Chapter III: Introduction (2)

ELECTION RETURNS when made up by the judges of election are sent to the commissioners of elections and afterwards to the Board of State Canvassers. The board determines and decides who have been elected, and the secretary must KEEP A RECORD of the Board's DETERMINATIONS.

After the election returns are examined by the State board, the secretary makes out CERTIFICATES OF ELECTION for certain State officers elected at the polls. The certificate is a paper certifying or stating that the person has been elected. There is a TAX or charge on the use of the State seals on certain documents, and this tax is collected by the secretary of the commonwealth. The secretary must KEEP ON FILE--that is, preserve--in his office the reports of other public departments of the State, and make a summary, or sketch, of the contents of each.

A CHARTER OF INCORPORATION is a paper or document granted by the General Assembly, and giving power to a number of persons to carry on business as a corporation, or to the people of a town or city to carry on the business of government within their own districts.

TREASURER.

Elected. At the General Election for term of four years. Salary, $2,000 and commissions allowed by law.

Duties. Shall receive and disburse, only upon a warrant from the proper Auditor, all moneys paid into the Treasury of the State; shall pay interest on certain bonds as they become due and payable; shall be the custodian of bonds held by the Commissioners of the Sinking Fund, and of bonds deposited by foreign express and insurance companies doing business in the State; shall make quarterly and annual reports to the Governor.

The treasurer is the person who receives and takes charge of money belonging to the State. The building in which the money is kept and in which the treasurer has his office is called the treasury. The treasurer also disburses money. To disburse is to pay out, and the treasurer cannot disburse without a warrant from the auditor (see next section).

The warrant is a writing giving the treasurer power to pay money. The treasurer pays the interest on State bonds. A bond is a written paper by which a person binds or pledges himself to pay a certain sum of money before a certain day. Sometimes the government has to borrow money, and when it does so it issues bonds to the persons who loan the money. In these bonds the government binds itself to pay the money by a certain time, and to pay a certain amount every year as interest until the principal (the full amount borrowed) is paid back.

The sinking fund is money set apart at certain times to pay the debts due by the government. It is in charge of officers called commissioners. These commissioners hold bonds for debts due to the government on account of the sale of public lands, and the interest of the State in railroads and other corporations. Express companies and insurance companies whose head-quarters are in foreign countries, and who do business in Virginia, are required to give bonds to the State as security that their obligations to citizens of the State shall be honestly carried out.

AUDITOR OF PUBLIC ACCOUNTS.

Elected. By the General Assembly for term of four years beginning on first day of March succeeding election. Salary, $4,000.

Duties. Shall audit all pecuniary claims against the commonwealth, except those chargeable to the Board of Education, Corporation Commission, or any corporation composed of officers of government, of the funds and property of which the State is sole owner; shall settle with officers charged with collecting the revenues of the State; shall issue warrants directing the Treasurer to receive money into the Treasury, and warrants upon the Treasurer in payment of all claims except those mentioned above; shall report to the Superintendent of Public Instruction by September 15th, in each year, ninety per cent, of the gross amount of funds applicable to public school purposes for the current year; shall make quarterly and annual reports to the Governor.

An auditor is a person who audits or examines accounts or statements of the receipt and expenditure of money, to see that they are correct.

Pecuniary claims are claims for the payment of money. Such claims made against the commonwealth are not paid until they are examined by the auditor of the public accounts. Claims that are chargeable --that is, to be charged--against the Board of Education, the Corporation Commission, or corporations of government officers, are not audited by the auditor of public accounts, but by the second auditor (see next section). To report ninety per cent, of the school funds is to state the amount to that extent that is ready to be apportioned or divided among the cities and counties for school use (see under sections Superintendent of Public Instruction and School Funds).

SECOND AUDITOR.

Elected. By the General Assembly for four years from the first of March next succeeding election. Salary, $1,700 and commissions allowed by law.

Duties. Shall register all coupon and registered bonds and fractional certificates issued on account of the public debt, and all bonds redeemed and cancelled by the Commissioners of the Sinking Fund; shall be the custodian of the books of the Commissioners of the Sinking Fund, and securities for money belonging thereto; shall audit all claims on account of the Board of Education, Corporation Commission, and any corporation composed of officers of government, of the funds and property of which the State is sole owner; shall issue his warrant for all moneys received into the Treasury, or drawn out of it on account of these boards and corporations, the Sinking Fund and the Literary Fund; shall make quarterly and annual reports to the Governor.

