Civil Government of Virginia

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VIOLATION OF THE REVENUE LAWS is a violation of any of the laws
made for the levying and collection of taxes. There is a tax upon
the selling of certain articles, such as liquors and tobacco, and
if a person sells such articles without paying the tax, it is a
violation of the revenue laws.

A CODE is a collection of the laws of the State or country. The
Code of Virginia is a book containing the statute laws of
Virginia. A MISDEMEANOR is any crime less than a felony. (For
FELONY, see page 13.)

Hustings Court of the City of Richmond.

Judge elected by the General Assembly for a term of eight years.
Salary, $3,500.

Qualifications. Same as those of a Circuit Judge. Terms. Held
monthly except the month of August.

HUSTINGS is the name given to a court formerly held in many cities
of England, and applied specially to a court held within the City
of London before the Lord Mayor and other magistrates.

Jurisdiction. Exclusive original jurisdiction of all presentments,
indictments, and informations for offences committed within the
corporate limits (except prosecutions against convicts in the
penitentiary); concurrent jurisdiction of all presentments,
indictments, and informations for offences committed within the
space of one mile beyond the corporate limits on the north side of
the James River, and to low-water mark on the south side of James
River; concurrent jurisdiction with the Circuit Court of the City
of Richmond of actions of forcible or unlawful entry and detainer;
exclusive jurisdiction of all appeals from the judgments of the
Police Justice's Court, all causes removable from said court, all
proceedings for the condemnation of land or property for public
use, all motions to correct erroneous assessments.

CORPORATE LIMITS are the limits or boundaries of the area over
which the corporation has jurisdiction. Here the phrase means the
boundaries of the city of Richmond.

PROSECUTIONS AGAINST CONVICTS are prosecutions against convicts
(prisoners) for crimes committed within the prison. All such
crimes are tried in the circuit court of the city of Richmond.

CAUSES REMOVABLE FROM SAID COURT (police justice's court) are
cases that may at the request of the parties concerned be taken
out of that court and tried in another court.

The CONDEMNATION of land or property for public use means the
deciding by a proper authority (a court or judge) that certain
lands must be given for such use. (See page 12.)

An ASSESSMENT is the valuing of property for the purpose of fixing
a tax upon it. If any owner of property in Richmond thinks the
valuation of his property too high, and that therefore the tax is
too high, he may object to the assessment as ERRONEOUS and have a
motion brought before the Hustings Court to have the assessment
CORRECTED.

Chancery Court of the City of Richmond.

Judge elected by the General Assembly for term of eight years.
Salary, $3,500.

Qualifications. Same as those of a Circuit Judge.

Terms. Shall hold four terms each year; but shall always be open
as a Court of Probate.

For explanation of CHANCERY, see page 50, and for PROBATE, see
page 48.

Jurisdiction. Shall exercise, within the corporate limits,
exclusive jurisdiction concerning the probate and recordation of
wills, the appointment, qualification, and removal of fiduciaries,
and the settlement of their accounts; the docketing of judgments;
the recordation of deeds and such other papers as are authorized
or required by law to be recorded; exclusive jurisdiction of all
suits and proceedings in chancery cognizable by law in the Circuit
Courts of the Commonwealth, except such as are specially
cognizable by the Circuit Court of the City of Richmond, and any
duty devolved, or any power or jurisdiction conferred by law on
the Circuit Courts, unless otherwise expressly provided, except as
to matters of common law and criminal jurisdiction.

The RECORDATION of wills is the recording of them in the court in
which they are probated. (For PROBATE OF WILLS, see page 48.)
FIDUCIARIES are trustees or persons appointed to hold property in
trust for others. The DOCKETING OF JUDGMENTS is making summaries
or brief statements of them for the purpose of record. A docket is
a small piece of paper containing the heads or principal points of
any writing or statement.

A JUDGMENT is a sentence or decision pronounced by a court, or a
judge of a court, on any matter tried before it. A DEED is a
written paper containing the terms of a contract, or the transfer
of real estate by the owner to a purchaser. DEVOLVED means
transferred from one person to another.

COMMON LAW is the title given to laws which have not originated in
any statute, but derive their force and authority from having been
in use for many centuries. The common law of England, upon which
the common law of Virginia is based, includes customs of the
people of such long standing that the courts took notice of them
and gave them the force of law. Common law is the UNWRITTEN law;
statute law consists of the laws enacted and recorded by
legislatures.

