The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-07-31

Constitution OF this State, to wit: That
article eight OF said constitution as it nov
il be stricken out, and the following DO in
Ecrted in lieu thereof,
ARTICLE VIII.
JUDICIAL DEPARTMENT..
/. Tho judicial power OF the State phall
be vested in . auprenc court Of appeals, in
eircuit courts, md the judges thereof, in
such inferior tribunals as are herein an
thosised. and in justices Of the peace.
SUPREME counr OF AprEAIs.
2. The supreme court Of appeals shall
consist Of four judges, my three Of whom
shall 10 a quorum for the transaction oil
business. They shall be elected by the
yO.es Of the State, and hold their Office for
the term Oh twelve years, unless sooner re-
moved in the manner prcscribed by this
constitution, except that The Judges III Office
vixen this article takes effect shall remain
therein until lhcexpiratipn Of their present
term Of Office.
3. I.Shall have original Jurisdiction in
cESca Of habeas corpus, munlaMus and
prohibition. It shall have appellate jnris.
diction in civil cases where The matter in
controversy, exclusive Of cost, il Of greater
value or amount than ono hundred tiniiars;
in controversies concerning the title or
boundaries Of land, the probnte Of wills,
tho appointment or qualification Of n per-
soual representative, guardian, committee
or curator; OF concerning u mill, road.
way, Terry or landing; or tic. RICH, Of u
corporation OF county to levy tolls or taxes,
and slso in cases Of quo warsanto, habpns
corpus martalntls, cttsiorari and prohibit
tioG, and in cnses involving freedom or the
constitUtionaiity Of law. Il shall have
appellate Jurisdiction In criminal cases
whcEt there has been conviction for fel
ony or lnisieneanor IN circuit court, and
where q conviction liGS brcn had III any In
fcriOr court and bcea affirmed in circuit
court, md in oaacs FVlatiDs to The public
revenue, tho right o! appeal shall belong to
the State MS we'll ~ the defendant, md such
other appellate Jurisdiction, in both civil
and criminal Cases, ~ iuay be prescribed
by law,
4. No decision rendered by the supreme
court Of appeals shall be considered as
binding authority upon any Of the inferior
courts Of this State, except in The particu-
lar case decided, ui'ess such decision is
concurrtd in by at lesst three judges Of
said court.
s. When a Judgment or decree is reversed
or affirmed by tlicsupre,nc court Of nppeHl*
every point fairly arising upon the record
OF the case shall he considered and decided /;
and the reasons therefor shall be c0nciSely
stated In writing, and preserved with til
record Of the case; and ii shall he the duty
Of tho court to prepare a syllabus oil the
points nj ludiCated III each case COneNrted
in BY three Of the judges thereof, which
shall be preaxed 10 Tie published report Of
the case.
Q. a writ Of error, supcrscdeaa or appeal
shall be allowed by the supreme court Of
appeals or a Judge thereof, upon n petition
assigning error in the judgment or pro.
tecdiMgs Of the inferior court, and then
only after saiti court or judge shall have
examined and considered the record and
assignment Of errors, and is satisfied tiia,
there is error in the same, or that il pre-.
scnts point proper for the consideration
Of the supreme COURT Of appeals.
I=7.7l from any cause II vacancy shall
occnr In the supreme court OF appeals, the
governor shall Issue n writ Of electiOnfto
ill such vacGncysal the next general cleo.
ton Tor the fcsidne ofthe: term I and in The
meantime 10 shall Ill suah vacancy by
appointment until n judge is elected and
qualified. hut II tho unexpirei term IL
less than two years tho governor shall MI
such vacancy by appointment for the anex-
pred term.
8. The officers Of the supreme court Of
appeals, except the reporter, Bhnil DO NJ.
pointed by the court, OF, in vacation OF the
judgea thereof, with power Of removal
their duties md compensation shall be pre-
scribeti by law.
.. There shall be nj least two terms d
the supreme court ofappcals held annually,
ut such tines and places as may 10 pre-
scribei by law.
CIRCUIT COURTS. G
10. The State shall BE- divided into thir.
teen circuits. For tho circuit hereinafter
called the first, two Judges shall he elected
and for each Of the other circuits one judge
Rhall 10 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 tho manner prescribed in this
constitution. The judges Of the circuit
courts in office when this article takes
effect shall remain therein until tho expir.
alton Of the term for which they have been
elected In the circuits In which they mNy
respectively reSide,unlcSs sooner removed ~
Aforesaid. a vacancy in the office Of q
Judge Of the circuit court shall bc filed in
Tic same MANNER aB is provided for In IN.
case Of vacancy in the otsieo Of Judge q
the supreme court Of appeals. Daring hi
continuance in Office tho judge Of 4 cir cul
court shall reside In the circuit Of whifl
he Is judge. The business Of the tirSt cir
cult may be apportiOned between the judge
thereof, and such judges mAy hold court
in Tho same county or In different cOuntiC
within the circuit at the SINE time or n
different lines, as may Ike prescribed b!
law.
II. A cifcuit court shall lie held in ever.
county in the State at least three times il
each year, anil provisions may he made BY
law Tor holding special ierms Of said court
4 Judge Of any circuit may hold tho court
In another circuit.
u. The circuit court Rhall have the su
TGrviSipu and control Of oil proceeding
before justices and other inferior tribunals
BY mantlamus, prohibition and certiorari
They shall except in cases confined exclu
sively by this constitution to some Othel
tribunal, have original and general iuris
liction Of all mat,era at law where th'
amount in controversy, exclusive Of inter
est, exceeds City dOllarSi Of all cafca o
habeaS corpus, manlNmlis, quo warrant
and prohibition: md all caRes in equity
and Of NIL crimes and mislemcanors. The,
shall have appellate Jurisdiction in al
cacS, civil and criminNl, where an appca