To register bonds is to enter particulars of them in books kept for the purpose. Coupon bonds are bonds with interest coupons or certificates attached to them, and bearing no name, but payable to any person who presents the coupons at the treasury at certain times. Registered bonds are bonds bearing the name of the person who receives them, and payable to that person or any person to whom he may sell or transfer them.

Fractional certificates are certificates or bonds issued for any fractional part of one hundred dollars of the public debt. All other bonds are issued for amounts of one hundred dollars or some multiple of a hundred.

A bond is redeemed--that is, bought back--when it is received at the treasury or office of the sinking fund and the amount of it is paid to the holder. The bond is then cancelled. To cancel is to deface or destroy so that the paper or bond cannot be used again.

A security is something given or deposited as a pledge that money loaned shall be repaid. Debts may be due to the sinking fund by railroad or other companies in which the State has an interest, and securities have to be given that such debts shall be paid.

The literary fund was formed in 1810 from the sale of public lands, some of which had been possessed by the Church in colonial times. The fund has since been increased by the sale of lands given to the State by Congress for public school purposes. and by fines collected for offences committed against the State, and by donations made by private individuals. It is called the literary fund because it is used for purposes of education.

Register of the Land Office.

Elected. By the General Assembly for a term of four years from the first of March next succeeding election. Salary, $1,800. He is also Superintendent of Public Buildings.

Duties. Shall issue grants to all purchasers of waste lands; record all grants and patents, and furnish lists to the clerks of the county and corporation courts; shall keep the records, documents, and entries of Northern Neck Lands, and of lands granted, or to be granted, by the Commonwealth; shall have care of the public buildings and all other public property at the seat of government not placed in charge of others; shall have control of Capitol Square; shall try, prove, and seal weights and measures; shall report semi-annually to the Auditor of Public Accounts.

The land office is the office in which business connected with the sale or granting of public lands is conducted. This business is under the control of an officer called the register of the land office, and public buildings in the State are under his care. He is also superintendent of weights and measures. At his office are kept weights and measures, provided by the State, to be furnished to counties and corporations as standards by which the weights and measures in business use throughout the State are tested. The State weights and measures are tried by the register once every ten years, and when proved to be correct are marked with a seal. In every county there is a sealer of weights and measures, who must examine, once every three years, the weights and measures in use throughout the county, to see that they are up to the standard.

A patent is a government paper granting to some person or persons the sole right to any lands, privileges, or inventions.

The Northern Neck was the name given in colonial times to the peninsula lying between the Rappahannock and Potomac Rivers.

State Corporation Commission.

Composed of three members appointed by the Governor, subject to confirmation by the General Assembly, for a term of six years each. Salary, $4,000 each.

At least one of the Commissioners must have the qualifications prescribed for judges of the Supreme Court of Appeals.

Duties. Shall issue all charters or amendments thereof for domestic corporations and licenses to do business in the State to foreign corporations; arrange for visitation, regulation and control of all corporations doing business in the State; prescribe the forms of all reports and collect and preserve such reports. Shall control all transportation companies; fix the amount of their taxes; prescribe rates, charges and classifications of traffic and enforce the same.

Has the powers and authority of a court of record to administer oaths and compel attendance of witnesses, and all appeals from the Commission shall be to the Supreme Court of Appeals only. Shall make annual reports to the governor.

The term corporation or company includes all trusts, associations and joint stock companies having any powers or privileges not possessed by individuals or unlimited partnerships. Charter means the charter of incorporation under which any such corporation is formed.

A transportation company is any company or person engaged in the business of a common carrier. A transmission company includes any company or person owning and operating a telephone or telegraph line for hire. Public service corporations include transportation and transmission companies, gas, electric light, heat and power companies and all persons authorized to use or occupy any street or public place in a manner not permitted to the general public.

Bonds are certificates of indebtedness issued by any corporation and secured by a mortgage or trust deed.

Domestic corporations are such as are chartered under the laws of Virginia. Foreign corporations are such as are incorporated under the laws of some other state or country.

The General Assembly may place under the control of the Corporation Commission divisions or bureaus of insurance, banking, etc.

Every domestic and foreign corporation doing business in the state shall file in the office of the Corporation Commission an annual report as prescribed by law setting forth various facts regarding its business, and organization, the names of its officers, its place of business and such other information as may be required by law.

A corporation may be established for the transaction of any lawful business or to promote or conduct any legitimate object or purpose.

Any number of persons not less than three may associate to incorporate a college, an alumni association, a literary society, a cemetery company or association, a fraternal benefit association, a fraternal association, society, order or lodge, a society for the prevention of cruelty to children or animals, a charitable or benevolent association, or social, hunting, fishing club, or any society, organization or association of a similar nature.

