Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-09-11

thereto. HAT At lngabe and the same - neGe-
by ptopo-ed a. embodiment 70 he Constitution Of
ihr STATE. fo-wt: That article eight Of said Consti-
tuition AZ it uow IS he stricken OUT. aud the follow
Ing lie inserted ia lies thereof:
AsTIcLE VIII.
JcptcIAL bEFAETxEsr.
I. The Judicial power az the state ahsll be vested
supreme Court u Appeals. IN CiIcrit Counts,
and The Judges Thereof in such inferior tribunals a.
ore herein authorized, and in justices Of the Peace
scFaEME COURT or ArrEALs.
,: The supreme Court Of Appeals shall consist Of
four judges any three Of whom shall he quorum
for tAe transaction of business. They shall be elected
by the voters Of the state, and bold their Office for
the term twelve years, unless removed in
the manner prescrbed by this Constitution, except
that the Judges Office when this article takes effect
lhali remain therein until the expiration Of their
g. II shall have original jurisdiction in cases Of
ha5e1s ooJa@, mmidgaaus and prohibition it shall
have appellate jurisdction ~ civil case. where the
matter in controversy exclusive costs il Of greater
value Of amount than one hundred dollars; IN con-
trgveTltS concerning the tleor boundaries 0fland,
.he probate Of wills, the appointment or qualification
az personal REPRESENTATIVE, guardian, committee
curator; or concerning n MILL road, way ferry or
landing; the right Of corporation or county TO
Levy tolls or taxes and also in cases OF qb9 trarrto
habeqs corpus, aandaDHs certi0rolt and prohibition,
and in cases involving freedom or the constitution
atty Of a law 1t shah have appellate jurisdiction
In criminal cases whore there EEs been o conviction
for felony or misdemeanor IA circuit Court, ana
where conviction has been had in any inferior
court and been sil rIned in Circuit Court, and In
cases relating to the public revenue, the right of
appeal shall belong to the state well as TO the de-
PENDANT, and such other appellate jurisdiction, in
both civil and criminal cases as may be prescribed
by law.
A. No decision rendered by the Supreme Court of
Appeals shall be considered as binding authority up
any OF the inferior courts Of this state except IN
the particular decided unless such decision Is
concurred by at least three judges of said court.
5. When judgment or decree is reversed or at
frmed by the Supreme Court Of Appeals, every point
fairly arts ng upon the record Of the case shall be
considered and decide /; and the reasons therefore
shall be concisely stated in writing, and preserved
with the record Of the caee and shall be the duty
of the court to prepare abus Of the points adJu
dicated in each case concurred in by three OF the
Judges thereof, which shall be piedxed to the pub
lished report OF the case.
6. writ Of error supersedeas or appeal shall be
allowed only by the Supreme Court Of Appeals or
Judge thereof upon petition assigning error in the
Judgment proceedings of the inferior court, and
then only after said court Judge shall have ex-
of errors and is satisfied that there is error in the
same, that it presents point proper for the con-
alteration Of the Supreme Court Of Appeals.
z. If from any cause vacancy shall occur IN the
Supreme Court OF Appeals the Governor shall issue
a writ Of election to fill such vacancy at the next
general election for the residue of the term and in
tho meantime he shall fill such vacancy by appoint
ment until judge is elected and qualified. But If
the pired term be less than two years the Coy
ernor shall ell such vacancy by appointment Tor tho
unex PRED term.
s. The officers of the Supreme Court Of Appeals.
except the reporter shall he appointed by the coart
or in vacation by the judges thereof with power Of
removal their duties and compensation shall be pre-
scribed by law
O. There ssall be at least terms Of tho Supreme
Court of Appeals held annuity st saeh tiIars AM
places may be prescribed by law.
CIRCUIT coUKr.
