South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1880-09-03
The constitutional Amendment

SoISr REsoLurioS proposing al g.
mendment TO The Constitution OF Tho
State.
Resoio-d by Tao Le5isictlsrs OF Ives, Var.
rie.ia, f,ro-fh;rds OF aii The nekeIers eiec;-
Ell 20 e,ch Hosse 0gSeessg thereto. That
the following tc and the same is her eby
proposed as an amendment TO the Con-
s,itution or this State. TO wit: That ar.
,icle eight of said Constitution as it now
is he stricken out, and The following cc
inserted in lieu thereof:
ARTICLE VIII
jrpfcrAL DEPARTMENT.
/. The judicial power or the State
shall be vested in supreme court OF
appcale, in circuit courts. and the judges
thereof in such, inferior tribunals as are
herein authorized, and in justices OF tho
peace.
SUPREME ccURr OF APfsALs.
2. The supreme court OF appeals shall
consist OF four judges, any three Of
whom shall be quorum FOR the transac-
ton or business. They shall be elected
by the voters or the State, and hold their
Office for the term OF twelve years, up-
less sooner removed in the manner pre-
scribed by this constitution, except that
the judges in Office when this article
takes effect shall remain therein until
tho expiration OF their present term OF
office.
8. 1t shall, have original jurisdiction
in cases OF habeos corpus, mdt,5ortus and
prohibition. II shall have appellate ~.
risdicticn in civil eases where the matter
in controversy. exclusive OF costs, is OF
greater value or amount than one hun
dred dollars; in controversies concern
ing the title or boundaries OF land. the
probate OF wills, the appointment or
qualification OF personal representa-
tive, guardian, committee or curator or
concerning q mill, road, way, ferry or
landing or the right OF q corporation
or county TO levy tolls or taxes, and al
so in cases OF quo ,cdrrGRto, hdJe0s cor
pms, r1aRddn1us, ccstiofdri and prohibi-
ton, and in cases involving freedom or
the constitution atty OF law. 1t shall
have appellate jurisdiction 10 criminal
cases where there has been conviction
FOR felony or misdemesnor IN Circuit.
court, and where a conviction hiss been
had In any inferior court and been az
tirined In circuit eourt, and in csees
relating TO the public revenue, the right
OF appeal shall belong to tie State as
well as the defendant, and suck other
appellate Jurisdiction, In both civil
and criminal cases. as msy be prescrio.
ed by Law.
A. No decision rendered by The su-
prctns court OF appeals shall be consid-
cred rs binding authority upon any OF
the inferior courts OF this Stats, except
in the particular case decided, unless
such decision ia concurred in by at least
thrce judges Of said court.
5. When judgmcn. or decree Ia revere.
ed Or affirmed by the supreme court OF
appeals, every poin, fairly arising npon
tho record OF the case shall be consid-
cred and decided and the reasons sherc.
Of shall be concisely stated in writing.
q preserved with the record Of shs case
and ii shall be the duty OF tho court 20
prepare a syllabus of the points adiu.
Dictated in each case concnrred in nv
three OF tho judges thereof which sbsiJ
be preil1ed 10 the Published report OF
the case.
6. a writ Of error, Superse9eas or ap-
peal shall be allowed only ny the sn-
preme court Of appeals or Judge there.
or, upon petition assigning error In
the Judgment or proceedings Of The in.
ferior court, aTa then only after Rxid
court or judge shall hsvc examined AID
considered the record and assignment
OF errors, and is eatisfied that there i.
error in tie same. or that IL presents a
point proper for the consideration OF tlss
supreme court Of appeals.
Y II
occur in the supreme court Of appeals,
the Governor shall issue 9 writ OF cleo
ton TO fill such vacancy AZ the next
general election for The residue of tho
torn and in the rneantirse ne shall fill
sucE yacsncy by appointment until
judge is elected and qualified. nnt II
the unexpirod term be less thas two
years the Governor ehsll Gil sucs yacaf
cy by appointment for the usezpircd
term.
8. The officers o! the supreme couri
OF appeals, except the reporter, shall DO
appointed ny the court. or. in vacation
by tho judges thereof, with power OF re-
moval; their duties anil compensation
shall he prescribed by Iaw.
o. There shsil &c az least two terms
or the supreme court OF Appeals held
annually, at such times and places rs
may be prescribed hy lar.
=, CIRCUIT COURTS.
10 The State shalt DO divided into
thirteen circuits. FOR Inc circuit heres
inaf or called The Grst, tro jr1ees shall
be elected, and Tor each OF the other cir.
cults ono judge shall 10 slected by tho
voters thereof. Each q ire judges 90
clecte shall hold Biz of9cs fot tho term
OF eight years, unleas sooner removed
in the manner prescribed IN tais consti.
tution. The Judges of the circuit cohr's
in Office when this article takes effect
shall remain therein until tie evpirq-
ton Of the term Tor which thoy have
been elected ia the circuits In when
they msy respectively reside. unless
soon renewed ne aforesaid. A vacancy