Law and Equity Court of the City of Richmond.

Judge elected by the General Assembly for a term of eight years.
Salary, $3,500.

Qualifications. Same as those of a Circuit Judge. Terms. Shall
hold four terms each year, beginning the second Monday in
February, May, September, and December, continuing as long as the
business of the Court may require.

For EQUITY, see under Circuit Courts, page 50.

Jurisdiction. Shall exercise within the corporate limits original
jurisdiction concurrent with the Chancery Court (except as to the
probate and record of wills; the appointment and qualification of
fiduciaries; the EX PARTE settlement of their accounts; the record
of deeds and other papers authorized or required by law to be
recorded). Shall have within the same limits original jurisdiction
concurrent with the Circuit Court, except all such suits, motions,
etc., as are specially cognizable by said Court;--has the same
power as to bail, injunctions, etc., as the Circuit Court, and
appeals from its decrees and judgments shall be taken and allowed
as if from a Circuit Court. This Court has no criminal
jurisdiction.

EX PARTE is a Latin phrase signifying from or on one side only. An
ex parte hearing in court would be a hearing taken by one side or
party in the absence of the other. An EX PARTE SETTLEMENT is
settlement made on the application of one party without notice to
the other.

QUESTIONS.

1. Where are corporation courts held?

2. What is the term of office of a corporation's court judge, and
what salary does he receive?

3. What are the qualifications of a corporation's court judge?

4. How often are corporation courts held?

5. What is the jurisdiction of these courts?

6. How long do city judges hold office, and what salaries do they
receive?

7. What does within their respective limits mean?

8. What is the judge who sits in a justice's court called?

9. What is the jurisdiction of justices' courts?

10. Define DAMAGES.

11. Define UNLAWFUL ENTRY.

12. What does unlawful detainer mean?

13. Define DETINUE.

14. Define WARRANT and SEARCH WARRANT.

15. What is a bail-bond?

16. What is concurrent jurisdiction?

17. What is revenue?

18. Define TARIFF.

19. What is the code?

20. What is a misdemeanor?

21. How long is the term of office of the judge of the Hustings
Court of the City of Richmond, and what salary does he receive?

22. What are the qualifications of the judge of the Hustings
Court?

23. How often are terms of this court held?

24. What are corporate limits?

25. What do you understand by prosecutions against convicts in the
penitentiary?

26. What does condemnation of land mean?

27. What is an assessment?

28. What does correcting erroneous assessments mean?

29. For how long does the judge of the Chancery Court of the City
of Richmond hold office, and what salary does he receive?

30. What are the qualifications of the judge of this court?

31. How often does the court meet?

32. Mention some classes of cases in which the Chancery Court has
jurisdiction.

33. What does the recordation of wills mean?

34. What are fiduciaries?

35. What does docketing of judgments mean?

36. Define JUDGMENT.

37. What is common law?

38. For how long does a judge of the Law and Equity Court of the
City of Richmond hold office, and what is his salary?

39. What are the qualifications of a judge of this court?

40. How often and for how long does the Equity Court sit?

41. Tell of the jurisdiction of this court.

42. What does ex parte mean?

43. What is an ex parte settlement?

VII.

OFFICERS OF COURTS.

Clerks.

In all Justices' Courts, the justices are required to make and
preserve their own dockets. The Clerk of the Court of Appeals is
appointed by the court; the Clerks of the Circuit and Corporation
Courts are elected by the people of the county or corporation in
which the court is held. They hold office for a term of eight
years. Salary, fees and special allowances.

Duties. Shall record the proceedings of their respective courts
and issue writs in their name; shall be the custodians of all
papers lawfully returned to or filed in the Clerk's office; shall
perform such other duties as are imposed upon them by law.

The Tipstaff and Crier are the executive officers of the Court of
Appeals.

For meaning of DOCKET, see under Chancery Court of the City of
Richmond. DOCKETS here mean entries in a book giving lists of
names of persons connected with the cases tried, and particulars
of the proceedings in each case. In justices' courts such dockets
are made and kept by the justice himself.

The clerks of the courts mentioned have no salaries. They are paid
by fees and special allowances. For example, when a clerk of court
makes out a writ or bond or a copy of any court document, he gets
a fee for doing it. (See under Secretary of the Commonwealth, page
32.) A special allowance is an allowance (or a grant of money)
made by the court for special work done.

