Civil Government of Virginia / A Text-book for Schools Based Upon the Constitution of 1902 and Conforming to the Laws Enacted in Accordance Therewith

by William Fayette Fox

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.

Cities of the first class are such as contain more than 10,000 inhabitants. All other cities are termed cities of the second class.

The Constitution requires the maintenance of city or corporation courts in all cities of the first class, but provides for the discontinuance of independent city courts in all cities of the second class whenever the people vote in favor of their abolition.

Upon the abolition of the corporation court in any city of the second class, the circuit courts of the circuit in which the city is located will arrange to hold regular terms in such city the same as in cities of the first class.

Within their respective limits—that is, each in its own city— the corporation courts have the same jurisdiction as the circuit courts. This means that they have power to try the same kind of offences as may be tried in the circuit courts.

JUSTICES' COURTS.

Held by a justice of the peace; in the cities, by the mayor or police justice.

The judge who sits in & justice's court is called a justice of the peace, or simply a justice, and sometimes a police justice. Justices' courts and police courts are the courts in which generally all offences and cases not of a serious nature are tried and disposed of. (See under Justices of the Peace and under Magisterial Districts. For mayor, see under Government of Cities and Towns.)

Jurisdiction. Debt, exclusive of interest, not exceeding $100; fines, damages, etc., not exceeding $20; have jurisdiction of certain cases of unlawful entry and detainer, detinue, and search; may allow bail in certain cases. Shall have concurrent jurisdiction with the County and Corporation Courts of the State in all cases of violations of the revenue laws of the State and of offences arising under certain provisions of the Code, and exclusive original jurisdiction for the trial of all other misdemeanor cases occurring within their jurisdiction.

A person charged with refusing to pay a debt may be brought before a justice's court if the debt, without interest, is not greater than $100, and the justice has power to decide the case. He has also power to try cases in which offenders may be punished by having to pay fines or damages of not more than $20.

DAMAGES means money paid to compensate for the injury or DAMAGE done to any person or person's property.

UNLAWFUL ENTRY is entering unlawfully upon lands belonging to another, and UNLAWFUL DETAINER means unlawful detaining or holding possession of lands or houses belonging to another.

DETINUE is an action in law in which a person seeks to get back property of his which is unlawfully held or DETAINED by another. In such cases the justice may issue a warrant for SEARCH for the property detained.

A WARRANT is a document or paper issued by a judge giving power or authority to a policeman, or other officer of the law, to arrest a criminal, or an offender, in order to have him brought to trial. A warrant issued authorizing an officer to search for property stolen or detained, is called a SEARCH WARRANT. BAIL is security given for the release of a person from prison. When a person is arrested and charged with a crime he may, if the crime be not a very serious one, be let out of prison and left at liberty until trial, if some one will give security or pledge for him that he will appear in court on the day appointed for the trial. If the amount required is small, the security is usually given in the shape of money, but if the amount is large, it is given in the shape of a bond called a BAIL-BOND.

The person giving the bail-bond must be one who owns real estate to the value of the amount of bail, and if the person to be tried does not appear for trial at the time appointed, the person who gives the bond may be required to pay the amount into court.

CONCURRENT jurisdiction is the same or equal jurisdiction. REVENUE is the income or money which the State or corporation receives in the shape of taxes. TAXES are the moneys collected by the State or by towns or cities for defraying the expenses of government. The owners of certain kinds of property have to pay taxes in proportion to the value of their property.

VIOLATION OF THE REVENUE LAWS is a violation of any of the laws made for the levying and collection of taxes. There is a tax upon the selling of certain articles, such as liquors and tobacco, and if a person sells such articles without paying the tax, it is a violation of the revenue laws.

A CODE is a collection of the laws of the State or country. The
Code of Virginia is a book containing the statute laws of
Virginia. A MISDEMEANOR is any crime less than a felony. (For
FELONY, see page 13.)

Hustings Court of the City of Richmond.

Judge elected by the General Assembly for a term of eight years.
Salary, $3,500.

