South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1880-08-20
IN constitutional Amendment

icrSr 2EsoLS iIoS p->posing 81 a
-nen,l,acn, % Tue Cons,i,r,ioa of tho
Sta
y ,ol.sa by Cse Le3;S sts'-, 81 rcs. 'r.
cliis. ii-o ~; pis u eli sse aeH5e,s ciect-
q % -ses .ioa.e ,s,eeisy th-rtc: That
81 following g saS ,ae same Is hereby
proposed "a az smoeSp.n. TO the Con-
s,.t-tic. ef THIS State. &c wit. Tina, ,r.
tic.e or u. cs said Constitution "a is now
Is bs s'r,ci,on ont. and the following be
iascrte, ia 'iep thereof:
ARTICLE VII.
= 9GCfAr DEPARTMENT.
I. cLe ia iicia! power or lie State
sasa ae vested in = supreme court OF
ssreSs. n circuit courts. end tie judges
thereof, ia saca inferior tribunals o. are
hersin authorised, and in justices OF the
pease,
SUPREME COURT OF APPEALS.
9 The supreme court OF appeals shalt
ocas,st q four judgos, aoy three OF
Wlen shall DO a q1otuin iorths transec.
,iog Of business. They SHALL be elected
by tie vot 80 of the State, and hold their
Cfice FOR i6e term OF twelve years, uu-
less sooner removed In the manner pre-
4criSsd % this constitution, except that
.he Judges in Office when this article
lakes effect shall remain therein until
the expiration OF their present term or
oEilce
3. IL shsll have original jurisdiction
IN Uases ofbc5eTs corpus. rtail,'G,n,ts and
prohibition. IL email have appellate ia.
risJ, cti,n in civil eases WHARF the matter
IN controversy. exclusive Of eosts, is Of
2reater value or amount than one hun
dred dollars, in controversies concern
Ing the title or boundaries Of land, the
r-oSate os wills, the appointment or
Gusliicai ION Of a PERSONAL represents
tive, guardian, committee or curator; or
concerning n mil, road, way. ferry or
landing or the right CT q corporation
cr county TO levy tolls or taxes. and al :.
so III CAGES OF gKo pGrroHio, hlSbcds cor
par, muRo!1nes, ccrtiorori and prohibi-
ton. aal IN cases involving freedom or
the constitG,ionhlify o! law. 1t shall
have srpcliste Jurisdiction in criminal
cr.c9 where there has been a conviction
fgr felony or rnislemeanoi in a cirvui.
court, and where q Conviction has been
had IN coy inte.ior court and been az
hrmed ia q Circuit cOun, and IN cases
r. 2t,ng TO tie public revenue. the right
at appeal shall belong 90 the state 50
vel! "a the defendant, and such other
appellate Jurisdictions, In both civil
aud criminal cases, az may be prescrib.
ed by Law.
4. No decision rendered. by tho su-
I ne Court OF aEpea's shall he consid-
ereu ~ binding authority upon .ny CT
the inferior courts OF this state, exccpt
Ia The particular case decided, ualess
sich decision - conunrred IN by al !oas,
tlrec uigcs Of said CONT;
8. hen jud sment OF decree Is rever-.
ed or stTirnei ~ tho supreme court OF
appeals, every point fairly ,itisin2 upon
th. reuord OF the case shsii he oonsiA-
ercl and decided sra Tho reasons there
Of shall be concisclr statci ia writing
" presses sei with tho record o! TIE case
sai 1t sEal. "a la duty of no conyt %
ucapars s sy!labgs o. the points s,iiu-
o'caiei IN each case ccpourred. in, h.
three OF Che Judges thereof. WHICH shall
% preAsca TO tue published report OF
the case.
s. a wait Of error, stlpe.sefco, or ap-
peal shall be aIlo0od only Nv the SUI
pre,ae court OK appeals or a Judge there
~, u?cn a petition assigning error In
TIE jG1gEcE: or proceedings OF the in.
ferjor coart, saa then only after sa;d
court or jndge shalt have examined and
considered tia record and assignment
u errors, and - satidilad that there is
error 10 the same, or that il presents
point PROPER for the consideration OF the
eupreme court OF appeals.
Z. II from any cause vacancy shs)l
occur IN the snrtemc court OF appeals,
3he Governor shall ssuc a writ OF cleo
ton 70 Al suoh vacancy =. tho next
general election for toe resiine % The
term; anil in the meantime he shall Gil
srol yacency nv appointments until
judge q, elected and qnsllaci. Bot II
.be unexpired term be less ,han two
yCars the Governor ehail ell such vacan
C. ny appointment for the unexpiTed
term.
8. The officers 0. the supreme court
OF appeals, except the reporter, shall be
ap0oiDtcd hy the court or, IN vacation
by the JUICES thc'cof, with power OF re-
morr!, their duties and compensation
5hs.i he prescribed by law.
>. There shall DO at least two terms
u the supreme court or Appeals held
annually, at sueh times and places az
may be prescribed by Law.
CIRCUIT COURTS.
10 The State shall DO divided into
thirteen circuits. Foe the circuit here.
insf er called the first, two judges shall
be elected, and Tor each Of the other cir.
cults ono judge shall be slectcl By the
voters thereof. Each Of TIE judges co
elected SHALL hold his Office for the term
o. eight years. uIless sooner removed
in tho manner prescribed IN this copJti-
tuition. THE judges ofthe circuit courts
IN Office wien this article takes effect
shall remain thorc.n until the expira-
ton q the term FOR which they have
been elected IN Che circuits IN which
they riay respectively reside. unless
soon removed rs Aforesaid. 4 vacancy
IN flo pu.~a ri a fuEo.n ~ a.. ~--c..ts