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diff --git a/4762.txt b/4762.txt new file mode 100644 index 0000000..4e3c6a6 --- /dev/null +++ b/4762.txt @@ -0,0 +1,8863 @@ +The Project Gutenberg EBook of Civil Government of Virginia, by William F. Fox + +Copyright laws are changing all over the world. Be sure to check the +copyright laws for your country before downloading or redistributing +this or any other Project Gutenberg eBook. + +This header should be the first thing seen when viewing this Project +Gutenberg file. Please do not remove it. Do not change or edit the +header without written permission. + +Please read the "legal small print," and other information about the +eBook and Project Gutenberg at the bottom of this file. Included is +important information about your specific rights and restrictions in +how the file may be used. You can also find out about how to make a +donation to Project Gutenberg, and how to get involved. + + +**Welcome To The World of Free Plain Vanilla Electronic Texts** + +**eBooks Readable By Both Humans and By Computers, Since 1971** + +*****These eBooks Were Prepared By Thousands of Volunteers!***** + + +Title: Civil Government of Virginia + +Author: William F. Fox + +Release Date: December, 2003 [EBook #4762] +[Yes, we are more than one year ahead of schedule] +[This file was first posted on March 13, 2002] + +Edition: 10 + +Language: English + +Character set encoding: ASCII + +*** START OF THE PROJECT GUTENBERG EBOOK, CIVIL GOVERNMENT OF VIRGINIA *** + + + + +Robert Rowe, Charles Franks and the Online Distributed Proofreading Team. + + + +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 WM. F. FOX + +SUPT. OF SCHOOLS, RICHMOND, VA. + + + + + +NOTE.-Important changes in every part of the fundamental law of +the State were made by the Constitutional Convention of 1901-2. + +A great many of these changes did not go into full effect until as +late as Feb. 1, 1904; and some are yet to be made effective by the +operation of laws already passed or to be enacted hereafter. Under +the circumstances the author trusts he may be pardoned if some +errors or omissions are found in this work, but it is believed +that in all essential points it is in harmony with the provisions +of the Constitution and the laws of the State as they stand at the +present time. + + + + + +CONTENTS. + + +INTRODUCTION + +I GENERAL PRINCIPLES Bill of Bights--Who May Vote and Hold Office +--Elections + +II LEGISLATIVE, DEPARTMENT The Senate--House of Delegates--General +Assembly + +III EXECUTIVE DEPARTMENT Governor--Lieutenant Governor--Attorney +General + +IV EXECUTIVE DEPARTMENT-Continued + +Secretary of the Commonwealth-Treasurer-Auditor of Public +Accounts--Second Auditor--Register of the Land Office--State +Corporation Commission--Superintendent of the Penitentiary-- +Superintendent of Public Printing--Commissioner of Agriculture and +Immigration--Commissioners of the Sinking Fund--Board of State +Canvassers + +V. JUDICIARY DEPARTMENT + +Supreme Court of Appeals--Circuit Courts--Circuit Court of the +City of Richmond + +VI. JUDICIARY DEPARTMENT-Continued + +Corporation or Hustings Courts--Justices Courts--Hustings Court of +the City of Richmond--Chancery Court of the City of Richmond--Law +and Equity Court of the City of Richmond + +VII OFFICERS OF COURTS Clerks--The Tipstaff and Crier--Sheriff-- +Commonswealth's Attorney Attorneys at-Law Who May Practice Law in +--Virginia Juries--Grand Junes--Petit Jury + +VIII. COUNTY ORGANIZATION + +Counties + +County Officers Sheriff--Commonwealth's Attorney--County Clerk-- +Treasurer--Commissioner of the Revenue--Superintendent of the +Poor--County Surveyor-Superintendent of Public Schools County +Board of School Commissioners--Electoral Board--Board of +Supervisors--Assessors--Coroner + +IX. DISTRICT ORGANIZATION + +Magisterial Districts.--Supervisors.--Justices of the Peace.-- +Constable.--Overseer of the Poor.--Conservators of the Peace. + +X. GOVERNMENT OF CITIES AND TOWNS + +Council.--Mayor.--City Sergeant.--Commissioner of the Revenue. +--Commonwealth's Attorney.--Treasurer.--Sheriff of Richmond City. + +XI. EDUCATION + +State: Board of Education.--Superintendent of Public Instruction. + +County: County and City Superintendents.--School Trustee Electoral +Board.--County School Board. + +District: School Districts.--School Trustees.--District Board of +School Trustees. + +School Funds. + +Teachers. + +OUTLINES or COLONIAL AND STATE HISTORY Colonial Governors.--State +Governors. + +CONSTITUTION OF VIRGINIA + +POPULATION OF VIRGINIA AT VARIOUS DATES + + + + + +INTRODUCTION. + + +The word GOVERNMENT means guidance or direction or management. It +means also the person or persons who rule or control any +establishment or institution. Wherever any number of people live +together in one house, or one town, or city, or country, there +must be government of some kind. + +In the family the parents are the government. They guide and +manage the affairs of the house. They give orders to their +children as to what they must do and what they must not do, and +they see that their orders are obeyed. This is government, and it +is for the benefit of the family. If the children were to do as +they please, there would be no peace or happiness in the home. + +And in their games and amusements out of doors children find that +they must not do as they please. Every game has certain rules or +laws which those who take part in it are required to obey. In the +game of baseball, for example, the players are not allowed to act +as they like. There are rules of the play, and there is an umpire +to see that the rules are observed. + +In the school, too, and in all business establishments there must +be government. The teachers direct the work in their classes, +giving orders to the pupils as to what lessons they must study and +how they must study them. In the store and factory there is a +manager or master who directs the business. If there were no +managers or masters there would be nothing but disorder and +confusion. + +We can see therefore how necessary government is, and we can +understand why it is that there must be government in the country +or state in which we live. There must be laws to direct men how +they must behave towards one another and to punish those who do +wrong. And there must be people to make the laws and people to see +that they are carried out. + +This is CIVIL GOVERNMENT. The word CIVIL means pertaining to the +state, or to the relations between citizens and the state, and the +word STATE means the whole community or body of people living +under one government. + +There are different kinds of government in different countries. In +some countries the government is monarchical--that is, under one +person, a king or emperor--and in some countries it is republican. + +A republican government, or a republic, is a government in which +the chief power is exercised not by one person but by all the +people. The government of the United States is a republican +government. The government of Virginia is a republican government. +The head of the state under a republican form of government is +elected by the people. + +The government in a republic is usually divided into three parts +or DEPARTMENTS. One department makes the laws. This is called the +LEGISLATIVE DEPARTMENT or the legislature. It is formed of a +certain number of persons who are elected at certain times, by the +people, and who meet to make laws that are necessary for the good +of the state or country. + +The second department of government is called the EXECUTIVE +DEPARTMENT, and is also formed of persons who are elected by the +people, and their business is to execute or carry out the laws. +Their duty is to see that every one who violates any law of the +country or state is brought to punishment, and that the laws made +for promoting the well-being and happiness of the people are +carried out. + +The third department of the government is the JUDICIAL DEPARTMENT +or the judiciary. Its members are, in Virginia, chosen by the +legislature. Their duty is to administer the laws, that is to +inquire into every case in which a person is accused of breaking +the laws, and if a person is found to be guilty, to sentence him +to the punishment which the law prescribes for the crime or +offence he has committed. + +In this book full particulars and explanations are given as to the +formation of those three departments of government, the many +duties assigned to each, and how those duties are performed. + +In republics government is usually carried on according to the +wishes of the majority of the people. This is what is called +MAJORITY RULE. At elections to form the legislative or executive +department, different persons or candidates are proposed for each +office, and the candidate who gets a majority of the votes is +elected. A candidate is a person who is proposed for election to +some office. + +Candidates for public offices are proposed or nominated at what +are called CONVENTIONS. A convention is a meeting of electors, or +voters, held for the purpose of agreeing upon or choosing persons +to be candidates for office. Conventions are called together and +conducted by organizations known as PARTIES or POLITICAL PARTIES. +There are usually at least two political parties in every country +in which there is constitutional government. Each of the parties +nominates candidates at every election, and tries in every +legitimate way to persuade the people to vote for its candidates. + +The party whose candidates are elected is called THE PARTY IN +POWER. This is what is known as PARTY GOVERNMENT. + +It is good for the state that there should be political parties. +Each party closely watches the conduct of the other, and if the +party in power make bad laws or execute the laws unfairly or +unjustly, the party out of power appeals to the people by public +speeches and by writing in newspapers, and does what it can to get +the voters to vote against the party in power at the next election +and turn it out of office. + +Every citizen may join either of the parties he pleases, and so +exercise his influence through conventions and elections to secure +good government. And it is the duty of every citizen to do this, +for good government--honest law-makers and honest administrators +of the laws--is one of the greatest blessings a state can have. It +is also the duty of young people to learn about the government and +politics of their state, so that when they come of age they may be +able to perform their part as citizens intelligently and well. + +QUESTIONS. + +1. Define GOVERNMENT. + +2. Give some illustrations of the necessity of government. + +3. What is the necessity for laws in a country? + +4. Define CIVIL. + +5. What is a republic? + +6. What does the government in a republic consist of? + +7. What is the duty of the legislative department? + +8. What is the duty of the executive department? + +9. What is the duty of the judicial department? + +10. What do you understand by majority rule? + +11. What is a convention? + +12. What is a party government? + +13. Why is it good for the state that there should be political +parties? + +14. Why is it the duty of every citizen to become a member of one +of the political parties? + +15. Why is it good for young people to learn about government and +politics? + + + + + +VIRGINIA CIVIL GOVERNMENT + + + + + +I. + +GENERAL PRINCIPLES + + +1. All power is vested in and hence derived from the people; +magistrates are their trustees and servants and at all times +amenable to them. + +2. Government is, or ought to be, instituted for the common +benefit, protection, and security of the people. + +3. No free government, or the blessing of liberty, can be +preserved to any people but by a firm adherence to justice, +moderation, temperance, frugality, and virtue, and by frequent +recurrence to fundamental principles. + +--Bill of Rights. + +The BILL OF RIGHTS is the title of the first article, or chapter, +of the Constitution of Virginia. It is so called because it