Chapter 7

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.

Duties. Shall perform the duties, etc., prescribed by the city charter; and shall also within the jurisdiction of the courts of his city exercise the same powers, perform the same duties, and be subject to the same liabilities as the sheriff of a county; in towns he shall have the same powers and discharge the same duties as constables, within the corporate limits and for one mile beyond them; shall be the executive officer of the Corporation Court.

LIABILITY means responsibility. Sheriffs are responsible or answerable for the performance of their duties, and if they fail to perform them they may be fined or imprisoned. City sergeants are under the same liabilities.

CITY CLERK.

Elected by the people for eight years. See under Officers of Court.

COMMISSIONER OF THE REVENUE.

Elected by the people for four years. See County Organization.

COMMONWEALTH'S ATTORNEY.

Elected by the people for four years. See County Organization.

TREASURER.

Elected by the people for four years. See County Organization.

SHERIFF OF RICHMOND CITY.

Elected by the people for four years.

Duties. Shall attend the Circuit and Chancery Courts, and act as their executive officer; shall exercise the same powers, perform the same duties, have the same fees and compensation therefor, and be subject to the same penalties touching all processes issued by said courts, or by the clerks thereof, or otherwise lawfully directed to him, that the sheriff of a county exercises, performs, and is entitled or subject to in his county.

CITY SUPERINTENDENTS OF SCHOOLS.

Superintendents of Schools for cities are appointed by the State Board of Education. See under Education, page

QUESTIONS.

1. Define city, town, council.

3. What are ordinances?

8. Of whom is the council composed?

4. What is the term of office of a member of council?

5. What are the powers of the council?

6. How are the Councilmen in cities elected?

7. In cities of over ten thousand inhabitants how is the Council made up?

8. Of whom is the Common Council composed?

9. Are members of this body permitted to hold any other office?

10. What is a city charter?

11. What do you understand by the powers of the mayor and the councilmen as justices being modified?

12. What are wards?

13. Name some of the powers of the council.

14. What does creating corporate debt mean?

15. What is a nuisance?

16. What is the most important business of the council?

17. How is the mayor of a city chosen, and what is his term of office?

18. What are the mayor's duties?

19. What does suspending an officer mean?

20. How is the city sergeant chosen, and what is his term of office?

21. Name some of his duties.

22. What does liability mean?

23. What is the term of office of the commissioner of the revenue, the commonwealth's attorney, and the treasurer?

24. How long does the sheriff of Richmond City hold office?

25. Name some of his duties.

26. Who appoints superintendents of schools for cities?

XI.

EDUCATION.

STATE.-BOARD OF EDUCATION.

Composed of the Governor, Superintendent of Public Instruction, Attorney-General, three experienced educators elected from the faculties of certain State institutions, one City Superintendent of Schools, and one County Superintendent of Schools. These eight constitute the State Board of Education, and their several powers and duties as members of the Board are identical except that the two division superintendents shall not participate in the appointment of any public school official.

This Board shall have the management and investment of school funds; make by-laws for its own government, and for carrying into effect the school laws; audit claims payable out of State funds; arrange for summer normal schools of teachers for instruction in processes of school organization, discipline, and management; select text-books and educational appliances for use in the public schools of the State; appoint (and remove), subject to confirmation by the Senate, all county and city superintendents, and regulate all matters arising in the practical administration of the school system not otherwise provided for.

The three State officers are ex officio members of the Board. The three experienced educators are elected quadrennially by the Senate from a list of eligibles consisting of one from each of the faculties and nominated by the respective boards of visitors or trustees of the University of Virginia, the Virginia Military Institute, the Virginia Polytechnic Institute, the State Female Normal School at Danville, the School for the Deaf and Blind, and also of the College of William and Mary so long as the State continues its annual appropriation to the last-named institution. The city and county superintendents are selected by the other six members for terms of two years each.

School funds are moneys set apart or provided for the support of schools. In Virginia, school funds are provided by the State, the counties, and the districts (see under School Funds).

By-laws are laws or rules made by any association for the management of its affairs. The Board of Education makes by-laws for its own government and for administering the laws relating to the schools.

Claims payable out of State funds are claims which by law are to be paid out of the State funds. Such claims must be audited by the Board of Education. The salaries and expenses of State education officers are paid out of the State fund, and portions of the fund are divided among the counties and cities for the support of schools.

By arranging for meetings of teachers for instruction in the processes of school organization, discipline, and instruction, the State Board of Education does much to improve the schools of the State, and the great yearly institutes are of the highest value to the schools.

One of the most important duties of the State Board is in connection with the selection of text-books and the approval of educational appliances for the equipment of schools.

The general duties of the State Board of Education consist in regulating all matters arising in the practical administration of the school system not otherwise provided for. Uniformity of practice throughout the schools of the State is of the greatest importance, and the State Board wisely secures this by keeping in constant correspondence with officers and teachers throughout the system.

The State Board of Education chooses its own secretary, who is entrusted with many important duties in carrying out the plans and work of the board.

As all division superintendents are appointees of the State Board, it is provided in the Constitution that the two who are members of the State Board shall not participate in the election of school officers.

SUPERINTENDENT OF PUBLIC INSTRUCTION.

Elected by the people of the State for four years; salary, $2,000, and necessary traveling expenses; shall have his office at the capital; shall be the chief executive of the public free school system; shall determine the true intent and meaning of the school laws; shall receive reports from school officers; inspect schools, and decide appeals from the decisions of county superintendents; apportion State funds among the counties and cities of the State.

The public free school system is the system under which, as required by the law of Virginia, the public schools are free to all persons between the ages of five and twenty-one years residing within the school districts.

The superintendent of public instruction is the chief executive officer of the system, and when any dispute arises among school officers as to the meaning or application of school laws, it is his duty to determine--that is, to decide--it.

The superintendent of public instruction is also to a large extent a judicial officer, and his decisions as to the true intent and meaning of the school laws have very nearly as much force as the decisions of the courts.

The reports received from school officers by the State superintendent are embodied in his report made every two years to the governor, and by him transmitted to the General Assembly.

This report, in addition to the information received from the county and city superintendents, contains a large amount of statistics and reports in regard to private schools, colleges, and other institutions which are more or less under the care and subject to the control of the State.

COUNTY.--COUNTY AND CITY SUPERINTENDENTS.

Term, four years, beginning July 1st after appointment; must reside in the county or city for which he is elected, and shall hold no elective office; shall explain the school system, examine teachers and grant certificates, promote the improvement and efficiency of teachers, advise with and counsel trustees and teachers, visit and examine schools under his care and inquire into whatever concerns their usefulness and perfection; decide appeals and complaints; administer oaths and take testimony; apportion the school funds among the districts.

The county and city superintendents must hold examinations at certain times in their counties or cities to examine persons desiring to become teachers, and if, after examination, such persons are found qualified, they receive certificates as teachers.