The TIPSTAFF and CRIER are executive officers of the Court of
Appeals--that is, they execute or carry out certain orders of the
court. In some places a sheriff's officer is called a tipstaff,
the name being derived from the custom of such officers bearing a
STAFF TIPPED with metal.

Criers sometimes are appointed for other courts besides the Court
of Appeals. The name is derived from the practice of proclaiming
or CRYING out in court the commands or orders of the judge.

Sheriff.

The Sheriff is the executive officer of the Circuit Court, and of
the Circuit and Chancery Courts of the city of Richmond; the City
Sergeant is the executive officer of the Corporation Courts and
Circuit Courts held for cities, and the Hustings Court for the
city of Richmond; the Constable is the executive officer of the
Justice's Court.

Though the sheriff is an officer of the courts, he is more
particularly a county officer. His principal duties will,
therefore, be found set forth and explained under County Officers
(see page 74). The city sergeant is also a court officer, but his
duties are limited to cities. They are stated and explained under
Government of Cities and Towns. The duties of the constable, who
is a magisterial district officer, are explained under District
Organization.

Commonwealth's Attorney.

Elected by the people at the general election in November for a
term of four years; must reside in the county or corporation for
which he is elected; shall hold no other elective office. Salary,
allowance by the Board of Supervisors and fees.

Duties. Gives legal advice to the county and district officers,
and prosecutes criminals in the Circuit and Corporation Courts.

For Board of Supervisors, see page 82.

LEGAL ADVICE is advice on matters of law. The commonwealth's
attorney prosecutes criminals--that is, he attends in court and
makes the charge, or states the case, and examines witnesses,
against persons charged with crime.

A WITNESS is a person who tells on oath, in answer to questions,
what he knows about the crime charged against the accused, or
about the facts in a civil case or process. (See civil process and
perjury, page 21.)

Attorney-at-Law.

Must hold license granted by any three or more judges of the
Supreme Court of Appeals acting together under such rules and
regulations and upon such examination both as to learning and
character as may be prescribed by the said Court; must be a male
citizen over the age of twenty-one years; must have resided in the
State six months preceding application for a license; and must
qualify before the Court in which he proposes to practice.

An ATTORNEY-AT-LAW is a person legally qualified and licensed to
act as attorney. A person not a lawyer might be called an attorney
if appointed to do any business on behalf of another, but to be an
attorney-at law a person must be qualified as stated in the text.
(See under Attorney-General, page 29.) A LICENSE is a permission
to perform certain acts. It is usually in writing, and is issued
by persons having legal authority to do so.

An attorney-at-law must QUALIFY before the court in which he
wishes to practice. This means that he must produce evidence that
he is legally licensed, that he must take an oath that he will
perform his duties as an attorney, and also that he must take an
oath that he will be faithful to the Commonwealth of Virginia.

Who May Practice Law in Virginia.

Any person duly authorized and practicing as Counsel or Attorney-
at-Law in any State or Territory of the United

States, or in the District of Columbia; but if he resides in
Virginia he must pay the prescribed license fee.

DULY AUTHORIZED means having received the proper license, and
having qualified. PRESCRIBED LICENSE FEE is a certain fee or
charge for the issuing of a license to practice in Virginia.

Juries.

Drawn by lot from a list of those well qualified to serve as
jurors, furnished by the Judge of the Circuit or Corporation
Courts. The list shall contain not less than one hundred nor more
than three hundred names.

All male citizens over twenty-one years of age who have been
residents of the State for two years, and of the county, city, or
town in which they reside for one year next preceding their being
summoned to serve as such and competent in other respects, are
WELL QUALIFIED to SERVE as jurors within the State. But certain
persons are disqualified as not competent, such as idiots,
lunatics, and persons convicted of bribery, perjury, embezzlement
of public funds, treason, felony or petit larceny.

Certain public officers and persons belonging to certain
professions are exempt from jury service. The governor, the
lieutenant-governor, postmasters, practicing physicians (doctors),
and many others, are exempt from the duty of serving on juries.

Juries in civil and misdemeanor cases are chosen by lot. Once
every year the judge of each circuit and corporation court makes
out a list containing the names of not less than one hundred and
not more than three hundred persons resident in the county or
corporation and well qualified to serve as jurors. These names are
written on slips of paper or ballots (each name on a separate
ballot) and the ballots, after being folded so that the names may
not be seen, are put into a box kept for the purpose by the clerk
of the court.