is a +declaration or statement of the RIGHTS of the people in regard to +government. In English history the name BILL OF RIGHTS is given to +a declaration of rights adopted by the two houses of Parliament in +England in 1688, and soon afterwards passed into law. + +VESTED IN means entrusted to or put in possession of. To vest is +to invest or clothe with power or authority. + +MAGISTRATES are public officers whose duty it is to administer the +laws. The President is the chief magistrate of the nation. It is +his duty to see that the laws of the United States are executed Or +carried out. The governor is the chief magistrate of the State; +the mayor is the chief magistrate of the city. Judges are +magistrates who preside in the courts and administer the law as +applying to the cases brought before them. + +Trustees are persons who hold or have charge of the property of +others in trust, and as guardians, for those to whom it belongs. +Magistrates hold their offices as trustees for the people, and +they are amenable, that is, answerable, to the people. If they do +not perform the duties of their offices honestly, the people can +call them to account and punish them. + +A FREE GOVERNMENT is a government instituted, that is, +established, by the consent of the people. The government of the +United States is a free government, because it has been +established by the people, and the people can change it when they +please. + +"Government ought to be established for the COMMON BENEFIT." This +means that government ought to be for the benefit of all the +people, poor as well as rich, and under a free government all the +people have equal protection from the law. + +FUNDAMENTAL PRINCIPLES are principles or truths according to +which, or upon which, systems, or laws, or institutions, are +FOUNDED. The fundamental principles of free government are that +all men are born equal, and that all men have equal rights to life +and liberty. + +RECURRENCE means A GOING BACK TO. We must frequently recur, or go +back to, fundamental principles in order to preserve free +government. We must also firmly adhere to, or practice justice, +moderation, temperance, and virtue. + +JUSTICE is the doing of what is right. MODERATION means the +avoiding of severity or harshness in our conduct towards others. +TEMPERANCE is the moderate or reasonable use or enjoyment of the +pleasures of life. FRUGALITY is the practice of thrift and economy +as opposed to extravagance. VIRTUE is the practice of the moral +good taught by religion. + +The constitution guarantees to the people the right to make and to +change their own laws; the right of speedy trial by jury; +protection in the enjoyment of their inherent rights; freedom of +elections; freedom of speech; freedom of the press; religious +freedom; equal civil and political rights and public privileges. + +It prohibits excessive bail, excessive fines, the infliction of +cruel and unusual punishments, and the taking of private property +for public uses except by law and with just compensation. + +A CONSTITUTION is a system or plan of government, or a written or +printed statement of the principles and rules according to which a +government is to be conducted. The constitution tells how the +government is to be formed, what it has power to do, and what it +must not do. The Constitution of Virginia GUARANTEES, that is, +secures or makes sure to the people, the right to make or change +the laws. A government under a constitution is called a +CONSTITUTIONAL government. + +TRIAL BY JURY is trial by a judge and certain citizens who are +called the jury. The duty of the judge is to see that the trial is +conducted according to law, and to pass sentence on the accused +person if found guilty. The duty of the jury is to decide, after +hearing the evidence, whether the accused person is guilty or not. +This declaration of the jury is called a VERDICT, a word which +means a TRUE SAYING. + +INHERENT means inseparable from, or not to be taken away. INHERENT +RIGHTS are rights that cannot justly be taken away from the +people. The right to life and liberty is an inherent right of man +which cannot be taken away by any constitution or government. + +FREEDOM OF ELECTIONS means freedom to hold elections to choose the +officers of government, and freedom for every citizen to vote for +the candidate of his choice. FREEDOM OF SPEECH and FREEDOM OF THE +PRESS mean liberty for all to speak or publish what they desire to +say on any subject, being liable to punishment by law if they +speak or publish anything injurious to the reputation of others. +RELIGIOUS FREEDOM means liberty to belong to any religion, or to +worship God in any way that one thinks proper. + +CIVIL RIGHTS are the rights a man is entitled to as a member of +the community, such as the right to trial by jury, the right of +freedom of speech. + +POLITICAL RIGHTS are the rights that belong to men as citizens, +Such, as the right to vote, the right to be candidates for public +office. + +PUBLIC PRIVILEGES are benefits or advantages possessed by some and +not by others, such as charters to corporations or licenses to +carry on certain kinds of business. For example, a license to sell +liquors is a public privilege. It is not for the public good that +it should be given to everybody, but the Constitution guarantees +that under necessary restrictions as to the number of such +licenses granted, all citizens shall have equal rights to such +privileges. + +PRIVATE PROPERTY is property that belongs to private individuals. +It may be taken for public use when necessary. If a government +building has to be erected or a railroad made, the land required +for the purpose may be taken from the owner, but a just price must +be paid for it. + +Who May Vote and Hold Office. Every male citizen of the United +States, who is 21 years old, who has been a resident of the State +two years, of the county, city, or town one year, and of the +precinct in which he offers to vote thirty days next preceding any +election, has