A corporation may be limited as to duration to the time stated in its charter. But when no time is so limited it shall be perpetual, subject to the power of repeal reserved to the General Assembly.

A corporation may sue and be sued in any court of law and equity.

With regard to railroads, canals, and all transportation and transmission companies, the State Corporation Commission has all the power and authority formerly belonging to the office of railroad commissioner; examines them as to their condition, the causes of accidents, etc.; requires changes and improvements; contracts with them for the conveyance of convicts, lunatics, etc.

Every railroad company in Virginia has a charter from the State, in which are stated certain conditions on which, in the interests of the people, they must carry on their business. It is the duty of the Commission to examine the railroads from time to time to see that they are operated in such a way that there shall be no danger to the people who travel upon them.

To contract is to make an arrangement or a bargain for some work to be done. The Commission makes contracts with the railway companies for carrying convicts to prison from the place in which they are tried and convicted, and for carrying lunatics to the asylum or hospital in which they are to be confined.

With regard to internal improvements in which the State is interested, the Commission has all the authority formerly exercised by the Board of Public Works; appoints State directors and State proxies for works in which the State is interested; keeps a register of all property belonging to the State; represents the State in relation to all corporations whether as a stockholder, creditor, mortgagor, or otherwise.

Internal improvements are public works of various kinds for the improvement of the State, such as railroads, canals, highways. Money of the State may be invested in the capital of corporations carrying on internal improvements, and it is the duty of the Corporation Commission to watch and protect the interests of the State in such undertakings.

For this purpose the Commission appoints directors and proxies to act in such companies. A proxy is a person appointed as a substitute for another. Proxies are appointed to represent and vote for the State at meetings of corporations for internal improvements, in which the State holds stock.

A TOLL is a charge made for passing certain canals, bridges, etc. The Commission has the power to fix the amount of toll when it is not specified in the charter of the canal or bridge company.

Superintendent of the Penitentiary.

Appointed. By the Board of Penitentiary Directors for term of four years. Salary, $1,600.

Duties. Shall reside at the Penitentiary and be its chief executive officer; shall have control and custody of the property of the Penitentiary; shall employ a guard; shall report quarterly to the Governor, and monthly and annually to the Board of Directors.

The PENITENTIARY is the State prison at Richmond in which persons convicted in the State courts are imprisoned.

The GUARD is a body of men employed at the prison by the superintendent to prevent prisoners from escaping and to suppress rebellion by the prisoners if attempted. The Board of Directors is the board or body of men who have the management of the penitentiary. They are also appointed by the governor.

Superintendent of Public Printing.

Elected. By the General Assembly for term of four years. Salary, $1,500.

Duties. Must be a practical printer; shall have the supervision and management of the public printing and binding of the Commonwealth; shall report annually to the Governor, and biennially to the General Assembly.

The numerous public departments and offices of the State require to have a great deal of printing done. The acts passed by the General Assembly, the reports of public boards and of public officers, and the proceedings and decisions of some of the courts have to be printed and bound into books. It is the duty of the superintendent of public printing to make contracts for such work and all other printing and binding required for State purposes, and to see that it is properly done.

Commissioner of Agriculture and Immigration.

Elected. By the people at the General Election for term of four years. Salary, $2,000.

Duties. Subject to the Board of Agriculture and Immigration, he shall be the executive officer of the Department; shall examine and test fertilizers, collect mining and manufacturing statistics, establish a museum of agricultural and horticultural products, woods and minerals of the State; shall investigate matters pertaining to agriculture, the cultivation of crops, and the prevention of injury to them; shall distribute seeds; shall disseminate such information relating to the soil, climate, natural resources, markets, and industries of the State as may attract capital and induce immigration.

It is the business of the Board of Agriculture and Immigration to promote the interests of farming throughout the State and to encourage the introduction of capital and immigrants into the State. The COMMISSIONER OF AGRICULTURE is its executive officer. STATISTICS are statements of facts, usually accompanied by figures, showing the condition or progress of countries or peoples or industries.

The MINING AND MANUFACTURING STATISTICS of the State tell how many mines and manufacturing establishments are open in the State, how much work they do, how many people they employ, and give other important information regarding them.

A CABINET OF MINERALS is a collection of specimens of minerals, such as coal, ores, and metals. The commissioner of agriculture must keep in his office a collection or cabinet of samples or specimens of the minerals of Virginia, and the place where they are kept must be open to the public.