Ten days before any term of a court at which a jury may be
required, the clerk draws sixteen ballots from the box, without
looking at the names until they are all drawn out. The persons
whose names are thus drawn are summoned to attend at the term of
court. Should more than sixteen be required, more are summoned,
and on the day they attend the court their names are written on
ballots and placed in a box, and from them the juries for the
trial of cases are drawn in the manner already stated. This is
what is called choosing or selecting BY LOT, the word lot meaning
chance. It is considered the fairest way of forming a jury.

If jurors were appointed instead of being selected by lot, persons
having prejudice or ill feeling against one of the parties in the
case might be put on the jury, and the verdict rendered by such
jury might be a very unjust one. But when the selection is by lot
nobody knows who is to be on it, and so it is equally fair to both
sides.

The number of persons on a jury is usually twelve, but in a civil
case, if both parties consent, there may be a jury of only seven;
or, the case may be tried and decided by a jury of three persons,
one selected by each of the two parties to the suit, and the third
by the other two; or, by the judge without a jury.

For juries in cases of felony the names of twenty persons residing
at a distance from the place where the crime or offence is said to
have been committed are taken from a list furnished by the circuit
or the corporation court. Those twenty are summoned to attend the
court, and from them a jury panel of sixteen is selected. The
accused person may, without giving any reason, object to, or
strike off, any four of the sixteen, and the remaining twelve will
be the jury to try the case.

If the accused does not strike off any, or strikes off less than
four, a jury of twelve is selected from the panel by lot. The
attorney for the commonwealth--that is, the attorney who
prosecutes the accused--may CHALLENGE--that is, object to--a
juror, but he must assign a reason for his objection, and if the
judge decides in favor of his objection, the person challenged is
not put on the jury. A panel is a list of persons summoned to
serve as jurors.

To SUMMON is to call or notify a person or persons to appear in
court. A person who is summoned to attend as a juror and who,
without sufficient reason, fails or neglects to do so, may be
punished by a fine of not less than five nor more than twenty
dollars.

Persons summoned as jurors are entitled to receive one dollar per
day for service on a jury, and mileage at the rate of four cents
per mile travelled in going to and returning from court. (Further
explanation as to the duties of juries will be found under Petit
Jury, page 71.)

Grand Jury.

Consists of not less than nine nor more than twelve persons taken
from a list of forty-eight selected by the Judge of the Circuit or
Corporation Court from the qualified jurors of the county or city
in which his Court is held. A Special Grand Jury shall consist of
not less than six nor more than nine persons.

The principal duties of the GRAND JURY are mentioned under Circuit
Courts, page 55. The law requires that "the grand jury shall
inquire of and present all felonies, misdemeanors, and violations
of penal [criminal] laws committed within the jurisdiction of the
respective courts wherein they are sworn."

To PRESENT is to make a statement or PRESENTMENT to the court as
explained on page 55. Every grand jury has a chairman or speaker,
who is appointed by the court and is called the FOREMAN. The
foreman is required to take an oath or swear that he will "present
no person through prejudice or ill-will, nor leave any unpresented
through fear or favor," but that in all presentments he "shall
present the truth, the whole truth and nothing but the truth."

In this way the foreman is SWORN, and the other grand jurors must
swear that they will "observe and keep" the same oath taken by the
foreman. An oath is a solemn statement or declaration with an
appeal to God, or calling God to witness that what is stated is
true or that the person shall tell the truth.

Witnesses before giving evidence in courts at the trial of a case
must make oath or swear to "tell the truth, the whole truth and
nothing but the truth." While the witness is repeating the words
of the oath he holds a Bible or Testament in his hand, and kisses
it when he has repeated the words.

There are two kinds of grand juries--regular and special. There is
a regular grand jury at two terms in each year, of the circuit,
corporation, or hustings court. But a grand jury may be ordered by
a circuit, corporation, or hustings court at any time there may be
special or urgent need for it, and such grand jury is called a
SPECIAL grand jury.

Grand jurors are entitled to the same compensation and mileage as
petit jurors (see next section).

Petit Jury.

Consists of twelve members.

Duties. Hear evidence before the court in civil and criminal cases
and render a verdict according to the law and evidence.