been registered and has paid his state poll taxes, +shall be entitled to vote; except idiots and lunatics, persons +convicted after the adoption of the constitution of bribery in any +election, embezzlement of public funds, treason, felony, or petit +larceny, obtaining money or other property under false pretences, +or who have been in any way concerned in a duel. + +All persons entitled to vote shall be eligible to any office +within the gift of the people, except as restricted by the +constitution. + +Excepting the requirements of residence in the voting precinct, +payment of poll tax and registration, the qualifications of jurors +are practically the same as those of voters. + +A CITIZEN is a native of the United States or a foreigner who has +been made a citizen. To be made a citizen, a person must, at least +two years before admission, make a declaration before a judge that +it is his intention to become a citizen of the United States, and +to renounce allegiance to all foreign powers or princes. Having so +declared his intention, and after residing five years in the +United States, he must declare on oath before a judge that he +renounces allegiance to all foreign powers, and that he will +support the Constitution of the United States. He then receives a +paper or document certifying that he is a citizen. The paper is +called a NATURALIZATION paper, and the person who receives it is +said to be NATURALIZED, because it entitles him to all the rights +and privileges of a NATIVE or NATURAL-BORN citizen of the United +States. + +CONVICTED means tried in a public court for a crime and found +guilty. BRIBERY in elections is buying or selling votes, or giving +money or payment in any form to a voter for voting for any +candidate. EMBEZZLEMENT is the crime a person commits who takes +for his own use the money or property of others that has been +entrusted to his care. TREASON is to make war against or try to +overthrow or destroy the government of one's own country. FELONY +is a crime that may be punished by death or imprisonment in state +prison. PETIT LARCENY is the stealing of goods of small value. + +Every voter is required to be registered. This is a most important +proceeding, as it insures the purity of the ballot and the +intelligent exercise of the right of franchise. Elections. Shall +be by ballot; for State, county, corporation and district +officers, shall be held the Tuesday after the first Monday in +November; except for mayors and councils of cities and towns, +which shall be the second Tuesday of June. + +State executive officers elected at a general election shall enter +upon the duties of their respective offices the first of February +next thereafter; members of the House of Delegates and all county, +corporation, and district officers on the first of January, and +Senators on the second Wednesday in January next thereafter; and +mayors and councils of cities and towns on the first of September +next succeeding their election. State executive officers elected +by the General Assembly enter upon their duties the first of March +following their election. + +They shall continue to discharge the duties of their respective +offices until their successors shall have qualified. + +The BALLOT is the printed list containing the names of all the +candidates to be voted for at an election. The places where the +people vote are called POLLS, and they are kept open for one day-- +from sunrise to sunset. At the polls there are officers called +judges or clerks of election. When the voter goes to the poll on +election day, one of the judges hands him a ballot. With the +ballot he goes alone into a small compartment or BOOTH, where +there is a desk with a pencil or pen and ink. There he draws a +mark with the pen or pencil through the names of the candidates he +does not wish to vote for, leaving the names of the candidates he +votes for unmarked He then, folds up the ballot, with the names of +the candidates on the inside, and hands it to one of the judges, +who drops it into a box, where it remains until the votes are +counted after the poll closes. The candidates who receive the +highest number of votes are declared elected. This is done by the +Board of State Canvassers (which see). + +STATE OFFICERS are officers elected by the voters of the whole +State. The governor, the lieutenant-governor, and attorney-general +are State officers. + +A CORPORATION is a body or number of persons formed and authorized +by law to carry on business under one name as a single person. +Banks and railroad and manufacturing companies are corporations. +They are called private corporations because the business they do +is for the benefit of private individuals. The people of cities +and towns have power by law to carry on the government of their +cities and towns as corporations. They are called public +corporations because they are formed for the purpose of +government, and act for the whole people (see under Government of +Cities and Towns) + +QUALIFIED, with regard to State officers, means having taken the +oath of office. The Constitution requires that every person, +before entering upon the discharge of any functions as an officer +of the State, must solemnly swear or affirm that he will support +and maintain the Constitution and laws of the State of Virginia, +and that he will faithfully perform the duty of the office to +which he has been elected. To take this oath is to QUALIFY for the +office. + +The State is entitled to two U. S. Senators and ten +Representatives in Congress, and to twelve votes for President and +Vice-President in the Electoral College. + +The ELECTORAL COLLEGE is the name given to the body of persons who +elect the President and Vice-President of the United States. At a +presidential election, which takes place every four years, the +people do not vote directly for the candidates who have been +nominated for President and Vice-President. They vote for persons +nominated to be ELECTORS, and each State has the right to choose +as many electors