He must also make arrangements for providing from foreign countries such farm seeds as he may think of value to the people of the State, and he must DISTRIBUTE them in a careful and judicious manner among the people.

Commissioners of the Sinking Fund.

Composed of the Treasurer, Auditor of Public Accounts, and the Second Auditor.

For explanation of the SINKING FUND, etc., see under Treasurer and Second Auditor, pages 34-36.

Board of State Canvassers.

Composed of the Governor, Secretary of the Commonwealth, Auditor of Public Accounts, Treasurer, and Attorney-General.

Duties. Shall examine the certified abstracts of votes on file in the office of the Secretary of the Commonwealth, and make statement of the whole number of votes given at any General State election for certain State executive officers and for members of the Senate and House of Delegates, Representatives in Congress, and electors of President and Vice-President of the United States, and determine what persons have been duly elected.

The manner of voting at elections is explained on page 14, and the duty of the secretary of the commonwealth with regard to election returns is explained on page 33. The election returns, made up after the close of the polls on election day, are sent to the office of the clerk of the county or corporation in which the election is held.

Election returns are the books containing the names of the candidates and the number of votes given for each. On the second day after the election the COMMISSIONERS OF ELECTION meet at the clerk's office and make out ABSTRACTS of the result of the voting and send them to the secretary of the commonwealth.

An abstract is a paper containing the name of the person or candidate who has received the highest number of votes, and the number of votes received. Abstracts are made out for governor and lieutenant-governor, for attorney-general, for secretary, for treasurer, for superintendent of public instruction, for commissioner of agriculture and immigration, for senators and delegates, for electors for President and Vice-President, for congressmen, and for county, district, and corporation officers voted for at the election. When the abstracts are made out they are certified and signed by the commissioners and attested by the clerk, who acts as clerk for the commissioners.

To CERTIFY is to state or declare that anything is true or correct. The commissioners certify the abstracts that they are correct, and they sign their names upon them. They are then CERTIFIED ABSTRACTS, and certified copies of the abstracts for State officers are sent to the secretary of the commonwealth. These abstracts are examined in the office of the secretary of the commonwealth, by the Board of State Canvassers, who determine who are elected.

The secretary of the commonwealth after recording the determinations of the commissioners makes out certificates of election for senators, delegates, congressmen, and State officers elected, except for the governor, lieutenant-governor, secretary, treasurer, and attorney-general. The certified abstracts of votes for these officers are transmitted to the speaker of the house of delegates by the secretary of the commonwealth, and the returns are opened and the votes counted and declared in the presence of the two houses of the general assembly within one week after the beginning of the session.

State Board of Education.

Superintendent of Public Instruction.

For the State Board of Education and the State Superintendent of Public Instruction, see under Education, Chapter XI.

QUESTIONS.

1. What is the term of office of the secretary of the commonwealth?

2. What is his salary?

3. Name some of his duties.

4. Define COMMISSIONS.

5. Define EXECUTIVE ACTS.

6. What are the seals of the commonwealth?

7. What is a certificate of election?

8. What is the term of office of the treasurer?

9. What is his salary?

10. What are his duties?

11. Define WARRANT; BOND.

12. What is the sinking fund?

13. What is the term of office of the auditor of public accounts?

14. What salary does he receive?

15. What are his duties?

16. What is the term of office of the second auditor?

17. What does REGISTERING BONDS mean?

18. What are coupon bonds? Registered bonds?

19. What are fractional certificates?

20. What does REDEEMING a bond mean?

21. What is the literary fund?

22. What is the term of office of the register of the land office?

23. What other offices does the register of the land office hold?

24. Mention some of the duties of the register of the land office.

25. What is the business of the land office?

26. What are the duties of the superintendent of weights and measures?

27. What is a patent?

28. What are the duties of the superintendent of the penitentiary?

29. What is the penitentiary?

30. What are the duties of the superintendent of public printing?

31. How is the commissioner of agriculture and immigration chosen and for how long?

32. What salary does he receive?

33. What is the business of the department of agriculture and immigration?

34. Define STATISTICS.

35. What do the mining and manufacturing statistics tell?

36. How many members constitute the State Corporation Commission?

37. How are they chosen?

88. What are their qualifications?

39. What are their duties?

40. What are internal improvements?

41. What are State depositaries?

42. What are the duties of State directors and proxies?

43. What are domestic corporations? 44. Define foreign corporations.

45. Who are the commissioners of the sinking fund?

46. What are the duties of the commissioners of the sinking fund.

47. What officers compose the Board of State Canvassers?

48. What are the duties of the Board of State Canvassers?

V.

