Chapter IV: Introduction (3)

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.

The salary or allowance for sheriffs is not the same in all counties, but varies according to the number of the population. It is paid by the Board of Supervisors. (For Board of Supervisors, see page 82.)

The sheriff may appoint deputies or assistants to help him in his duties, which are numerous and important. He is the principal executive officer of the county. It is his business to execute the judgments of the courts. If a person is sentenced to death, it is the sheriff who must make and direct the arrangements for carrying out the sentence.

A SENTENCE (in law) is the judgment, or declaration of punishment, pronounced by a judge upon a criminal after being found guilty. The sheriff must arrest and convey to prison any person or persons who have committed crime. He must serve legal notices, such as notices of decrees or judgments to be given against parties in cases of action for debt. He must collect fines that are not paid in court.

An important duty of the sheriff is to suppress riots or public disturbances, and if he finds that he and his officers are unable to do so, he may call upon the governor for troops (soldiers) to assist him. In such case the governor may send State militia to suppress the disturbance. The sheriff has charge or control of the county jail and the prisoners confined in it, and he must protect the prison and prisoners against violence or attack by mobs.

The sheriff must carry out any order or warrant or process of the courts. A PROCESS is a summons or notice requiring a person to appear in court on a certain day to answer a charge to be made against him. If a court gives judgment against a person for debt or fine or taxes not paid, the sheriff LEVIES on the property of the person--that is, he takes or seizes it--and sells it to satisfy or execute the order of court.

It is also the duty of the sheriff to give notice to the attorney for the commonwealth of any crime (violation of penal laws) of which he may have knowledge. The sheriff cannot hold any other elective office--that is, an office to which a person is elected-- and he cannot act as a lawyer in any court for which he does duty as sheriff.

Commonwealth's Attorney.

See under Officers of Courts.

County Clerk.

Also Clerk of the Circuit Court elected by the people for term of eight years.

Duties. See under Officers of Courts.

A clerk of the county or a clerk of a court is an officer who does writing of various kinds, such as keeping records of public business, records of court proceedings, making out writs or bonds, or copies of court papers or documents. Many of the duties of clerks of counties and courts are mentioned in previous sections.

Treasurer.

Elected by the people for four years. Salary, commissions.

Duties. Shall receive the State revenues and the county (or city) levies, and account for and pay over the same as provided by law; shall keep his office at the county seat; shall receive taxes from July 1st to December 1st; after that add five per cent. and collect; shall settle with the Auditor of Public Accounts by December 15th, final settlement June 15th; may be required to make monthly settlements; in cities of Richmond, Lynchburg, and Petersburg, shall make weekly settlements; may distrain for taxes; shall post delinquent list; must reside in the county; shall not hold any other elective office; shall not own any warrant against the county or city; shall not lend out any public money, or use it for any purpose other than such as is provided by law; shall report violations of the revenue laws. Must reside in the county or city for which he is elected.

The STATE REVENUES are the taxes received for the State; the COUNTY LEVIES are the taxes levied--that is, raised or collected-- for county purposes. These moneys the State treasurer must pay over as the law provides--that is, directs. The money collected for the county he must pay out for various public purposes relating to the county, but before making such payments he must have a warrant (written authority to pay) from the Board of Supervisors. The money he receives for the State he must pay to the auditor of public accounts.

The time for the receiving of taxes is from July 1st to December 1st each year. An addition of five per cent. is made to taxes not paid by the latter date. The treasurer must SETTLE with the auditor by December 15th--that is, he must by that time have paid over to him all moneys received for the State. By June 15th he must make a final settlement This means that he must settle for all taxes paid to him since December 15th, and furnish lists of those who have failed to pay. Besides county treasurers there are city treasurers. (See also under Government of Cities and Towns)

If any person fail or refuse to pay taxes assessed upon him, the treasurer may DISTRAIN his property to recover the amount. To distrain is to seize property for debt due. (To ASSESS is to fix or name a certain amount as a tax on property, or to value property with the object of fixing a tax upon it) A person who fails or neglects or refuses to pay his taxes is called a DELINQUENT, a word that means one who fails to perform his duty.

