Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1880-08-03
ARTICLE VIM.

eight of said Constitution an il now Is he strick
ihsfeof:s -. '"e 'on'W'ns De inserted in lieu
et Ssasilss=. ARTICLE VIII.
JUDICIAL DEPARTMENT.
]. The judicial power of the State shall be
yested IA supreme court of appeals, in circuit
eoprts, and the Judges thereof. In such inferior
Sriounale as are herein authorized, and in JUS
trees eGthe pence.
-s1sfs SUPREME couar OF APPEALs
. The supreme court of appeals she'll con sist
quorum for the transaction of busn sna T re
Insht be elected by the voters of the State. and
held their office for the term of twelve years.
bythis Consultation, except that the judges in
ofhce when this article takes effect shall remain
tnerein until the expiration of their present
term of office.
g. + shall have original jurisdiction in case.
or habtds corpus. n1dndanus and prohibtion II
shallthave appellate jurisdiction in civil cases
where the matter in controversy, exclusive of
hundred dollars; in controversies concsrnim9
the title or boundaries of land, the probate OF
wills. The appointment or qnalifi cation ot a
personal Representative, guardian committee
or curator; or concerning mill, road way,
Terry or Landing: or the right of a corporation
eases of quo so1rranto. habear corpus, maudamus
sertorart and prohibition, and in cases involving
freedom or the constitutionallty OF n law. IL
ehati have appellate jurisdiction in criminal
eases where there has been a conviction for
Ieieny OF mtsdemeanor In n circuit court, and
Where conviction has been had in any inferior
court and been affirmed in a circuit court, and
-
right of appeal shall belong to the State as we'll
= tiie defendant; and such other appellate ii-
may be prescribed BY law. '''e'' DC
a.sNo decision rendered by the supreme court
therity upon any of the inferior court. of this
IA EXCEPT IN the particular case decided
three Judges of said court.
o." hen Judgment or decree is reversed OF
point fairly arising upon The Tsoor9 of tie cess
shall be considered and decided and the rea-
and prsseryed with the record of the case: and
1t shall be the duty of the court to prepare a
syllaens OF the points adiudicatetl in each case
conquered 10 by three of tho Judges thereof
which shall be prefixed to the Published report
of the case.
g. writ of error. suptrssdeas or appeal shall
he allow 60 only by the supreme court of appeals
or lauge therenf, npon a petition assigning cr-
Ior In the Judgment OF proceedings of the in
ferior courts. and then only after said court or
Judge shall have examined and considered the
record and assignment of errors and is satistic6
that there is error in the same, or that il pre-
seots point proper for tho consideration of the
supreme court of appeals.
. 4 1t from any cause a vacancy shall cccur in
She supreme court of appeals, the Governor
shall issue writ of election to I'LL snch va
cancy a6 Inc next general election for the res
idue of the term: and in the meantime he shall
i. such vacancy by appointment until ind go
term be loss than two years the Governor shall
MI sneh vacancy by appointment for the unex-
g. Tho officers of the supreme court of ap-
peais except the reporter shall no appoln ed bv
III.
with power of removal: their duties and com
peasation shall he prescribed by law.
D. ihere snail be at least two terms of the ST.
Preme court of appeals held annually. ut sucl
times aud places rs may be prescribed by law.
CIRCUIT COURTS.
10. The State shnll be divided into thirteen
drst. two jadges shall he elected, and for each
81 the other circuits one judge shall be elected
efected shall hold his office for the term of eight
years, unless sooner removed in the ma nner
ths circuit courts in Office when this article
taxes effect shall! remain therein until the e XIII
ssefsd Of the ne term for which they have been
spectIveiy reside sunless removed as aforc-
sale ;;t vacancy IN the Office of judge of tho
As 70 provided for in any case of a Vacancy in
the Office of a judge of the supreme CONT of APP
Judge of a circuit court shall reside in the cir.
CUT OF which he is judge. Tho business of tho
judges thereof.amd such Judges may hold courts
IN the same county or 10 different counties
within the circuit at the same time or at differ
emit times. as may be prescribed by law
IL eircuit conrt shall be hold in evcry
county in the State at least three times in each
year. and provisions may be made nv 10 W far
holding special terms of said court iudpc of
sny circuit may hold the courts in another cir
IA The circuit court shall have the srparvi-
e ion ana cSntrol OF all proceedings before JUS
tlcss and other inferior tribunals bv n,andu;nus
prohibition and c"rtioruri. They shall except in
cases confined exclusively by this constitution
gem
sral Jurisdiction of all matters at law where the
amount IN con r9versy exclusive of interest,
p"', mandimu': quo toarranto. and prohibition:
and .ll cases in equity. and of all crimes and
mlsdemeanors. They shall have appellat iuris-
dlction in all cases. civil and criminal, Where
anappeal writ of error or superstdeas NAV lie al
inferior tribunal. They shall also have snch
other jurisdiction, whether supervisory, origi-
MAJ apPsaa tie or concurrent, as is may be
ia. Until otherwise provided by law, the
State ! shall be divided into The following CIR
euits; The counties of Brooke. Hancock. Ohio
theeounties of Mon on gala. Marion aud Harri.
!or. Barbour. Tucker and Randolph, the third !;
she counties of Wetzel, Tyler. Richie and bod.
bridge, the fourth: the counties of Wood. Writ,
ana Pleasant, the fifth; tho COMMITTEES of Cav
3limer. Jackson. Roane ard Calhoun, the sixtn;
tho counties of Putnam. Kanawha and Mason
the seventh the counties of Cabeil, WaSne
EinSoln and Logan. the eighth ; the counties of
H ea1e Ell Mf5cet f. Raleigh. Wyomnc and
Hionroe. Summers. Favctte aud Pacahnntas the
ttsenthi the counties of Upshur. Lewis. Braxton,
Nlsnoiaa ara Webster. The eleventh the conn
ties OF Grant. Hardy. Hampshire. Mineral and
Isnauet9n. the twelfth; the counties of Jefier-
H. The legislature may rearrance the circuits
herein provided for at any session thereof nert
said circuits. and after tho wear ono thonsond
eight hundred and eighty eight, may Mt any
thereof. o'i
Is The legislature shall provide Inv law for
'tiu SPECIAL Terms of the Circuit
eonrts, where from any cause the indre sh,iI
fail to attend, or, if in ATTENDANCE, cannot prop
erlY preside. Fp
GENERAL PROVISIONS
IT, All judges shall be commissioned bv tbs
Governor The salary of judge of the snnrcme
court of appeals shall be two ti,ousamd tmo
hundred dollars per annum. and that of ind 90
OF the circuit court shall be one thousand a;uEt
hundred dollars per annum: and each shall re-
eelve the same mileaCe as members of the T o.
islatnre: Brouidsd, That Ohio county NAV INV
an additional sum per annum to The in,Icose ~
the circuit conrt thereof: but such aiiowanco
snail s NOT he recessed or dimi nshed during the
been made. No judge during his TERM my "a naue
shall practice the profession of law or hold any
Sther once, appointment or public trust, nndcr
TINS or any other government, and tho accent