Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1880-08-10

y nereoy proposed rs an ainaudment IN the
eisat of said Constitution as it now is be strick
en- out. and the following be inserted in lieu
ARTICLE VIII.
JCp1c1AL DEPARTMENT
vssted IN q supreme court of appeals, in circuit
co1rts, aud the Judges thereof. iu such Inferior
tribunals as are herein authorized, aud in ms
ttees OF the peace.
SUPREME couaT OF ArPEA1s,
The supreme court of appeals shall consist
OF teur Judges, any three Of whom shall DO a
snail be elected by tho voters of the State and
hold their office for the term of twelve years
BY this Constitution, ex oept that the Judges in
ONCE when this article takes effect shall remain
term of office. '''O" u 'nsir present
g. It shall have original Jurisdiction In cases
shall nave appellate jurisdiction in civil cases
where the matter in controversy, exclusive of
eosts.Is OF greater value or amount than one
hundred dollars; in contro 81 sies conceruine
che title Or boundaries of land. the probate Of
personal representative, guardian c0mmittee
or curator; or concerning mill, road, way,
or county to lew tolls or taxes. md aiso IN
cases of quo 'oarranto. hGbcas corpus rnaudamu.
1sse9om or the G"nstltutienaIlty OF q law. 1t
snam nave appellate Jurisdiction in criminal
felony or m,sdeme.nor IN a circuit court. md
Nhers conviction has been had in any inferior
in relating to the puSlc and and
right of appeal shall belone to the State as wsil
sisdietion. in both civil and criminai cases. as
may be prescribed by law. 40
OF appeals shall be considered as bintine an
shortly upon any of the inferior courts Of this
less such decision is concurred IN bv ut isaut
three indses of said court. 'N''
alarmed by the supreme court of appeals every
point IatriS arising upon the record of the case
sons therefor shall be eoneselv stated in writinr
aud Preserved With the record of the case aud
syllabus of the points Alphabetical in each ease
enncarrett In bv three of the Judges thereof
"h tS Shall be preh1ed TO the published report
8. writ of error supfr,.d.as or appeal shall
or a Judge thereof, upon petition nssIanifn~er
TOT In tho judgments or proceedings of tie in
Judge shall have examined and considered the
feeora and ASSIGNMENT of errors, and is satisfied
tnaI tne'e is error in the same. that it pre-
sents a point proper for the considerable of tho
supreme cnnrt of appeals.
thaa If ir1 from any cause vacancy shall occurin
saan issue writ of election to fill such va
idue Of the term and in the meantime he shall
MI anon vacancy by appointment until indigo
term he loss than two years the Governor shall
M snen vacancy by appointments for the unex-
g.. The officers of the supreme court of sp-
Snespt toe renorter shnil he appointed nv
Judges
pensntIon sh"ll bs prescribed NV law.
.. Ihcre snail be at least two torms Hf tte an
promo co1rt of appeals held annually, at sucl
vines aud places IA may be prescribed by law.
CIRCUIT COURTS.
10. The State snail be divided into thirteen
Sl:cuits- For tho circnit hereinafter ca led the
drst two JadSes snail b" elect ed, and for each
OF the "ther circuits Que judge shall be elected
elected shall hold his office for the torn of eight
years, unless son"cr removed in tho amer
TING circnit courts office wien this article
takes effect shall! remain therein uatil the eIr-
elected in the circuits in which th"v ma re-
speetiveiy reside ,mn less o"nrr removed a. afore
eireHit conrt shall be I'll ell in tilc same n,arner
As - provided for in any at a yncancv in
tne once OF a Judge OF the surren. court of APP
peas. During this continuance in office the
Judge OF a circuit court shall reside in the cir
4rse circult may no apporti"ned between tho
t1aces thereofa"d such Judges may hold conrts
Within the circuit at the sare time or Al differ.
ONT times: as NAV be prescribed nv law.
e"nnty IN the Stare at least three times in ach
S eaI ana provisions may DO made bv law for
snY circuit may hold the courts in epother cir
.le. Tho circuit court shall have =, . .rn,rr;-
sion aud oontfoI ali pr"cecings BE f"ln 1H.
1iees and "ther inferior tribunals. b, mandanms
cases confined exclusively bv this cnosIitutio,,
to some nther tribunal. hnve original and ',"n
q re- thN
amount IN controversy exclusive of Interest.
exceeds fftv dollars, of all cases of habea. cor
end all eases 10 sqnity. aud of all crime. and
H1IisdomeanoTs They shalt have appeiai e iur:s
"a appeal writ of error ,upsrs1dsas NAV lie al
loved to tho indignant proceedings of any
otner 1urisdieton, whether supervisory oriri-
a appeilate: or concurrent. "a is or may be
So. Until hai, 2htne1wise provided by law. the
N Nnc IS
tho counties of Mouoncaia, Marion sud H,rr,,
Tor. Barbour. Tucker and Randolph the iI,ird
me counties of Wetzel, Tyler. Ritchie a nd bod,
aea Peasant. the fifth; the cnnntles of cav
Gilner. Jackson. Roano and Calhoun. the sixt55:
fhe seventh: the counties of Cabeil, W"vne'
LINCOLN and Logan. the eighth /; the count'as Of
Boone the ninth: the connties Of Grcenbri"r
honroc. Summers. Favette and Pncabnntas tho
and Webster ths eIevert bbG" sonm
r,es o. drant' Hardy. Hampshire. Mineral aud
son; Berkeley and Morgan. the thirteenth.
Ia: he legislature may roarTanCe the circuits
praos ding any gensrai election of the indrcs Of
ealn clrcuts and after the wear one thousand
eleht hundred and eighty e,gnt, NAV at any
s shen session. increase or diminish the number
holding regular and snecial erns Of tho circnit
sonrts. where from any cause tho Judge shall
erIy preside. '' .'''p-
GENERAL PROVISIONS.
- 10. All judges shall be commissioned Inv tho
Governor l he salary of n judge of the sunreu,o
court of apueals shall bo two thnnsar,I i've I've
n9nareo collars per anrum, and tina of n ind Pe
or the circuit court shall be one thousand .ivHt
hundred dollers per annum; aud each shall rc
selTe the same mileage as members of the IeS
1slatnre: Proridsd, That Ohio county NAV nav
an additional SUN per annum to the i,Icclp 20" ~
the circuit conrt thereof: but such allowance
snail not be Increased or diminished durinc tbe
O W
been made: NJ judge during his term of nfsice
shsil practice the profession of law or hold onv