The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1880-09-01

d SUITE iOfWlEi lliul hIlltlt ,tlHul Di kllu
Constitution as it now Is be stricken out,
and the following be inserted in lieu there
!oE
ARTICLE WIN.
JUDICIAL DEPARTMENT.
\ h The judicial power Of the State shall
be vested in supreme court Of appeals, In
circuit courts, and the judges thereof, in
such inferior tribunals as are herein au-
thorized, and in justices Of the peace.
SUPREME COURT or aPPEAIs.
q The supreme court Of appeals shall
consist ii four judges, any three Of whom
shall be quorum for tie transaction OF
business. they shall be elected by the
voters OF the State, and hold their Office for
the termof twelve years, unless sooner re-
moved in the manner prescribed By this
Constitution, except that the judges in Of
| fee when this article takes effect shall re-
main therein until the expiration Of their
present term Of Office.
5. IL shall have original Jurisdiction in
cases Of dabeds corpus, ntdnddmus and pro-
Inhibition. II shall have appellate jurisdic-
diction in civil cases where the matter in
controversy, exclusive Of costs, isof greater
value or amount than one hundred dollars;
lin controversies concerning the title or
boundaries Of land, the probate OF wills,
the appointment or qualification OF a per-
sonal representative, guardian, committee
or curator; or concerning a mill, road, way,
ferry or landing; or the right OF corpora
ton or county to levy tolls or taxes, and
also in cases OF quo udrranto, hdbeas cor
Pils, mdndam,ts, ceztiorari and prohibi-
ton, and in cases involving freedom or
the constitutionality OF a law. 1t shall
have appellate jurisdiction in criminal
cases where there mas been conviction
Tor felony or misdemeanor in a circuit
court, and where conviction has been
had IN any inferior court and beenaffirme
IN circuit court, and in cases relating to
the public revenue, the right oil appeal
shall belong to the State as well as the de-
iendant, and such other appellate lurisdic-
lion, IN both civil and criminal cases, as
may be prescribed by law.
Il T. NO decision rendered by the supreme
court oil appeals shall be considered as
pmdlng autnorlty upon any oil the INFERIOR
courts OF this State, except in the particu-
lar case decided, unless such decision is
concurred in by Mt least three judges Of
said court, M
o, when Judgment or decree is re-
Versed or affirmed by the supreme court OF
appeals, 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
7 preserved with hereford OF the case; and
1t shall be the duty oil the court to prepare
| n GvIIQhug tho lrNNintd HfnQtpl
each case concurred in by three oil the
judges thereof, which shall be preiixed to
the published report of the case.
4. u. A writ OF error, sllperseaeds or appeal
shall be allowed only by the supreme court
OF appeals or judge thereof, upon petit
or nroceed;nSs If Tho ;nfar;oyr e conrt on al
then only after said court or Judge shall
have examined and considered the record
and assignment OF errors, and is satisfied
that there is error in the same, or that 1t
presents point proper for the considera-
ton OF the supreme court OF appeals.
Z, III IRON any cause vacancy shall oc-
cur in the supreme court OF appeals, the
Governor shall issue q writ oil election to
I'LL such vacancy at the next general cleo
ton Tor the residue OF the term; and in the
meantime he shall fill such vacancy by
Iappolntment until q Judge Is elected and
qualified. But If the unexpired term be
less than two years the Governor shall fill
such vacancy by appointment for the tln-
expired term.
, d, The officers OF the supreme court. OF
.fappeals, except the reporter, shall be APP
pointed by the court or, in vacation by the
Judges thereof, with power of removal;
their duties and compensation shall be
prescribed by law.
y. There shall be at least two terms oil
the supreme court OF appeals held annu-
ally, atsuch times and places as may be
prescribed by law.
sfe c,,c,,,, oo,,nrs
IN. The State shall be divided into thir-
teen circuits. For the circuit hereinafter
called the first, two judges shall be elected,
and Tor each oil the other circuits one Judge
shall be elected by the voters thereof.
Each OF the judges so elected shall hold
his Office for the term OF eightyears, unless
sooner removed in the manner prescribed
in this constitution. The judges OF the
circuit courts in Office when this article
takes effect shall remain therein until the
expiration OF the term for which they have
been elected in the circuits in which they
may respectively reside, unless sooner re.
moved as aforesaid. A vacancy in the OF.
flee OF u judge OF the circuit court shall be
H.. -. a 4. 81