A DELINQUENT LIST is a list or paper containing the names of persons who have failed to pay the taxes, and a notice that at a certain time certain property of such persons will be sold if the taxes are not previously paid. A copy of the delinquent list must be posted at public places within the city or county in which the property to be sold is situated. A county treasurer is not himself allowed to purchase or own any warrant or claim against the county treasury. (A warrant here means an order for the payment of money.)

The REVENUE LAWS are the laws relating to assessing, payment, and collection of taxes. To conceal property so as to escape assessment of taxes, or to carry on certain kinds of business without paying the license or tax on such business, would be to violate the revenue laws. The treasurer must report all violations of the revenue laws of which he may have knowledge.

The salary of the treasurer is paid by commissions--that is, allowances--by way of percentages on the amounts he receives. The commission varies from two per cent, (two dollars for every hundred dollars) on large amounts, to three and five per cent, on small receipts.

Commissioner of the Revenue.

Elected by the people for four years; must reside in the district for which he is elected. Salary, commissions and fees.

Duties. Shall ascertain and assess, when not otherwise assessed, all the property, real and personal, not exempt from taxation, in his county, district, or city, and the person to whom the same is chargeable with taxes, all subjects of taxation, and also all male persons of full age and sound mind residing therein; shall issue licenses; register births and deaths; and report violations of the revenue and penal laws.

To ASCERTAIN all the property, real and personal, and the person to whom it is chargeable with taxes, is to find out where and what the property is and who is the owner, so that the proper tax may be assessed and charged against him. (For meaning of REAL and PERSONAL property, see under Circuit Courts, page 50.)

SUBJECTS OF TAXATION means property on which taxes may be charged or assessed. Certain kinds of property are exempt--that is, free-- from taxation in Virginia. All real estate or buildings owned by religious bodies and used as churches for divine worship are exempt from taxation. Public burying-grounds (cemeteries), real estate belonging to counties, cities, or towns, real estate belonging to the University of Virginia and other institutions devoted to purposes of education, real estate belonging to various benevolent institutions, such as lunatic asylums and orphan asylums, and in general all real estate devoted to religious, charitable, or educational uses, and not for profit to private individuals, are exempt from taxation.

A LICENSE is a permission or authority to carry on certain kinds of business or certain professions. Attorneys-at-law, doctors, dentists, and persons who manufacture or sell liquors, owners of theaters, and public shows, and people who engage in many other sorts of business must have licenses.

The licenses are issued or given out by commissioners of the revenue, and a certain sum must be paid for each, the money received being part of the public income or revenue for paying the expenses of government. Licenses are granted for a certain time. Many are granted for a year, and some for only a number of months or weeks or days. When the time specified in the license (which is a written or printed paper) expires, a new license must be obtained and another payment made.

It is the duty of the commissioner of the revenue to register (record) the births and deaths in his district. At the time that he ascertains the personal property in his district which is to be taxed, he must ascertain the births and deaths that have occurred during the past year, and enter or write the particulars in books kept by him for the purpose. He must write the name and date of birth of every child, and the name, address, and occupation of the father; and he must enter the name and place of birth, and the names of the parents, of any person who has died.

It is also the duty of the commissioner of revenue to report to the commonwealth's attorney any violation of the revenue or penal laws of which he may have knowledge.

The number of commissioners of revenue is not the same in all the counties. A great many of the counties have four each, and some have less. In counties having more than one, each commissioner has a district for himself.

Superintendent of the Poor.

Appointed by the Circuit Judge, on the recommendation of the Board of Supervisors, for a term of four years; must reside in the county or city for which he is elected. Salary, not to exceed $400.

Duties. Shall have charge of the Poor-house, receive and care for the paupers sent to him by the Overseers of the Poor; receive and disburse, under the direction of the Board of Supervisors, the poor levy; make an annual report to the Board of Supervisors.

In every county there is a POOR-HOUSE, usually having a farm annexed, and in it paupers are received and cared for at the public expense. A. PAUPER is a poor person who has no means of living and is supported in a public or charitable institution. (For OVERSEER OF THE POOR, see under District Organization.)