JUDICIARY DEPARTMENT.

Supreme Court of Appeals.

Composed of five judges chosen by joint vote of the two houses of the General Assembly. Term, twelve years. Salary: President, $4,200; other judges, each $4,000. The judges shall not hold any other office or public trust; shall not practice law.

Qualifications of Judges. Must have held a judicial station in the United States, or have practiced law for five years.

Sessions. Shall hold a session annually at Richmond. Wytheville, and Staunton.

The Judiciary Department is that part of government which is administered by JUDGES. All the courts of law in the State in which judges sit and hear and decide cases, or all the judges of the State regarded as one body, may be called the JUDICIARY.

The highest court in the State is the Supreme Court of Appeals. It has five judges, who are elected by the General Assembly and hold office for twelve years. The five judges appoint one of their number to be PRESIDENT of the court, and they appoint or select another who must reside at the seat of government. While they hold office as judges of the Court of Appeals they are not allowed to PRACTICE LAW--that is, to act as attorney or counsel (see under Attorney-General, page 29).

JUDICIAL STATION is the station or rank or office of a judge. A person cannot be elected judge of the Supreme Court of Appeals unless he has previously been a judge in the United States, or has practiced law for five years.

The SESSION of the court is the number of days it sits for business at any one place and time.

Jurisdiction. Shall have original jurisdiction in cases of habeas corpus, mandamus, and prohibition; shall have appellate jurisdiction in all cases involving the constitutionality of a law with reference to the Constitution of the State or the United States, or involving the life or liberty of a person, and in other cases prescribed by law. Shall not have jurisdiction in civil cases where the amount in controversy, exclusive of costs, is less than $300, unless such controversy relates to the title or boundary of land; or the probate of a will; or the appointment or qualification of a personal representative, guardian, committee, or curator; or a mill, roadway, ferry, or landing; or the right of the state, county or municipal corporation to levy tolls or taxes; or involves the construction of a law, ordinance, or proceeding imposing taxes; and, except in cases of habeas corpus, mandamus, or prohibition, the constitutionality of a law, or some other matter not merely pecuniary.

JURISDICTION means the power of a judge or of a court of law. APPELLATE jurisdiction is the power of a court to hear and decide cases of APPEAL against the decisions of lower courts.

This is the principal business of the Supreme Court of Appeals. In trials in the lower courts it frequently happens that the judge gives a decision which some lawyer acting in the case may think is not in accordance with law, or is not fair to his client. Whenever this happens, the lawyer may take the case to the Supreme Court of Appeals and ask the judges there to set aside the decision of the judge in the lower court. In cases of appeal, the court in which the decision appealed against has been given is called the LOWER COURT, A person who employs a lawyer to act for him in any law business is called a CLIENT.

The Supreme Court, after hearing the complaint or appeal against the decision of the lower court, considers the case and gives judgment on the question. This judgment is final--that is, it ends the case--unless there is some point in the question which has to do with the Constitution of the United States.

A writ is a paper issued by a judge, or court, commanding some person or persons to do something, or to abstain from doing something. Habeas corpus is a Latin phrase meaning you may have the body. A writ of habeas corpus is an order from a court directed usually to a warden or keeper of a prison, and commanding him to bring some particular prisoner before the court so that it may be decided whether there is just cause for his detention.

A mandamus is an order from a superior court to any person, corporation, or inferior--that is, lower--court requiring them to do something which it is part of their duty to do. A writ of prohibition is an order from a superior court prohibiting an inferior court from hearing or deciding a case, on the ground that it (the inferior court) has no jurisdiction in such case.

When the amount in controversy between two parties is less than $300, exclusive of costs--that is, excluding or not counting costs--the case cannot be appealed to the Supreme Court. In such cases that court has no jurisdiction. The idea of this law is that for sums less than $300 it would be absurd to go to the Supreme Court, as the costs might be greater than the sum in dispute. But if the dispute be about the title or boundary of land, or any of the other matters mentioned in the remainder of the sentence, the case may go before the Supreme Court of Appeals, even though the sum mentioned in the case be less than $300.

The title of land is the right of ownership, and a paper certifying that a person is the owner of certain land is a title deed. The probate of a will is the proof or proving of a will. A will is a statement, generally in writing, in which a persons declares his will, or wish, as to how he desires his property to be disposed of after his death. Wills must be probated--that is, proved in the proper court--before they can be legally executed.

