Year: 1872

I ton goes into operation, grearrange the cir,
i cults, but the number of circuits shall not
then be increased, and no Encouragement of
| the circuits shall have the effect of removing
Judge from Office. After the census of 1880,
it may Increase the number of circuits so as
not to exceed one circuit for every fifty-fve
thousand. inhabitants of the State


16s The Legislature shall provide by law
for holding. circuit courts where from any
cause the Judge shall fail to attend, or if in
attendance cannot properly preside


GENERAL PROVISIONS.


II. All judges shall be commissioned by
the Governor. The salary Of the Judges of
the Court of Appeals shall be twenty.fiy
hundred dollars per annum. and that of the
! judges of the Circuit Court shall be two thou
sand dollars; and each shall receive the same
| allowance for necessary travel. as members of
the Legislature. No judge during his term
OF office shall practice the profession of law,
or hold any other office, appointment or public
trust under this or any other government and
/ the acceptance thereof shall vaeate his iudi>
cial Office; nor shall he, during his ccontin-
uance therein, be eligible to any political
Office = @ $500
| IL. Judges may be removed from Office by
concurrent vote of both houses of the Leg,
islature, where from age, disease, or mental
or bodily infirInity they are incapable of dis.
charging the duties of their Offices. But two.
thirds ofthe members elected to each house.
must concur in such vote; and the cause of
removal shall be entered upon the journals Of
each The judge against whom the Legisla
ture may be about to- proceed shall receive
notice thereof. accompanied with the causes
alleged for his removal, at least twenty days
before the day on which either House of the
Legislature shall act thereupon


| IL. The judges of the Supreme Court of
| Appeals of the Circuit Courts, and all other
officers OF this State, may be impeached for
administration, corruption incompetency.
neglect of duty. or any high crime or misde-
meanor. The House of Delegates shall have
the sole power of impeachment; the Senate
shall have the sole power to try impeach>
ments. when sitting as a court of impeach-
ment. the President of the Supreme Court of
Appeals. or if from any cause i. be improper
for him to act, then any other Judge of that
court, to he designated by it, shall preside
And the Senators shall be on oath op afirma
ton; aud no person shall be convicted with>
out the concurrence of two>thirds of the
members present. Judgment in cases of
impeachment shall not extend further than
the removal from office, and the disoualfica-
tion to hold any Office of honor, trust or proft
under the State; but the party convicted shall,
nevertheless, be liable aud subject to ipdict-
men', trial, judgment aud punishment. ac>
cordIns to law. The Senate may sit during
the recess Of the Legislature for the trial of
inneachments.


20. The voters Of each county shall elect
a clerk of the circuit court, whose term of Of
fce shall be six years his duties and cont
pensatlon and the mode of removing him frem
otlice shall be prescribed by law; and when a
vacancy shall occur in the Office. the Judge OF
the Circuit Court shall appoint a clerk; who
shall discharge the duties of the Office until
the vacancy is filled. In any case in respect
to which The clerk shall be SO situated as to
mako it improper for him to act. the court
shall apnnint substitute


Il. The clerks of the Circuit Courts and
the clerk of the Supreme Court of Appeals.
shall, under such regulations as may be pres
scr,bed by law, make annual report of the
Auditor, exhibiting the number of suits COM
menced; pending and decided in their respec
tive courts, and the number of days the courts
were in session during the year, which shall
be condensed by said officer, and made part
of his annual report to the Legislature.


22. AT every regular election of a Cover.
nor, an Attorney General shall be elected
lie shall be commissioned by the Governor
and shall perform such duties and receive such
compensation as may be prescribed by law


23. Wherever the Legislature is prohibited
by this Constitution from doing any particular
act, and the same shall be done in violation of
such express prohibition, it shall be the duty
OF the courts; upon proper case presented
before them, to declare such act null and void


"a The Legislature may establish courts of
limited Jurisdiction within any incorporated
town and city, subject to appeal to the Circuit
Courts, as prescribed in appeals from the
county court


%. Writs shall run in the name of the
State of West Virginia. Indictments shall
conclude '.against the peace and dignity of
the State"


26. The Legislature shall not bv any act
take from the people their right to elect their
own officers as the same is prescribed in this
Constitution; nor shall it confer upon apy
court or judge the powerv disappointment to
othce further than the same IS herein provided
for.


COUNTY COURTS.


81 There shall be in each county of the
State county court which shall be composed
of the president and two justices of the peace.
except when by this Constitution the presence
OF a greater number is required. 1t shall
hold only four regular sessions each year for
the trial of causes, and for the transaction of
the other business of the court


%. The president of the court shall be
elected'by the voters of the county, and shall
hold his Office for the term of six years. 1t
shall be his duty to attend each term of the
said court, and shall receive for such service
four dollars for every day he presides in court,
to be paid from the county treasury He shall
also perform such other duties, and receive
suchtcompensation therefor as may be pre-
scribed by law. When from any cause he is
unable to attend as presiding judge, another
justice may be added to make the court, who,
in conjunction with the other two, may desig-
nate one Of. their own number to preside in