisdiction, whether supervisory, orig
inal, appellate or concurrent, as is or may
be prescribed by law.
IL. Until otherwise provided by law,
the State shall he divided into the follow
ing circuits: The counties of Brooke,