Part 6

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.