A personal representative is one who executes a will (carries out the directions contained in it) or administers the estate or property of a deceased person. A guardian in law is one appointed by a court to take charge of and administer the property of persons who are not of sufficient age or understanding to manage their own affairs. A committee in law is one entrusted with the care of an idiot or a lunatic. Used in this sense, the word is pronounced com-mit-tee. A curator is one appointed to act as guardian of the estate of a person not legally competent (qualified) to manage his property, or of the estate of an absentee.

To levy means to raise or collect. Each county in the State has the right to levy tolls and taxes to pay the cost of carrying on its government. The constitutionality of a law is its agreement with the Constitution. The Supreme Court of Appeals has the jurisdiction to decide, when appealed to, whether any law is constitutional or not--that is, whether or not it is allowed by the Constitution of the State of Virginia.

Circuit Courts.

There are twenty-four judicial circuits, with a judge for each circuit. The judge must reside in the circuit for which he is elected; shall not hold any other office or public trust; shall not practice law. Elected by the General Assembly for terms of eight years. Salary, $2,500, except the judge of the circuit which includes the city of Richmond, who receives $3,500. Circuit judges are entitled to mileage.

Terms. There shall be at least five terms in each county and two terms in each year in each city except in cities of the second class that have their own courts.

For explanation of circuits, see under Attorney-General, page 30.

The term of a court is its regular session, or sitting, for the hearing and trying of cases. The word court means not only the room or hall in which a judge sits to try cases, but it means the judge while sitting in court, or a number of judges sitting in court together. An order of the court means an order given officially by a judge.

Jurisdiction. Shall have original jurisdiction for the trial of all presentments, informations and indictments for felonies; of all cases in chancery and civil cases at law, except cases to recover personal property or money of less value than $20; of all cases for the recovery of fees, penalties, etc.; of questions regarding the validity of ordinances and by-laws of a corporation; or involving the right to levy taxes; and all cases civil or criminal when an appeal may be had to the Supreme Court of Appeals. Also, of all proceedings by quo warranto; and may issue writs of habeas corpus, mandamus, prohibition, and certiorari to all inferior tribunals; issue writs of mandamus in all matters arising from or appertaining to the action of the board of supervisors; determines the probate of wills and testamentary cases; may appoint guardians, curators, commissioners in chancery, etc.

Appellate jurisdiction of all cases, civil and criminal, where an appeal writ of error or supersedeas may be taken or allowed by said courts from or to the judgment or proceedings of an inferior tribunal. But no circuit court shall have any original or appellate jurisdiction in criminal cases arising within the territorial limits of any city wherein there is established by law a corporation or hustings court.

Original jurisdiction means jurisdiction from the beginning of a case--that is, power to take up and try it when it is first entered in law. The Supreme Court of Appeals has not this power. It can deal only with cases that have already been tried in some other court. But the circuit courts may try cases on their first hearing. This is original jurisdiction. They have also general jurisdiction--that is, they can try all cases in general in which the law is violated, or the protection of the law is sought or required.

A presentment is a notice taken by a grand jury of any offence or crime of which they may have knowledge. (For grand jury, see page 70.) The notice is a written statement of the facts, and the statement is sent or presented to the court in which the case may be tried.

After the presentment is made, the commonwealth's attorney prepares an indictment. This is a written charge against the accused person, with full particulars of the crime or offence alleged. The grand jury next make an investigation of the indictment by examining witnesses on oath, and if they think that the evidence is sufficient to prove the charge against the accused, they write on the indictment the words a true bill.

This does not mean that the person is found guilty, but that the grand jury find the case against the accused is so strong that it ought to be tried by a judge and jury, and so the person is brought into court and tried. But if the grand jury find that there is not evidence enough to convict the accused, they mark or indorse the indictment with the words not a true bill, and then there is no trial in court.

An information is an action or prosecution for some offence against the government, and it is based not on a grand jury indictment, but on a statement or complaint made on oath by a competent witness.

In chancery means in equity--that is, in natural right. A court of chancery may give a decision or judgment on the ground of plain, common justice between man and man, where there may be no statute law that bears upon the case. This is what is called equity. Personal property is movable property, such as furniture, money, etc. Immovable property, such as land or houses, is called real estate. Circuit courts have no jurisdiction for the recovering of personal property of value less than $20, the reason manifestly being that the cost of a circuit court trial of such a case might amount to a much greater sum than the sum in dispute.

