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.