as it has senators and representatives in +Congress. Virginia has two senators and ten representatives in +Congress, therefore at the presidential election it chooses twelve +electors. This is what is meant by saying that it has twelve votes +in the Electoral College. + +The members of the Electoral College do not meet all together to +elect the President and Vice-President. The electors of each State +meet in the capital of their own State in January after they are +elected, and vote by ballot for President and Vice-President. +after which they send lists to the President of the United States +Senate showing how they have voted. Those lists are examined in +the Senate and the votes counted. Then the candidates who have +received the votes of a majority of the Electoral College are +declared elected. + +QUESTIONS. + +1. From whom are the powers of government derived? + +2. What are magistrates? + +3. For what is government instituted? + +4. What are fundamental principles? + +5. What is the Bill of Rights? + +6 What is a constitution? + +7. What is trial by jury? + +8 Tell what you understand by freedom of elections, freedom of +speech, freedom of the press, and religious freedom + +9. Tell the difference between civil rights and political rights. + +10. What are public privileges? + +11. What is involuntary servitude? + +12. Define PRIVATE PROPERTY. + +13. Who is entitled to vote, and who is eligible to office? + +14. What is a citizen? + +15. How may one become a citizen? + +16. Define the terms BRIBERY, EMBEZZLEMENT, TREASON, FELONY, PETIT +LARCENY, and DUEL. + +17. What are jurors? + +18. When are the elections for State officers held? + +19. How are elections conducted? + +20. Define BALLOT, POLLS, and BOOTH. + +21. What are State officers? + +22. What is a corporation? + +23. What is the meaning of QUALIFIED? + +24. How many senators and representatives in Congress is the State +entitled to? + +25. How many votes is the State entitled to in the Electoral +College? + +26. What is the Electoral College? + +27. How do the electors choose the President and Vice-President of +the United States? + + + + + +II. + +LEGISLATIVE DEPARTMENT. + + +The legislative power of the commonwealth is vested in a General +Assembly consisting of a Senate and House of Delegates. + +LEGISLATIVE POWER is the power to legislate or make LAWS, hence +the General Assembly is the LEGISLATURE of Virginia. COMMONWEALTH, +which means COMMON WELL-BEING, or common good, is a name sometimes +given to a State or country which has a republican form of +government--that is, a government in which the people are the +supreme power, and in which all the people have common (that is, +equal) interests and common rights. CONSISTING means formed or +made up of. + +A DELEGATE is a person appointed or elected by others to do +business for them as their representative. The members of the +House of Delegates are elected by the people of the State to +represent and act for them in the business of making laws. + +The Senate. + +Number. There are forty Senators, from thirty-nine senatorial +districts. The Lieutenant-Governor is the presiding officer. + +Elected. By the people; one-half being chosen every two years +until the general election in 1907. At that time, and every four +years thereafter, the entire senate will be chosen at one time for +a term of four years. + +Qualifications. A Senator must be an actual resident of the +district for which he is elected; must be legally qualified to +vote for members of the General Assembly; must hold no salaried +office under the State government. + +Powers. Shall select its own officers; choose from its own body, +in the absence of the Lieutenant-Governor, or when he exercises +the office of Governor, a president PRO TEMPORE; confirms or +rejects nominations; has sole power to try impeachment. + +SENATORIAL DISTRICTS are the districts into which a State is +divided for the election of senators. There are thirty-nine +districts in Virginia, and each of them elects one senator, except +the district formed of Richmond and the County of Henrico, which +elects two. PRESIDING OFFICER is a person who PRESIDES or acts as +president or chairman in any assembly or meeting. + +A candidate for the Senate must be LEGALLY QUALIFIED TO VOTE for +members of the General Assembly. This means that he must be a +citizen of the United States, a resident of Virginia for two +years, and have the other legal qualifications of voters as +required by the Constitution. + +PRO TEMPORE is a Latin phrase meaning FOR THE TIME--that is, for a +short time or temporarily. The Senate elects one of its own +members to preside PRO TEMPORE if the lieutenant-governor happen +to be absent, or when he is called upon to act as governor. (See +under Powers and Duties of governor, page 28.) The Senate has the +power to CONFIRM OR REJECT NOMINATIONS. Many public officers of +the State are appointed by the governor, but when he nominates or +NAMES a person for a public office he sends the nomination to the +Senate, and it may confirm--that is, approve of--the nomination, +or it may reject it. If it should reject the nomination, the +person nominated is not appointed. + +IMPEACHMENT means a charge of dishonesty or serious neglect of +duty made against a public official. In an impeachment it is the +House of Delegates which must make the charge and act as +prosecutor, but it is the Senate which must try the case and pass +sentence on the accused, if proved guilty. + +House of Delegates. + +Number. Composed of one hundred members apportioned by statute +among the counties and cities of the State. + +Elected. By the people for two years. + +Qualifications. Same as for Senators. + +Powers. Elects its own Speaker and all other officers; impeaches +State officers, and prosecutes them before the Senate. The Clerk +of the House of Delegates is also Keeper of the Rolls. + +Apportioned means divided or distributed or allotted. A statute is +any law, but the word is most commonly understood to mean a law +made by a legislature representing the people. The number of +delegates appointed to the counties and cities--that is, the +number which each is entitled to elect--is decided by statute in +proportion to the number of inhabitants. + +The chairman of the House of Delegates is called the speaker. The +same title is given to the presiding officer of the lower house in +nearly every legislature in English-speaking countries. + +The rolls are the statutes in written form as passed by the +Assembly. A law when proposed in the Assembly is called a bill. To +become a statute a bill must be voted on and have a majority three +times in the House of Delegates and three times in the Senate and +be signed by the governor. Then it is an act, or a Statute, or a +law. The copy signed by the governor is an engrossed or written +copy, and the official copies of the laws so engrossed are the +rolls, and are preserved by the keeper of the rolls, who is the +clerk of the House of Delegates. + +General Assembly. (Senate and House jointly.) + +Sessions. Biennial. Beginning the second Wednesday in January of +every even year, and continuing sixty days. The session may be +extended not exceeding thirty days. It may be convened in special +session by the Governor. + +The Senate and House of Delegates jointly--that is, both together +--are called the General Assembly. Sessions means sittings or +meetings for business, and biennial means happening once every two +years. The General Assembly meets once every two years, and it +does business for sixty days. If the business necessary to be done +require more time, the session may be extended--that is, +lengthened--thirty days. A special session is a session convened-- +that is, called to meet--for some special or particular business. +The governor may convene such a session whenever he thinks it +necessary. + +Powers. General powers of legislation under the constitution. +Elects U. S. Senators, County and City Electoral Boards, Auditor +of Public Accounts, Second Auditor, Register of the Land Office, +Superintendent of Public Printing, the Judges of the Commonwealth; +decides contests in the election of Governor and Lieutenant- +Governor; confirms or rejects nominations of certain officers made +by the Governor, the State Board of Education, etc. + +Powers means what the General Assembly has power to do. +Legislation is the making of laws. The Assembly has powers of +general legislation under the constitution--that is, of making all +such laws as the constitution directs or does not forbid. +(Explanations are given later on as to the boards and officers +mentioned here which the General Assembly has power to elect.) + +Contests--that is, disputes or differences--may occur in the +election of governor and lieutenant-governor. There may be +contests as to counting of votes or as to the qualifications of +candidates. Such contests are decided by the General Assembly. + +Membership. Each house settles its own rules of proceeding; is +judge of the election, qualification, and returns of its members. +Members are not subject to arrest under any civil process during +the session of the General Assembly, nor for fifteen days next +before the convening, and after the termination of each session; +are privileged from arrest in all cases during the session, except +for treason, felony, perjury, breach of the peace, or a contempt +of court of a criminal nature. + +What is meant by each house being judge of the election, +qualification, and returns of its members is, that it can decide +whether the members are legally elected and qualified. Returns are +the particulars as to names of candidates and the number of votes +cast for each, which the election judges are required to make up +after the close of the poll on election day. The qualifications +necessary for a member of either house are as follows: he must be +twenty-one years of age or over, and a voter of the State of +Virginia, and he must reside in the district for which he is +elected. + +Civil process is a law-proceeding in a case where no crime is +charged, but such as for the recovering of a debt or for the +settlement of a difference relating to business matters. Perjury +is the crime of wilfully making a false oath. When a person +appears as a witness in a court of law he has to take an oath that +he will tell the truth. If after taking such oath he tells what he +knows to be untrue, he is guilty of perjury. + +A breach of the peace is any act of violence which causes public +disturbance, such as one person assaulting another and thereby +causing a quarrel or riot. + +Contempt of court is disobedience to the orders or decrees or +rules of a court of law. Insult or violence to a judge in court +would he criminal contempt. + +Salaries. The President of the Senate and the Speaker of the House +of Delegates, each, $400; and the other members, each, $240 for +attendance and service at each regular session; at all extra +sessions, the President of the Senate and Speaker of the House of +Delegates shall receive, each, $240, and the other members, each, +$120. Members are entitled to mileage. + +In addition to his salary each member of the Assembly receives ten +cents per mile for expenses of traveling to and from the sessions +of the Assembly. This allowance is called mileage. + +Bills may originate in either of the two houses. No bill shall +become a law until it has been read on three different days in +each house except by a vote of four-fifths of the members voting +in each house. + +Every bill which shall have passed the Senate and House of +Delegates shall, before it becomes a law, be presented to the +Governor; if he approve, he shall sign it and it is then a law, +but if not, he shall return it with his objections to the house in +which it originated; who shall proceed to reconsider it. If after +such consideration two-thirds of the members present shall agree +to pass the bill, it shall be sent to the other house, by which it +shall be reconsidered, and if approved by two-thirds