The POOR LEVY is the tax annually levied for the support of the poor-house. This levy is made by the Board of Supervisors (which see), and the amount collected is received and DISBURSED--that is, expended--by the superintendent of the poor for the purpose for which it is intended.

The superintendent must make a report annually to the Board of Supervisors. This means that he must make a statement for the board once every year, showing the number of paupers provided for during the year, giving the name of each and how long supported, and also showing the total amount of money expended, the work done on the farm, the crops raised, and other information and particulars relating to the management of the institution.

The salary of superintendents of the poor is not the same in all counties. It varies according to the population.

County Surveyor.

Appointed by the Circuit Court, on the recommendation of the Board of Supervisors, for four years; must reside in the county for which he is appointed. Salary, fees and mileage.

Duties. Shall promptly make surveys of land ordered by courts, and return true plat and certificate thereof; establish meridian line; locate land warrants.

A SURVEYOR is one who measures portions of land to ascertain their area, or who ascertains or fixes the boundaries, form, extent and position of any district or territory.

The COUNTY SURVEYOR must survey lands when ordered by the court, and make out and certify a TRUE PLAT of such lands. A PLAT is a plan or map or chart.

A MERIDIAN LINE, as meant in the text, is a line located at some central and easily reached place in the county, running due north and south for not less than three hundred yards, and marked at each end of the three hundred yards upon a solid stone fixed in the earth. This line is necessary for various purposes of surveying and map making. There must be a meridian line marked in every county, and when a new county is formed it is the duty of the surveyor to establish a meridian line.

TO LOCATE LAND WARRANTS is to lay off (mark out) and survey portions of waste land belonging to the State for persons who have purchased any of such land. The warrants or orders for the land are issued by the register of the land office on receipt of the purchase money (see page 37).

Superintendent of Public Schools. See Education.

County Board of School Commissioners.

See Education.

Electoral Board. Appointed by the Circuit or Corporation Court for term of three years; composed of three qualified voters, residents of the county or city. Salary, $2 for each day of actual service, not to exceed $10 a year.

Duties. Appoint for each election district of the county or city a registrar, who shall be a discreet citizen and resident of the election district, and who shall serve for two years; shall provide for new registration when necessary; shall appoint each year three competent citizens who are qualified voters, and who can read and write, to be judges of election for all elections in their respective election districts; shall designate five of the judges of election to act as commissioners, who shall meet at the Clerk's Office, open the election returns and ascertain from them the persons elected.

There is an Electoral Board for each county and city. As the duties of the board may be performed in a few days each year, the total salary for each member is limited to $10 a year.

AN ELECTION DISTRICT is constituted (made up) of a magisterial district in a county, and a WARD in a city. For the former, see MAGISTERIAL DISTRICTS. For WARD, see under GOVERNMENT OF CITIES AND TOWNS.

A REGISTRAR is an officer who registers or enters in books kept for the purpose the names of all persons in his district who are entitled to vote. He must be at his voting place on the second Tuesday in each year to register all qualified voters who shall apply to be registered, and ten days previous to the November elections he must sit one day to amend, and correct the list where necessary, and to register qualified voters not previously registered.

JUDGES OF ELECTION have already been mentioned and some of their duties explained. (See page 14, also under Secretary of the Commonwealth, page 32, and under Board of State Canvassers, page 43, for manner of receiving and dealing with election returns)

Board of Supervisors.

Composed of the Supervisors of the several magisterial districts of the county. Salary, $3 per day and mileage. The County Clerk is the clerk of the Board.

Duties. Shall audit the accounts of the county, and issue warrants in payment of claims; shall settle with the county officers, and take the necessary steps to secure a satisfactory exhibit and settlement of the affairs of the county; examine the books of the Commissioner of the Revenue; fix and order county levies and capitation tax; raise money for county expenses; represent the county; have the care of the county property and the management of the business and concerns of the county in all cases not otherwise provided for.

For SUPERVISORS OF MAGISTERIAL DISTRICTS, see under DISTRICT ORGANIZATION.