The circuit courts have appellate jurisdiction in cases appealed from inferior tribunals--that is, lower courts. (For civil case, see under General Assembly, page 21.) A criminal case as distinguished from a civil case is one in which a person is charged with a crime or felony. A writ of error is an appeal ordered on the ground of an error or mistake in the proceedings of a court, either as to a matter of fact or a point of law. A supersedeas is a writ, or order, to suspend the powers of an officer, or to stay--that is, stop--action under another writ.

Quo warranto is a Latin phrase, the English of which is by what warrant or authority. In law it means a writ brought before a court to inquire by what authority a person or corporation exercises certain powers. For example, if a person assume the duties or work of a public office, and it is believed that he has no legal right to the office, proceedings in quo warranto may be taken against him.

Certiorari is a writ from a superior court in a certain case, ordering the removal of the case from an inferior court, so that more speedy justice may be obtained or that errors may be corrected. (For charters of incorporation, see under Secretary of the Commonwealth, page 33.) A receiver is a person appointed by a court to receive, or hold in trust, property about which law proceedings are being taken. Commissioners in chancery are commissioners or officers appointed from time to time by circuit court judges to examine and report upon accounts (statements relating to money) presented as evidence in the trial of a case.

Testamentary cases are cases about wills. A testament is a written paper in which a person declares (or testifies) how he wishes his property to be disposed of after his death. Such a paper is sometimes called a last will and testament. An injunction is an order of a court requiring a person to do or refrain from doing certain acts.

The Circuit Court of the City of Richmond possesses all the powers of other circuit courts except as to those matters the jurisdiction of which has been exclusively invested in the Chancery or the Hustings Court. It shall also have jurisdiction of all such suits, motions, prosecutions, and matters and things as are specially cognizable by it, in which the Commonwealth, represented by certain public officers or public boards, is a party.

The Circuit Court of the City of Richmond has the same power as other circuit courts except in matters the jurisdiction of which belongs EXCLUSIVELY to the Hustings Court, and the Chancery Court of the City of Richmond--that is, belongs to them and to no other court. (For explanation as to these matters, see under Hustings Court and under Chancery Court.)

A suit or lawsuit is an action or proceeding--in a court of law to recover a right, or to obtain justice in a matter under dispute. A suit at law is sometimes also called a cause. A motion (in law) is a carrying on of a suit or action in court to obtain some right, or to punish persons who have committed crime. Cognizable means liable to be taken notice of. Matters that are cognizable by a court are cases that it is fit and proper for it to hear, try, and decide.

A party to a suit is one of the two opposing persons or sides engaged in it. In every lawsuit there are at least two parties. The party or person that brings on the suit or action is called the plaintiff, because he makes a complaint or charge against some one; the party on the other side is called the defendant, because he defends himself against the charge.

QUESTIONS.

1. How many judges constitute the Supreme Court of Appeals?

2. How long is the term of each judge?

3. What salaries do they receive?

4. Do they hold any other office or practice law?

5. What are their qualifications?

6. Where are the sessions of the Supreme Court held?

7. Define judiciary.

8. Define judicial station.

9. What is a session of court?

10. Define jurisdiction.

11. What is appellate jurisdiction?

12. What is the principal business of the Supreme Court of Appeals?

13. What is a lower court?

14. What is a client?

15. When and how may an appeal be made from the judgment of the Supreme Court of Appeals?

16. In what other cases besides appeals has the Supreme Court jurisdiction?

17. Define habeas corpus, mandamus, prohibition, and writ.

18. What are the cases in which the Supreme Court has no jurisdiction?

19. What are costs?

20. Define title of land, and title deed.

21. What is meant by probating a will?

22. What is a will?

23. What is a personal representative?

24. What is a guardian?

25. What is a committee?

26. Define curator and levy.

27. What is meant by the constitutionality of a law?

28. How many judicial circuits are there?

29. Where must a circuit court judge reside?

30. Is a circuit court judge permitted to practice law?

31. What are the salaries of circuit court judges?

32. What are their qualifications?

33. What are the terms of circuit courts?

34. What does a term of court mean?

35. What is the meaning of the word court?

86. Name some of the kinds of cases in which the circuit courts have jurisdiction.

37. What do you understand by original jurisdiction and general jurisdiction?

38. Define chancery, personal property, and real estate.

39. What is a criminal case?

40. What is a writ of error?

41. What is a supersedeas?

42. Define quo warranto.

43. What is a certiorari?

44. Define trustee and receiver.

45. What are commissioners in chancery?

46. What are testamentary cases?

47. Define testament.

48. What is an injunction?

49. What are the powers of the Circuit Court of the City of Richmond?

50. What is a lawsuit?

51. What is a cause?

52. What is a motion?

53. Define cognizable, party to a suit, plantiff, defendant.

VI.