Qualifications. Same as those of a Circuit Judge. Terms. Held monthly except the month of August.

HUSTINGS is the name given to a court formerly held in many cities of England, and applied specially to a court held within the City of London before the Lord Mayor and other magistrates.

Jurisdiction. Exclusive original jurisdiction of all presentments, indictments, and informations for offences committed within the corporate limits (except prosecutions against convicts in the penitentiary); concurrent jurisdiction of all presentments, indictments, and informations for offences committed within the space of one mile beyond the corporate limits on the north side of the James River, and to low-water mark on the south side of James River; concurrent jurisdiction with the Circuit Court of the City of Richmond of actions of forcible or unlawful entry and detainer; exclusive jurisdiction of all appeals from the judgments of the Police Justice's Court, all causes removable from said court, all proceedings for the condemnation of land or property for public use, all motions to correct erroneous assessments.

CORPORATE LIMITS are the limits or boundaries of the area over which the corporation has jurisdiction. Here the phrase means the boundaries of the city of Richmond.

PROSECUTIONS AGAINST CONVICTS are prosecutions against convicts (prisoners) for crimes committed within the prison. All such crimes are tried in the circuit court of the city of Richmond.

CAUSES REMOVABLE FROM SAID COURT (police justice's court) are cases that may at the request of the parties concerned be taken out of that court and tried in another court.

The CONDEMNATION of land or property for public use means the deciding by a proper authority (a court or judge) that certain lands must be given for such use. (See page 12.)

An ASSESSMENT is the valuing of property for the purpose of fixing a tax upon it. If any owner of property in Richmond thinks the valuation of his property too high, and that therefore the tax is too high, he may object to the assessment as ERRONEOUS and have a motion brought before the Hustings Court to have the assessment CORRECTED.

Chancery Court of the City of Richmond.

Judge elected by the General Assembly for term of eight years.
Salary, $3,500.

Qualifications. Same as those of a Circuit Judge.

Terms. Shall hold four terms each year; but shall always be open as a Court of Probate.

For explanation of CHANCERY, see page 50, and for PROBATE, see page 48.

Jurisdiction. Shall exercise, within the corporate limits, exclusive jurisdiction concerning the probate and recordation of wills, the appointment, qualification, and removal of fiduciaries, and the settlement of their accounts; the docketing of judgments; the recordation of deeds and such other papers as are authorized or required by law to be recorded; exclusive jurisdiction of all suits and proceedings in chancery cognizable by law in the Circuit Courts of the Commonwealth, except such as are specially cognizable by the Circuit Court of the City of Richmond, and any duty devolved, or any power or jurisdiction conferred by law on the Circuit Courts, unless otherwise expressly provided, except as to matters of common law and criminal jurisdiction.

The RECORDATION of wills is the recording of them in the court in which they are probated. (For PROBATE OF WILLS, see page 48.) FIDUCIARIES are trustees or persons appointed to hold property in trust for others. The DOCKETING OF JUDGMENTS is making summaries or brief statements of them for the purpose of record. A docket is a small piece of paper containing the heads or principal points of any writing or statement.

A JUDGMENT is a sentence or decision pronounced by a court, or a judge of a court, on any matter tried before it. A DEED is a written paper containing the terms of a contract, or the transfer of real estate by the owner to a purchaser. DEVOLVED means transferred from one person to another.

COMMON LAW is the title given to laws which have not originated in any statute, but derive their force and authority from having been in use for many centuries. The common law of England, upon which the common law of Virginia is based, includes customs of the people of such long standing that the courts took notice of them and gave them the force of law. Common law is the UNWRITTEN law; statute law consists of the laws enacted and recorded by legislatures.

Law and Equity Court of the City of Richmond.

Judge elected by the General Assembly for a term of eight years.
Salary, $3,500.

Qualifications. Same as those of a Circuit Judge. Terms. Shall hold four terms each year, beginning the second Monday in February, May, September, and December, continuing as long as the business of the Court may require.

For EQUITY, see under Circuit Courts, page 50.

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?