The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1880-08-18
ARTICLE VII


ARTICLE VIII,
JUDICIAL nEPARrAENT.
/. 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 ati-
tborized, and in justices Of the peace.
srrRENg coulr or AppEAls.
Q. The supreme court of appeals shall
consist OF four judges, any three OF whom
shall be quorum for the transaction OF
business. They shall be elected by the
voters OF the State, and hold their office for
the term OF twelve years, unless sooner re-
moved in the manner prescribed by this
Constitution, except that the judges in of
flee when this article takes effect shalt re-
main therein until the expiration OF their
present term Oh office.
3. 1t shall have original jurisdiction IN
cases OF hdbFds corpus, mdiaiUDutS and pro-
hibition. Itshall have appellate jurisdic-
dicti0n in civil cases where the matter in
controversy, exclnsive OF costs, isof greater
value or amount than one hundred dollars;
in controversies concerning the title or
boundaries Of land, the probate OF wills,
the appointment or qualification OF per-
sonal representative, guardian, committee
or curator; or concerninga mill, road, way;
ferry or landing; or the right OF d corpora
ton or county to levy tolls or taxes, and
also in cases OF quo TdTdato, hdbedS cor
pms, mdnddnnS, certimtri and prohibi-
tion, and in cases involving freedom or
the constitutionality OF law. 1t shall
have appellate jurisdiction in criminal
cases where there has been a conviction
for felony or misdemeanor in circuit
court, and where conviction has beeil
lad in any inferior court ind been affirmed
In circuit court, and in cases relating to
the public revenue, the right OF appeal
shall belong to the State aus well ~ the de-
fendant, and such other appellate jarstie-
ton, in both civil and criminal cases, rs
may be prescribed by law.
| 4. No decision rendered by the supreme
court OF appeals shall be considered as
bindingautlofity upon any OF the inferior
courts OF this State, except in the particu-
lar case decided, unless such derision is
concurred in by at least trse juslges OF
said court.
.. When a 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 he considered
and decided; and the reasops therefor
shall be concisely stated in wr5tEng, and
preserved with the record OF the case; and
it shall be the duty of the court to prepare
a syllabus OF the points attjudicatet in
each case concurred IN by three OF the
judges thereof which shall be prefixed to
the published report of the case.
9. \ writ OF error, S,persedeaS or appeal
shall be allowed only by the supreme court
OF appeals or a judge thereof, upon a petit
ton assigning error in the Judgment or
or proceedings OF the inferior court, and
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 il
presents point proper Tor the considera-
| ton OF the supreme court OF appeals.
4 II iron. any cause vacancy shall oc-
cur in the supreme court OF appeals, the
Governor shall issue writ of election to
fill such vacancy at the next general elec.
ton for the residue OF the term; and in the
meantime he shall fill such vacancy BY
appointment until q Judge is elected and
qualified. But il the unexpired term be
less than two years the Governor shall fl
fsucl yacancSsby appointment Tor the un,
expired term.
.. The officers otthe supreme court o.
appeals, except the reporter, shall be ap'
pointed by the court, or, in vacation by tn.
Judges thereof, with power. OF removal
their duties and compensation shall be
prescribed by law.
D. There shall be at least two terms o
tne supreme court OF appeals held annu
ANY, ut such times and places as may be
prescribed by law.
CIRCUIT corprs
49,
| ~. The state shall be divided into thir
teen circuits. For the circuit hereinafter
called the hrst, two Judges shall be elected
Z ana t9r each OF the other circuits one ludg,
shall be elected by the voters thereof
Each OF the Judges so elected shall holt
ms Office Tor the term OF eight years, unles
sooner removed IN the manner prescribet
IN tins constitution. The Judges OF thu
circuit courts In office when this article
takes effect shall remain therein until thu
expiration OF the term for which they havt
been elected in the circuits in which the!
may respectively reside, unless sooner re
moved as aforesaid. \ vacancy in the OF
nee Of Judge oil the circuit court shall b,
N y