THE ACCOUNTS OF THE COUNTY are the statements of public moneys received and expended by county officers. All such statements must be audited by the Board of Supervisors. An EXHIBIT is a paper showing or proving the correctness of money accounts, such as a voucher or a receipt. A CAPITATION tax is a tax on persons (from Latin caput, the head). A capitation tax is levied on all male persons over the age of twenty-one. The Board of Supervisors represents the county in all public matters, as in any action at law taken for or against the county, and it has the care and control generally of the public property, and the direction of the public business affairs of the county.

Assessors.

Appointed for a term of four years; number same as the number of Commissioners of the Revenue; must be a resident of the district for which he is appointed. Salary, $2 for each day he is necessarily employed.

Duties. Examine, immediately after appointment, all the lands and lots, with the improvements thereon, within their respective counties, districts, and corporations, and ascertain and assess the cash value thereof.

The land within the districts is valued by the assessors with the object of fixing upon each property the tax to be levied. When the assessor of a district has completed his valuations and made a record of them, he must send a copy of the record to the auditor of public accounts, another to the commissioner of revenue for the district, and another must be filed and preserved in the office of the county clerk.

Coroner.

Appointed by the Governor upon the recommendation of the Circuit Court. A Justice of the Peace may act as Coroner. Salary, fees.

Duties. To hold inquest over the dead bodies of those supposed to have been killed by violence; may act as sheriff in certain cases.

Every county must have at least one CORONER, but a county may have more than one, if the circuit court thinks it necessary. In such case the court recommends the appointment of a second coroner and nominates two persons for the office. The governor appoints one of them.

The business of the CORONER is to hold an INQUEST or inquiry into every case of death supposed to have been caused by violence. The coroner's inquest is conducted much after the manner of a jury trial. There is a jury of six persons, summoned by the sheriff or sergeant or constable, and sworn "to diligently inquire, and true presentment make, when, how, and by what means the person came by his death."

After witnesses have been examined and the whole case has been thoroughly investigated, the jury gives its verdict. If the jury should find that murder or assault was committed on the deceased, and should charge any person with the crime, the coroner issues his warrant for the arrest of the person, and if found he is arrested and held in prison until he is tried by a judge and jury.

QUESTIONS.

1. By whom are counties organized?

2. What is the advantage of a division of a State into counties?

3. What institutions must each county maintain?

4. What is the COUNTY SEAT?

5. What are county officers?

6. For how long is the sheriff elected, and how is he paid?

7. Mention some of the duties of the sheriff.

8. What is a SENTENCE?

9. Define PROCESS and LEVIES.

10. What are the duties of the county clerk?

11. What is the term of the treasurer, and how is he paid?

12. Name some of the duties of the treasurer.

13. What are the STATE REVENUES?

14. How does the treasurer dispose of the moneys he receives?

15. What do you understand by a DELINQUENT LIST?

16. What are the revenue laws?

17. For how long is the commissioner of the revenue elected?

18. How is he paid?

19. What do you understand by ASCERTAINING all the property, real and personal?

20. What does SUBJECTS OF TAXATION mean?

21. What is a license?

22. What are the duties of the commissioner of the revenue regarding births and deaths?

23 By whom is the superintendent of the poor appointed?

24. What is his term of office?

25. What are the duties of the superintendent of the poor?

26 Where are the poor received and cared for?

27. Define PAUPER, POOR LEVY, and DISBURSED.

28. What does the annual report of the superintendent of the poor tell?

29. How is the county surveyor appointed, and how paid?

30. Mention some of the duties of the county surveyor.

31. Define SURVEYOR.

32. What is a plat?

33. What is a meridian line?

34. What do you understand by LOCATING LAND WARRANTS?

35. By whom is the Electoral Board chosen, and for how long?

36. What is the board composed of, and what remuneration do its members receive?

37. What are the duties of the Electoral Board?

38. What is an electoral district?

39. What is a registrar, arid what are his duties?

40. Of whom is the Board of Supervisors composed?

41. What salary do the members of this board receive?

42. Who is clerk of the board?

43. What are the duties of the Board of Supervisors?

44. What are the accounts of the county?

45. What is an exhibit?

46. What is a capitation tax?

47. Who appoints the assessors?

48. How many assessors are there, and what salary do they receive?

49. What are the duties of the assessors?

50. By whom is the coroner appointed, and how is he paid?

51. What are the duties of the coroner?

52 What do you understand by an inquest?

53. Tell how an inquest is conducted.

IX.

