Civil Government of Virginia Part 14

18. How are juries in civil and misdemeanor cases chosen?

19. Describe the system of choosing or selecting by lot.

20. How many persons const.i.tute 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 PEt.i.t JURY consist of?

33. What are the duties of a pet.i.t jury?

34. What do you understand by rendering a verdict according to the law and evidence?

VIII.

COUNTY ORGANIZATION.

Counties.

Organized by the General a.s.sembly under the provisions of the Const.i.tution.

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 a.s.sembly. The a.s.sembly may form new counties out of other counties or parts of other counties, but the Const.i.tution 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 a.s.sistants to help him in his duties, which are numerous and important. He is the princ.i.p.al 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, p.r.o.nounced 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 a.s.sist 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 doc.u.ments. 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.