Chap. 278.—JOINT RESOLUTION proposing an amendment to section 88 of
the Constitution of Virginia. [H J R 16]

Signed March 23, 1926.

Resolved, by the house of delegates, the senate concurring (2
majority of the members elected to each house agreeing), That the
following amendment to section eighty-eight of the Constitution o!
Virginia be, and the same is hereby, proposed and referred to the
general assembly to be chosen at the next general election of member:
of the house of delegates for its concurrence, in conformity with the
provisions of section one hundred and ninety-six of the said Constitu
tion, namelv:
Strike out from the Constitution of Virginia section eighty-eight,
which is in the following words:

Section 88. The supreme court of appeals shall consist of five
judges, any three of whom may hold a court. It shall have original
jurisdiction in cases of habeas corpus, mandamus, and prohibition;
but in all other cases, in which it shall have jurisdiction, it shall have
appellate jurisdiction only.

Subject to such reasonable rules, as may be prescribed by law, as
to the course of appeal, the limitations as to time, the security re-
quired, if any, the granting or refusing of appeals, and the procedure
therein, it shall, by virtue of this Constitution, have appellate juris-
diction in all cases involving the constitutionality of a law as being
repugnant to the Constitution of this State, or of the United States,
or involving the life or liberty of any person; and it shall also have
appellate jurisdiction in such other cases, within the limits hereinafter
defined, as may be prescribed by law; but no appeal shall be allowed
to the Commonwealth in any case involving the life or liberty of a
person, except that an appeal by the Commonwealth may be allowed
by law in any case involving the violation of a law relating to the State
revenue. No bond shall be required of any accused person as a con-
dition of appeal, but a supersedeas bond may be required where the
only punishment imposed in the court below is a fine.

The court shall not have jurisdiction in civil cases where the matter
in controversy, exclusive of costs and of: interest accrued since the
judgment in the court below, is less in value or amount than three
hundred dollars, except in controversies concerning the title to, or
boundaries of land, the condemnation of property, the probate of a
will, the appointment or qualification of a personal representative,
guardian, committee, or curator, or concerning a mill, roadway,
ferry, or landing, or the right of the State, county, or municipal cor-
poration, to levy tolls or taxes, or involving the construction of any
statute, ordinance or county proceeding imposing taxes; and, except
in cases of habeas corpus, mandamus, and prohibition, the constitu-
tionality of a law, or some other matter not merely pecuniary. After
the year nineteen hundred and ten the general assembly may change
the jurisdiction of the court in matters merely pecuniary. The assent
of at least three of the judges shall be required for the court to deter-
mine that any law is, or is not, repugnant to the Constitution of this
State or of the United States; and if, in a case involving the constitu-
tionality of any such law, not more than two of the judges sitting
agree in opinion on the constitutional question involved, and the case
cannot be determined, without passing on such question, no-decision
shall be rendered therein, but the case shall be reheard by a full court;
and in no case where the jurisdiction of the court depends solely upon
the fact that the constitutionality of a law is involved, shall the court
decide the case upon its merits, unless the contention of the appellant
upon the constitutional question be sustained. Whenever the re-
quisite majority of the judges sitting are unable to agree upon a de-
cision, the case shall be reheard by a full bench, and any vacancy
caused by any one or more of the judges being unable, unwilling, or
disqualified to sit, shall be temporarily filled in a manner to be pre-
scribed by law.

And insert in lieu thereof the following:

Section 88. The supreme court of appeals shall consist of seven,
judges, any four of whom may hold a court. It shall have original
jurisdiction in cases of habeas corpus, mandamus, and prohibition;
but in all other cases, in which it shall have jurisdiction, it shall have
appellate jurisdiction only.

Subject to such reasonable rules, as may be prescribed by law, as to
the course of appeal, the limitation as to time, the security required, if
any, the granting or refusing of appeals, and the procedure therein, it
shall, by virtue of this Constitution, have appellate jurisdiction in all
cases involving the constitutionality of a law as being repugnant to
the Constitution of this State, or of the United States, or involving
the life or liberty of any person; and it shall also have appellate juris-
diction in such other cases, within the limits hereinafter defined, as
may be prescribed by law; but no appeal shall be allowed to the Com-
monwealth in any case involving the life or liberty of a person, except
that an appeal by the Commonwealth may be allowed by law in any
case involving the violation of a law relating to the State revenue.
No bond shall be required of any accused person as a condition of
appeal, but a supersedeas bond may be required where the only punish-
ment imposed in the court below is a fine.

The court shall not have jurisdiction in civil cases where the
matter in controversy, exclusive of costs and of interest accrued since
the judgment in the court below, is less in value or amount than three
hundred dollars, except in controversies concerning the title to, or
boundaries of land, the condemnation of property, the probate of a
will, the appointment or qualification of a personal representative,
guardian, committee, or curator, or concerning a mill, roadway, ferry,
or landing, or the right of the State, county, or municipal corporation,
to levy tolls or taxes, or involving the construction of any statute,
ordinance or county proceeding imposing taxes; and, except in cases
of habeas corpus, mandamus, and prohibition, the constitutionality
of a law, or some other matter not merely pecuniary. After the year
nineteen hundred and ten the general assembly may change the
jurisdiction of the court in matters merely pecuniary. The assent
of at least four of the judges shall be required for the court to deter-
mine that any law is, or is not, repugnant to the Constitution of this
state or of the United States; and if, in a case involving the constitu-
tionality of any such law, not more than three of the judges sitting
agree in opinion on the constitutional question involved, and the case
cannot be determined, without passing on such question, no decision
shall be rendered therein, but the case shall be reheard by a full court;
and in no case where the jurisdiction of the court depends solely upon
the fact that the constitutionality of a law is involved, shall the court
decide the case upon its merits, unless the contention of the appellant
upon the constitutional question be sustained. Whenever the re-
quisite majority of the judges sitting are unable to agree upon a
decision, the case shall be reheard by a full bench, and any vacancy
caused by any one or more of the judges being {unable, unwilling,
or disqualified to sit, shall be temporarily filled in a manner to be
prescribed by law.