DISTRICT ORGANIZATION.

Magisterial Districts.

Each county shall be divided into as many compactly located magisterial districts as are necessary, not less than three.

There must be at least three and not more than eleven magisterial districts in each county, and in each district there must be one supervisor, three justices of peace, one constable, and one overseer of the poor.

Supervisor.

Elected by the people for four years; must be a resident of the district.

Duties. A member of the Board of Supervisors; shall inspect the roads and bridges in his district.

The general duties of the Board of Supervisors have been already explained, but each supervisor has special duties in his own district. He must inspect the public roads and bridges in his district twice every year to see that they are kept in repair, and he must once a year make a written report to the Board of Supervisors as to their condition.

For the time he is actually employed in such service each supervisor receives two dollars a day, paid out of the public funds of his own district, but he is not allowed for such service more than thirty dollars in any one year.

Justices of the Peace.

Three in each district; elected by the people for four years; must reside in the district. Salary, fees.

Duties. Is a conservator of the peace; must see that the laws are obeyed; may issue warrants, attachments, etc.; may hold court for the trial of causes. (See Justices' Courts.)

The jurisdiction of justices is fully explained under JUSTICES' COURTS. Justices of the peace receive no salaries, but they are allowed fees for the issuing and certifying of several kinds of legal documents.

A CONSERVATOR of the peace is a preserver of the peace. To preserve the peace is one of the chief duties of a justice of the peace, hence the title of his office. If he have good reason to believe that any person intends to commit an offence against another, it is the duty of a justice to issue a warrant for the arrest of such person, and to require him to give bail or security for his good behavior.

In general it is the duty of the justice of the peace to do everything necessary to prevent, as well as to punish, violations of the criminal law in his district.

An ATTACHMENT is a writ directing an officer of the law to arrest and bring into court a person who has been summoned to attend as a witness or a juror, but has failed to appear at the proper time.

Constable.

Elected by the people for four years; must reside in the district. Salary, fees.

Duties. To make arrests; to serve notices; to execute any order, warrant, or process, legally directed to him; attend Justices' Courts; execute its judgments, levy attachments, collect fines, report violations of the penal laws; may act as sheriff in certain cases.

The constable performs in his district the same sort of duties generally that the sheriff performs for the county.

Overseer of the Poor.

Elected by the people for four years; must reside in the district. Salary, $2 for each day actually engaged, but not to exceed $20 per year.

Duties. Shall care for and assist persons unable to maintain themselves, who have a legal settlement in his district; shall remove those not having a legal settlement; shall prevent persons from going about begging; may hold and administer certain property donated to charitable purposes; may place in an asylum, or bind out as an apprentice, any minor found begging, or likely to become chargeable to the county.

A LEGAL SETTLEMENT in the case of a pauper is residence for one year in the district and three years in the State. Paupers not having a legal settlement may be removed to the place where they were last legally settled, but a warrant of removal must be obtained from a justice of the county or district.

A MINOR is a boy or girl under twenty-one years of age.

Conservators of the Peace.

Every judge throughout the State; every justice, commissioner in chancery, and notary within his county or corporation; conductors of railroad trains on their trains; depot agents at their places of business; masters of all steamers navigating the waters of the State on their respective vessels.

A NOTARY, or notary public, is an officer who attests or certifies deeds and other papers, under his official seal. Statements in writing that require to be attested for business or legal purposes are usually taken to a notary to be signed by him after the party has made oath that the statements are true.

Conductors of railroad trains may arrest any persons who violate the peace on their trains, and keep such persons in custody until they can be given over to the proper authorities for trial. Railroad depot agents may do the same at their depots, and the masters or captains of steamers may do the same on their vessels while sailing in the waters within the State. This is what is meant by being CONSERVATORS of the peace. Judges have the same power throughout the State, and justices, commissioners in chancery, and notaries within their districts.