of all the +members present, it shall become a law, notwithstanding the +objections of the Governor. + +He may also veto any particular item of an appropriation bill, but +this item may also be passed over his veto by a two-thirds vote of +both houses. + +If any bill shall not be returned by the Governor within five days +after it shall have been presented to him, it shall be a law in +like manner as if he had signed it. + +A bill is a draft or statement of a proposed law. A bill may +originate in either house--that is, it may be first proposed in +either the Seriate or House of Delegates. Any senator or delegate +who wishes to have a new law made must first put it in writing. +Then he himself introduces or proposes it in the house of which he +is a member, or it may be introduced by a committee. + +A committee is a number of persons, usually not a large number, +appointed by a legislature or other body to take charge of and +attend to some particular business. The members of the House of +Delegates and of the Senate are divided into committees, and some +special subject or business is entrusted to each. For example, in +the Senate there are committees on Privileges and Elections, +Public Institutions and Education, and many other subjects; and in +the House of Delegates there are committees on Courts of Justice, +Schools and Colleges, and other subjects. + +Usually proposals for new laws are referred for consideration to +the committee having charge of the subject or business to which +the proposed law relates. Committees in the Senate are elected by +the senators themselves; committees in the House of Delegates are +appointed by the speaker. + +When a new law or bill is introduced it is either proposed by a +committee, or by some member and given for consideration to a +committee. In order to pass, it must be read three times on three +different days (once each day) in the house in which it +originates. + +The first reading is the formal placing or presenting of the bill +before the house. At the second reading the bill is discussed, and +any member who wishes to say anything for or against it is at +liberty to do so. + +Amendments may also be proposed at the second reading. An +amendment is an alteration or a change in the wording or matter of +a bill. After an amendment is discussed the house votes upon it, +and if a majority is for it, the change is made in the bill. + +When all amendments are discussed and voted on, a vote is taken on +the bill as a whole, and if a majority of the members vote for it, +it is read a second time. + +It is then engrossed, or written out, by the clerk of the house, +and read a third time, after which a vote is again taken, and if +there is a majority for it, it passes the house. + +When the bill is passed in the house in which it originated, it is +taken to the other house by the sergeant-at-arms. There it goes +through the same forms of reading and discussion, and if it be +read three times and have a majority in its favor it is passed. It +is then enrolled, after which it is signed by the presiding +officer in each house, and when this is done it is sent to the +governor for his signature. + +The sergeant-at-arms is an officer whose duty it is to preserve +order in the chamber where the sessions of either house are held, +to distribute among the members any papers or documents they may +require, and in general to perform such services as are necessary +for the proper transaction of business. Each house has its own +sergeant-at-arms. + +(For enrolling, see under House of Delegates, page 19.) The +requirements with regard to a bill after it is sent to the +governor are stated in the text above. (For the veto power of the +governor, see page 28.) + +QUESTIONS. + +1. In whom is the legislative power of the commonwealth vested? + +2. What is the legislative power? + +3. Define commonwealth. + +4. What is a delegate? + +5. How many members constitute the Senate? + +6. What are senatorial districts, and how many are there in the +State? + +7. Who is the presiding officer of the Senate? + +8. For how long are senators elected? + +9. What are the qualifications of a senator? + +10. What are the powers of the Senate? + +11. What does impeachment mean? + +12. Who tries a case of impeachment? + +13. How many members of the House of Delegates? + +14. Define statute. + +15. For how long are members of the House of Delegates elected? + +16. What are the qualifications of delegates? + +17. What are the powers of delegates? + +18. Define apportioned. + +19. What is the chairman of the House of Delegates called? + +20. What are the rolls, and by whom are they kept? + +21. What does the General Assembly consist of? + +22. How often are the sessions of the General Assembly held? + +23. What is a special session? + +24. What are the powers of the General Assembly? + +25. What officers does it elect? + +26. What is legislation? + +27. What are contests in elections of governor and lieutenant- +governor, and who decides them? + +28. What is meant by each house being judge of the election, +qualifications, and returns of its members? + +29. What are election returns? + +30. Define civil process. + +31. What is perjury? + +32. What is contempt of court? + +33. What are the salaries of the officers and members of the +Assembly? + +34. What is mileage? + +35. What is a bill? + +36. Tell how a bill becomes a law. + +37. What is a committee? + +38. Define amendment. + + + + + +III. + +EXECUTIVE DEPARTMENT. + + +Governor. + +Elected. By the people for four years. Must reside at the seat of +government during his term of office; not eligible for the next +succeeding term. Salary, $5,000 a year. He shall receive no other +emolument from this or any other government. + +The seat of government is the city or town in which the +Legislature holds its sessions. Richmond is the seat of government +of the State of Virginia. Term is the period of time for which a +public officer is elected. The term of the governor is four years. +He is not eligible--that