TO- The State shall be divided int thirteen Or
cults For the circuit hereinafter called the first,
two judges shall be elected and for each Of the oher
circuits one Judge shall be elected BY the voters
thereof Each judges 80 electei shall hold his
office the term of eight years, unless sooner re-
moved in the manner prescribed in this constitution
The judges Of the circuit courts in ofiee when this
article taxes effect shall remain therein until tho
expiration OF the term for which they have been
elected in the circuits in which they respectively re-
d % soon So gnd Fem " az res &
filed in the same manner as ~ provided icr N any
case Of vacancy IN the Office OF Judge OF the gu
preme Court OF Appeals during ms eohtin ulilce IN
office the judge Of circuit court shall reside IN the
Circuit Of which hu Is juds7. The business OF the
first circuit may be apportioned eGtWeeR the Judges
there Of. and such Judges may hold courts II the
same county or in different counties within tbs cir
cult at the same time or at different times, IS may be
H. circuit court shall be held in every county
in the State at least three times in each year, ana
provisions may be made by law for holding special
terms OF said court. judge Of any court may hod
the courts in another circuit.
u. The circuit court shall have the supervision
and control of all proceedings before justices and
other inferior tribunals, by Dadnddmts prohloduon
and certjsrari They shall, except in cases confined
exclusively by this constitution TO some other triul-
nal, have original and general jurisdiction oil all
matters at law where tha amount ia controversy OK
elusive Of interest exceeds ATTY dollars OF all cases
Of habs1q c5r, ,aandaslts quo tedrrdno, and prsh-
btop; and All cases in equity and Of all crimes and
| nsdemeanors. They shall have appellate lurlsdlc,
ton in all cases civil and criminal, where an appea
| writ OF srror sup0sededs may be allowed to the
| judgment or proceedings of any inferior tribunal
They shall also have suck other Jurisdiction whether
supervisory original appellate, or concurrent Ss Is Of
| may be prescribed by law.
| l3. Until otherwise provided by law, the state
| shall be divided into the following circuits The
| counties OF Brooke, Hancock, Ohio and Marshal
shall constitute the hrst circuit the counties of Nj
| nongslia, Marion and Harrison, the second the
counties of Preston, Taylor, Barbour, Tucker aAd
| Randolph the thyrd the counties Of Wetzel, Tyler
| Ritchie and Dodfridga the fourth the counties o
| Wood. Writ. and Pleasant the inh; the counties o
Clay Gilmer, Jackson, R1ans and Calhoun the sixth
| the counties of Putnam, kadawha and Mason, tbs
Logan the eighth; the counties of Mcdowell Mercer
| Raleigh, Wyoming and Boone the ninthi the coun'
| Ties OF Greenorier, Monroe, summers FyGtte 'tht
Pooahontas, the tonth; the eoanues OF Upshur
| Lewis BraxtOn Nicholas and Webster, the eleventh
the counties of GRAFT, Hardy, Hampshire, Minear
and P0ndeton, the twelfth; the counties OF Jeher-
| son, Berkeley and Morgan, tho thirteanth
| H. The legislature may realfanss the elrcuie
herein provided for at any session thereof next pre-
ceding any general election Of the judges Of sale
circuits aud alter the year one thousand eight hun
bred and eighty eight, may at any such session, in
| crease or diminish the number thereof
| Is The legislature shall provide by law for hold
ing regular and special terms Of the circuit essrts
where from any the judge shall fail to attend
| or, If in attendance, cannot properly preside
| GENERAL PROVISIONS.
| AL Judges shall be commissioned by the Governor
The salary OF judge OF the supreme Court OF APP
peals shall be two thousand TWO huhdred dollars per
| snnum, and that Of Judge Of the Crssit Court
shall be thousand eight hundred dollars per an
/ mum; and each shall receive the same mileage as
| members OF the legislature. Prorided, That Ohio
county may pay additional sum per spnunl to the
Judges Of the Circuit Court thereof, but such allow
| aaces ahall not DO increased or diminished during
tine term Of Office OF the judges to whom it may save
been made. No judge during his term Of oiee shall
practice the profession OF sV hold other Office
appointment public trust under this or any other
| government and the acceptance thereofshall Vseae
his judicial office. Nor shall he during his eontina-
| ance therein be eligible to any political office.
IT, Judges may be removed fro N Office 10y con-
current vote Of both houses Of the legislature, when
from age, disease. mental or bodily nhrmity OF in-
| Temperance, they are incapable of dischsrgng the
duties Of his Office But two-thirds of all the menu
bers elected TO each house must in such vote
and the cause of removal shall be entered upon the
journal of each house The judge against whom the
| legislature may be about TO proceed shalt receive
notice thereof accompanied with the cause alleged
for his removal at least twenty days before the day
| On which action is proposed to be taken therein.
| IS Tho voters Of each County shall elect clerk
| r. ,t, haga IA hall