The PETIT JURY is the jury impanelled--that is, put on a panel or
list--to try cases in court. How such a jury is formed is stated
under Juries (see page 68). Petit jurors, like grand jurors, must
take an oath to do their duty honestly. (The word jury is derived
from the Latin word jurare, which means to swear.)

It is the duty of the petit jury to hear the evidence in the case
it is to try, and to give a verdict in accordance with that
evidence. If the evidence presented before the court proves the
accused to be guilty, the jury must give a verdict of "guilty"; if
the evidence is not sufficient to show that he is guilty, they
must give a verdict of "not guilty." (For verdict, see page 11.)

The verdict of the jury must also be ACCORDING TO LAW. This means
that the jury must give heed to the law of the case as explained
by the judge. Evidence might be offered which would not be lawful.
It is the duty of the judge to decide whether evidence is lawful
or not, and if he decides that any evidence is illegal or
unlawful, then the jury must not pay any regard to it in
considering their verdict.

QUESTIONS.

1. By whom are court clerks appointed or elected, and for how long
do they hold office?

2. How are court clerks paid? 8. What are the duties of court
clerks?

4. What are dockets?

5. What are the tipstaff and crier, and what are their duties?

6. How is the commonwealth's attorney chosen, and for how long?

7. Where must the commonwealth's attorney reside, and how is he
paid?

8. What are his duties?

9. What is LEGAL ADVICE?

10. What does prosecuting criminals mean?

11. What is a WITNESS?

12. What are the qualifications of an attorney-at-law?

13. Define LICENSE and QUALIFY.

14. Who may practice law in Virginia?

15. Define DULY AUTHORIZED and PRESCRIBED LICENSE FEE.

16. What are the qualifications of jurors?

17. What classes of persons are exempt from jury service?

18. How are juries in civil and misdemeanor cases chosen?

19. Describe the system of choosing or selecting by lot.

20. How many persons constitute a jury?

21. How are juries in cases of felony chosen?

22. What do you understand by CHALLENGING a juror?

23. What does SUMMON mean?

24. What does a grand jury consist of?

25. What is a special grand jury?

26. What are the duties of grand jurors?

27. What does PRESENT mean?

28. What is the duty of the foreman of the grand jury?

29. What is an oath?

30. How many kinds of grand juries are there?

31. What is the compensation of grand jurors?

32. What does a PETIT JURY consist of?

33. What are the duties of a petit jury?

34. What do you understand by rendering a verdict according to the
law and evidence?

VIII.

COUNTY ORGANIZATION.

Counties.

Organized by the General Assembly under the provisions of the
Constitution.

Objects. Convenience in administering justice and transacting
local business.

Each county shall maintain at the county seat a court-house,
clerk's office, and jail.

Counties are organized--that is, formed and invested with powers
of government--by the General Assembly. The Assembly may form new
counties out of other counties or parts of other counties, but the
Constitution of Virginia directs that "no new county shall be
formed with an area of less than six hundred square miles," and
that the county or counties from which a new one is formed shall
not be reduced below an area of six hundred square miles.

The convenience of having the State divided into counties may
easily be seen. If there were no counties most of the people would
have to go long distances to the State capital in order to have
important business attended to. County organization brings the
advantages of government and the administration of justice nearer
the homes of all the people.

The COUNTY SEAT is the chief town of the county, where the public
business of the county is chiefly transacted. The court-house is
the building in which judges sit for the trial of cases. The jail
of the county is the prison in which persons convicted of minor
(trifling) offences are detained for punishment, and in which
persons charged with serious crimes are held in custody until
trial. Persons after trial and conviction for serious crimes are
sent to the penitentiary.

COUNTY OFFICERS.

They are the executive officers under the authority of the laws of
the State.

Sheriff.

Elected by the people for four years. Salary, allowance by the
Board of Supervisors and fees.

Duties. Appoints his deputies; makes arrests; serves notices;
collects fines; calls for troops in time of danger; executes any
order, warrant, or process, lawfully directed to him, within his
own county, or upon any bay, river, or creek adjoining thereto;
levies on property and sells to satisfy order of court; attends
the sittings of Circuit Courts; attends the meetings of the Board
of Supervisors, and performs such duties as may be necessary for
the proper despatch of business; must not practice law in any
court of which he is an officer; cannot hold any other elective
office; must give notice of violations of penal laws.

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