SCHOOL DISTRICTS.

Each magisterial district is also a school district, for which see under Education, page 99.

SCHOOL TRUSTEES.

One school trustee is appointed annually for each school district; see page 99.

DISTRICT BOARD OF SCHOOL TRUSTEES.

This board is composed of three trustees of the district; for its duties, see page 99.

QUESTIONS.

1. How many magisterial districts is a county divided into?

2. For how long is the supervisor elected?

3 What are the duties of a supervisor?

4. How many justices of the peace are elected for a district?

5 What are the duties of a justice of the peace?

6. What is a conservator of the peace?

7. What is an attachment?

8. For how long is a constable elected?

9. What are the duties of the constable?

10. For how long is the overseer of the poor elected?

11. What remuneration does he receive?

12. Name some of his duties.

13. What is a legal settlement?

14. What is a minor?

15. Who are conservators of the peace?

16. What is a notary?

17. What provisions with regard to schools are mentioned as being made in the magisterial districts?

X.

GOVERNMENT OF CITIES AND TOWNS.

A City is an incorporated community containing within well-defined boundaries five thousand or more inhabitants.

A Town is an incorporated community of less than five thousand inhabitants.

A Council includes any body or bodies authorized to make ordinances for the government of a city or town.

An incorporated town or city is a community chartered as a corporation, for explanation of which, see page 14.

Ordinances are laws made by the council of a city or town for managing the public affairs of the city, or town.

COUNCIL.

In towns it is composed of the Mayor and six Councilmen, elected every two years by the people of the town on the second Tuesday in June. The Mayor and each Councilman have the power and authority of a justice in civil matters within the corporate limits, and in criminal matters within these limits and one mile beyond them; may issue processes, and may hear and determine prosecutions, etc. In cities the Councilmen of each ward are elected by the people of such ward. The Council of cities of over ten thousand inhabitants is made up of two branches:--the Board of Aldermen and the Common Council, all of whom are elected for four years, one-half being chosen every two years. These provisions may be modified by the city charter. Members of Common Council shall hold no other office in cities; no city officer shall hold a seat in the General Assembly.

It is the aim of the Constitution that, so far as possible, all cities shall be organized under general laws.

A city charter is the law under which the city is governed. It is passed by the General Assembly, and it makes the city a corporation. It states what powers the corporation may exercise and what officers it may appoint or elect to carry on its government.

A charter is for a city what a constitution is for a State. It prescribes the system under which the city is to be governed.

The powers of the mayor and the councilmen as justices are modified--that is, regulated--by the city charter, so that they may not be exactly the same in all cities.

Cities are divided into districts called wards, and each ward elects a certain number of councilmen.

POWERS. To levy taxes; create corporate debt; impose tax on licenses; enact ordinances, and prescribe fines or other punishment for the violation thereof; appoint a collector of taxes, and other officers; disburse all money collected or received for the corporation; lay off and keep in order streets and public grounds; provide necessary buildings, a fire department, water works, cemeteries, etc.; abate nuisances; establish election districts; alter and rearrange wards; provide for weighing articles of merchandise; judge of the election, qualification, and returns of its own members; protect the property of the city, and preserve peace and good order therein.

To create corporate debt is to borrow money for carrying out purposes of city government. Charters of cities give power to borrow money for such purposes.

A nuisance is anything that is annoying or offensive, or dangerous to the health of citizens.

The council may provide in various parts of the city public weighing machines for weighing articles of merchandise purchased by citizens who may wish to ascertain whether they have got honest weight.

To protect the property of the city and to preserve peace and order is the most important business of the council. For this purpose it has power to organize and maintain a police force.

Mayor of City.

Elected by the people of the city for a term of four years; presides over the Council; and his powers and duties may be modified by the city charter.

Duties. The chief executive officer of the city; shall see that the duties of the various city officers are faithfully performed; may suspend for cause all town or city officers.

To suspend an officer is to remove him from his office for a time until any charge made against him of neglect of duty is investigated and decided on.

City Sergeant.

Elected by the people for four years.