The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-08-14

Jun1CT4L DEPARTMENT,

..- JUDICIAL DEPARTMENT..
!. The judicial power Of the State shall
10 vested in supreme court Of appeals, in
circuit coustF. and the judges thereof, 10
such inferior tribunals rs IRE herein MI
thoised, and in justices OF the peace.
y;F;s:xr COURT OF ATrEALs.
9. The supreme court Of appeals shall
consist Of four Judges any three Of whom
sha'l IN . quorum for The transaction Of
business, They shall be elected Ivy the
voters Of the State, mil hold their office for
the term Of twelve years, unlcEs sooner re-
moved in The mHnnes prescribed by this
constitution, except that The judges in office
WHEN this article takes effect shall remain
therein until the expiration Of their present
term Of office.
3. It shall have original Jurisdiction in
caSca ot habcaa coTTHV, mailtanlMs and
prohibition. Itshall have appellate iaris.
,tictiOn in civil caPea wlcrc tho matter in
controversy, exclusive Of clE.A, is Of greater
value or amount than one hundred dollars;
in controversies conserving the title o.
boundaries Of land, the pFnbntc Of willa,
the appointment or qualification of q per.
sonal representative, guardian, committee
or curator; or concerning a mill, road,
wuy, ferry or laatling; or tho right Of q
corporation or county TO levy tolls or taxes,
and also in cases Of quo wasrantO, hnheas
corpus, manlamu4, ccttiorari and prohibit
tiVn, and in cases involving freedom. or the
constisuitonality Of law. It shall have
appellate Jurisdiction in criminal cases
where there has lEen conviction for fei.
ony or mialemcaGoF IN circuit court, and
where conviction has hrcn had in any in
fesioF court and been affirmed in circuit
court, and in cases relating 10 the public
revenue, the right IL apiral shall belong To
the State aswell M the defendant, and sMcl
otiEr appellate Jurisdiction, in both civil
and criminal cases as may DO prescribed
BY law,
4. No decision rendered by the supreme
court Of appeals shall I've considered as
binding authority upon my Of the inferior
courts Of this State, except in the particu.
lar Gaze decided, unless suCl, decision Is
concusred in by ut least three judges Of
said court.
8. When a judgment or decree is reversed
or affirmed by thesupreme cour; Of appeals,
every point fairly arising upon the record
Of the case shall he considered and decided
and the reasons therefor shall be concisely
stated in writing; anil preserved with tlu
record Of The case; and Il shall he the duty
Of the court TO prepare syllabus OF the
points adiudioatel in cNch case concurretl
In by three Of the judges thereof, which
shall be pretixed to the publ;shctt report Of
the casc.
Q. a writ Of er:oE. RupcrsCdcas or appeal
shall be allowed BY tho supreme court oil
appeals or judge thereof, upon q petition
assigning error in the judgment or pro
etsdiugs Of tho Inferior court, and then
only after said coutt or Judge shall have
examined and considered tho record and
assignment Of errorR and is satisfied tha;
there is error in tho SAME, or TINT il pre-.
cents point proper for the consideration
OF the supreme court Of appeals.
IZTelf from any cause a vacancy. hall
occnr in!the supreme court OF appeals, the
governor shall issue a writ oil election to
iill such vacancy ut the next general cleo
ton for The residue OF the term and in tllt
meantime he shall I'LL slleh vacancy BY
appointment until judge=is elected and
qualified. Bat Il the uneSpirCd term TX
lesa than two ycas the governor shall fll
such vacancy by appointment for the unox.
pircl term.
S. The oilircss Of the supreme court o.
appeals, except the reporter, shall be aP
| pointed by tho court, or, in vacation Of til,
jat!Gts t:e,coi, with power Ct removal
their dHicd and compensation shall be pre-
HcTilHd by Euw.
0. There ahall ip al least two terms q
the supreme court ofappeals held annually
At such tin!ca and places as may be pre-
scribed by Law.
10. The State shall be divided into thir
teen circuits. For the circuit hereinafter
called The first, two judges shHll he elected
and for each 81 tic other circuits one judg'
shalt I've elected by the voters thereof. Eael
Of the Judges 70 elected shall hold his Otlic'
for tho term of eight Year,, unless soone
removed In The manner prescribed in thi
constitution. The Judges Of tho circui
courts IN Office when this article take
effect shall remain therein until the expir
alton Of the term for which they have beet
elected in the circuits in which they mA,
respectively rcSile,unlcAs sooner removes! q
aforesaid. a vacancy in the office Of ;
indge OF the circuit court shall be filed il
tie same manner NJ Is provided for in mn
case Of vacancy In The Office Of judge {
tho supreme court Of appeals. During h
continuance in Office the Judge Of circ,
court shall reside In the circuit OF whic
he is Judge. The business oil the fret eli
cult may be ariortiuncd between tho judge
thereof, and such judges may hold cOurt
In the same county or in different counti'
within the circuit Gt the same time or .
different tilaca, as may be prescribed b
law.
II. 4 circuit court shall b. held in ever
county in the Stale nj least three times |
each year, and provisions may le made b
law Tor holding special termE Of said cot'r
4 Judge Of any circuit muy hold the cUuE
in another circuit.
y. Thu circuit court shall have the 1t
ENrviHion and control Of all proceeding
before justices and other inferior tribunal
by mandmnuF, prohibition and ccrtinrar
They shall except in cases confined excl
sivcl = by this constitution to some OthC
tribunal, have original ard general juri
dictiUM VI all matters ut law where III
amount in controversy, exclusive Of Int,
est, exceeds fifty dollNrs; Of all cases {
hahcas cUrpust t,andamus, quo warrant
and prohibition; AMI all cases in rpHiI.
and Of all crimes and inislc,ueNnor. The
shall have appellate Jurisdiction in nj
: cases, civil and criminal, where m appel
writ Of error or supeaedeas may 10 allOwC
to the Judgment Of proceedings Of ANY II
fprior tribunal. They shall also have sue
other jurisdiction, whether supervisor!
. nriginni anncIlatc. or concurrent. III il 3