The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-09-18

elected 10 each House AGREEING thereto
That the following be and the same is
Hereby proposed NJ M amendment TO the
u this State, to wit: That
article eight Of said constitution ms it now
is bc stricken out, and The following be in.
Ecrted in lieu thereof:
ARTICLE VIII.
JUDICIAL DErAWTMEST.
l. The judicial power Of the State shall
be vested in u supreme court Of appeals, in
circuit courts, and The judges thereof, 10
such inferior tribunals as arc herein au
thorized, and in justices Of the peace.
SUPREME COURT OF ArpEsI.s
2. The supreme court Of appeals ShniI
consist Of four judges, any three OF Whom
shall b. quorum for the transaction Of
They shall be elected by the
voters OF the State, anil hold their office for
the tenn Of twelve years, unlcss sooner re
moved in the manner prescribed by this
constitution, except that the judges IN Office
when this article takes effect shall remain
therein until interpolation Of thtir present
term OF Office.
5. II shall have original Jurisdiction in
cases Of habtas corpus, inandainus and
prohibition. ltshall have appellate jusis.
'siCtiOn in civil cases where The alatlrr in
controversy, exclusive Of costs, is Of greater
value or amount than one hundred tlOllar.;
in controversies concerning the title or
boundaries Of land, the probate OF wilis,
the appointment or qualification Of per-
aOnal representative, guardian, committee
or curator; or concerning n mill, road.
way, ferry or landing; or the right Of a
corporation or county 10 levy tolls or taxes,
and also in cascs Of quo waFrGntO, llabras
corpus, mandamua, Gel tiOrsri and prohibi-
ton, aud in cases involving freedom or the
conslituliUnality OF law. il shall have
appellate jnritdiction in criminal cases
where there has keen q conviction for fel
UnY or misdcmrannr in a circuit court, and
where conviction has Keen had in any In.
teri0F court and LeeE affirmed in circuit
court, and in cases relating 10 the public
revenue, the right OF appeal shall belong 10
the State aS well rs the defendant, and such
other appellate Jurisdiction, in both cisiI
md criminal cases, ms may be prescribed
by law.
1. No decision rendered by The supreme
court OF apreSls shall be considered VI
binding authority upon any Of tile inferior
courts Of this State, except in the particu.
lar casc decided, unless such decision il
in by Mt least three judges Of
said court.
s. When judgment or decree il reversed
or affirmed by the supreme court OF nppeals,
every point fairly arising upon the record
oil the CASE sliallbe considered and decided ;
and The reasons therefor shall be concisely
stated in writing, and preserved with III,
record Of the case; and il shall I've The tluly
Of the courtto prepare syllabus Of the
points adjutlicaicIl in each casc concurrctl
in by three Of The judges thereof, which
shall be prcfxed to the published report Of
the case.
Q. Awrit oil error, sulersedeas or appeal
shall be allowed by the supreme court Of
appeals or a judge thereof, upon a petition
assigning error in the Judgment or pro.
eecdings Of the inferior court, and then
oaly after said court or Judge shall have
and considered the record and
assignment Of errors, and is satisfied that
there Is error in the sanic, or that il pre-.
sents point proper for tho consideration
Of the supreme c0urtci appeals.
ali from any cnlisc vacancy shall
occur in the supreme court OF appeals, the
governor shall issue "a writ OF election 10
lill:stcli vacancy nj the next general elcSz
ti0n for the residue Of the term; aud III the
lie shall I'LL su,h vacancy by
until n Judge is elected and
qHaIiiic,l.. But II the unexrircd term DC
less than two years the governor shall Gil
such vacancy by appointment for the uncx
pired Term.
g. The officers Of the supreme court Of
appeals, except the reporter, shall be ap.
pointed by the court, OF, in vacation oil the
judges thereof, with power Of removal
their duties and compensation shall be pre-
srtillcd by law.
0. There shall be at least two terms Of
the supreme court ofappeals held annually,
al slIcl, times and places rs may he pre-.
scribcd by law. t,=- l-
CIRCUIT COUNTS.
10. The State shall be divided into ttir.
teen circuits. For the circuit hereinafter
called Tie fi;st two judges shall he elected
and for each Of tic other circuits one judge
shall he elected by the voters thereof. Each
Of The iud ges 70 elected shall hold his Office
for the term OF eight years, 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 iherrin until the expir.
alton OF the term for which they have been
elected in the circuits III which they may
respectively reside, unless sooner removed III
atolesaid. 4 vacancy IN tho office Of n
Judge Of the circuit court shall lie filed In
the same manner MS IL provided for In m,
case Of vacancy In the office OF Il Judge 0
the supreme court Of appeals. During Iii
continuance in Office the Judge Of cir cui
c1urt shall reside in the circuit Of wllicl
he Ia judge. The business Of the tiRt Cir
cult may be apportionCd between the judge
thereof, and such judges may hold court
In the same county or In different cOuntit
within the circuit at the same time or. d
different times, rs may be prescribed J.!
law.
II. a circuit courtshaIl bc held in ever,
county In the Stale ut least three times II
each year, md provisions may BE- made b,
law for holding special terms Of said court
4 judge Of amy circuit may hold the court
in another circuit.
u. Ths circuit court shall have the su
pervisioH and control Of all proceeding
before justices and other inferior tribunals
by mai.d2mas, prohibition and certiOrari
They shall except In cases confined cxelu
sivcly by this constitution TO some uthel
tribunal, have original anl general juriS
'liciion Of all matters at Inv where TIT
amount in controversy, exclusive Of inter
eat, exceeds fifty dollars; Of Nil cases o
hAleus corpus, mandamus, quo warranlt
and prohibition: md all cases In equity
aud u nil crimes and misdCmcanOrs. They
FhnIl have appellate Jurisdiction III MI
tIUEHR nit.ti ,n,1 nrtN,tNt1 yvI,nr.l nt, Nnt1auI