JUDICIARY DEPARTMENT-Continued.

Corporation or Hustings Courts.

Held in each city of the first-class by the city judge. Judge elected by the General Assembly in joint session for a term of eight years. Salary, not less than 12,000 $.

Qualifications of a judge. Same as those of judges of the Supreme Court of Appeals.

Terms. Held monthly, except that the July or August term may be omitted.

Jurisdiction. Within the territorial limits of the city, same as circuit courts have in the counties. Concurrently with the circuit courts they have jurisdiction over all offences committed in any county within one mile of the corporate limits of the city.

Corporation courts, or city courts, are courts whose jurisdiction lies within corporations or cities, and the judges are called city judges.

There is a corporation court in each city of the first class, and also in all cities of the second class in which it has not been by special election or otherwise merged into the circuit court. The Hustings Court of the city of Richmond has a peculiar and limited jurisdiction which is explained later in this chapter.

The city judges hold office for eight years. Their salaries in cities of the first class are fixed or specially provided by law at not less than $2,000, but any city may increase such salary, but such increase shall be paid entirely by the city.

Every city judge must hold a term or session every month except July or August, in either of which the court term may be omitted-- that is, not held.

Cities of the first class are such as contain more than 10,000 inhabitants. All other cities are termed cities of the second class.

The Constitution requires the maintenance of city or corporation courts in all cities of the first class, but provides for the discontinuance of independent city courts in all cities of the second class whenever the people vote in favor of their abolition.

Upon the abolition of the corporation court in any city of the second class, the circuit courts of the circuit in which the city is located will arrange to hold regular terms in such city the same as in cities of the first class.

Within their respective limits--that is, each in its own city-- the corporation courts have the same jurisdiction as the circuit courts. This means that they have power to try the same kind of offences as may be tried in the circuit courts.

JUSTICES' COURTS.

Held by a justice of the peace; in the cities, by the mayor or police justice.

The judge who sits in & justice's court is called a justice of the peace, or simply a justice, and sometimes a police justice. Justices' courts and police courts are the courts in which generally all offences and cases not of a serious nature are tried and disposed of. (See under Justices of the Peace and under Magisterial Districts. For mayor, see under Government of Cities and Towns.)

Jurisdiction. Debt, exclusive of interest, not exceeding $100; fines, damages, etc., not exceeding $20; have jurisdiction of certain cases of unlawful entry and detainer, detinue, and search; may allow bail in certain cases. Shall have concurrent jurisdiction with the County and Corporation Courts of the State in all cases of violations of the revenue laws of the State and of offences arising under certain provisions of the Code, and exclusive original jurisdiction for the trial of all other misdemeanor cases occurring within their jurisdiction.

A person charged with refusing to pay a debt may be brought before a justice's court if the debt, without interest, is not greater than $100, and the justice has power to decide the case. He has also power to try cases in which offenders may be punished by having to pay fines or damages of not more than $20.

DAMAGES means money paid to compensate for the injury or DAMAGE done to any person or person's property.

UNLAWFUL ENTRY is entering unlawfully upon lands belonging to another, and UNLAWFUL DETAINER means unlawful detaining or holding possession of lands or houses belonging to another.

DETINUE is an action in law in which a person seeks to get back property of his which is unlawfully held or DETAINED by another. In such cases the justice may issue a warrant for SEARCH for the property detained.

A WARRANT is a document or paper issued by a judge giving power or authority to a policeman, or other officer of the law, to arrest a criminal, or an offender, in order to have him brought to trial. A warrant issued authorizing an officer to search for property stolen or detained, is called a SEARCH WARRANT. BAIL is security given for the release of a person from prison. When a person is arrested and charged with a crime he may, if the crime be not a very serious one, be let out of prison and left at liberty until trial, if some one will give security or pledge for him that he will appear in court on the day appointed for the trial. If the amount required is small, the security is usually given in the shape of money, but if the amount is large, it is given in the shape of a bond called a BAIL-BOND.

The person giving the bail-bond must be one who owns real estate to the value of the amount of bail, and if the person to be tried does not appear for trial at the time appointed, the person who gives the bond may be required to pay the amount into court.

CONCURRENT jurisdiction is the same or equal jurisdiction. REVENUE is the income or money which the State or corporation receives in the shape of taxes. TAXES are the moneys collected by the State or by towns or cities for defraying the expenses of government. The owners of certain kinds of property have to pay taxes in proportion to the value of their property.

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.