is, he cannot be elected--for the next +succeeding term--that is, he cannot be governor for two terms, one +immediately following the other. Emolument is salary or +compensation or pay. + +Qualifications. Must be at least thirty years of age; must be a +citizen of the United States; must have been for the five years +next preceding his election a resident of the State. If of foreign +birth, he must have been a citizen of the United States for the +ten years next preceding his election. + +Foreign birth means birth in any country outside the United +States. But the children of American citizens are citizens of the +United States, even though they have been born in another country. + +Powers and Duties. The chief executive officer of the +commonwealth; shall take care that the laws are faithfully +executed; shall communicate to the General Assembly, at every +session, the condition of the commonwealth, and recommend such +measures as he may deem expedient; may call special sessions of +the General Assembly; shall be Commander-in-Chief of the Land and +Naval Forces of the State; may embody the militia to repel +invasion, suppress insurrection, and enforce, the execution of the +laws; shall conduct all intercourse with other and foreign states; +may fill temporarily, during the recess of the General Assembly, +all vacancies in those offices for which the constitution and laws +make no provision; may remit fines and penalties, grant reprieves +and pardons, remove political disabilities, and commute capital +punishment; shall attest all commissions and grants; signs or +vetoes bills passed by the General Assembly. + +The governor is the chief executive officer. He is called chief +because he is the highest public officer of the State, and +executive because it is his duty to execute or carry out the laws. +It is also his duty to send what is called a message to each +session of the General Assembly. The message is a letter or +statement in which he communicates to the Assembly full +information as to the condition of the State, and recommends such +measures--that is, such new laws--as he thinks necessary. + +Militia is a body composed of citizens enrolled and trained as +soldiers for the defence of the State. All able-bodied male +persons between the ages of eighteen and forty-five years may be +called to serve in the militia. Naval forces are military forces +or militia that serve on sea. + +Invasion is the entrance into a State of a military force from +another country for the purpose of conquest. To repel invasion is +to oppose it by force, to drive off the invaders. Insurrection is +a rising or rebellion of people in a State against the government +of their own State. It is the duty of the governor to suppress-- +that is, to put down--insurrection, and to ENFORCE the EXECUTION +of the laws--that is, to carry out the laws by force if necessary. +INTERCOURSE is correspondence with others by letter or message. +When it is necessary to have intercourse with another State or a +foreign country, the governor, as the chief executive and highest +representative of the people, is the person who conducts such +correspondence. + +The recess of the General Assembly is the time when it is not in +session. During recess of the Assembly, the governor may fill +vacancies in public offices for which the Constitution and laws +make no provision. For example, the Constitution and laws make no +provision for the appointment of judges during the recess of +Assembly; therefore, if a judge dies during the recess, the +governor appoints a person to fill the vacancy until the Assembly +meets and elects a new judge. + +A FINE is a PENALTY or punishment in the form of payment of money. +Sometimes a person convicted of an offence against the law is +ordered by the judge to pay a sum of money instead of being sent +to jail. This is called a FINE. But it may happen that the person +is convicted by mistake or by false evidence, or that the fine is +too heavy for the person to pay. In such cases the governor may +REMIT the FINES--that is, release or free the persons from having +to pay. + +The governor may also GRANT REPRIEVES AND PARDONS if he sees good +reason for doing so. A reprieve is a delay of punishment. When a +person is convicted of murder, the judge sentences him to be put +to death on a certain day. But there may be reason for further +inquiry into the case, and to give time for such inquiry the +governor may postpone the execution of the sentence--that is, put +it off to another day. This is called a reprieve. If the further +inquiry should prove that the person is innocent, a full pardon is +granted and the person is set free. + +POLITICAL DISABILITIES are punishments which deprive persons of +certain rights of citizenship. A citizen convicted of bribery in +an election, embezzlement of public funds, treason, felony, or +petit larceny, is by the law of Virginia deprived of the right of +voting. This is a POLITICAL DISABILITY. The person convicted is +legally DISABLED to vote. The governor may remove the disability, +and this restores to the person his right of voting. The governor +may also COMMUTE CAPITAL PUNISHMENT. To COMMUTE is to CHANGE, and +CAPITAL PUNISHMENT is the punishment of DEATH--the punishment +inflicted on persons convicted of murder. The governor may order +that instead of being put to death the convict be imprisoned for +life, or for a number of years. (A convict is a person CONVICTED +or found guilty of crime.) + +The governor shall ATTEST ALL COMMISSIONS AND GRANTS. To ATTEST is +to certify, or bear witness to, and a COMMISSION is a written +paper giving power or authority to some person or persons to +perform a public duty. When a judge is elected he receives a +commission authorizing him to act as such, and the governor +attests the commission by signing his name to it. GRANTS or gifts, +such as grants of public lands or money for educational or other +public objects, are also made in writing, and must be attested by +the governor. (Commissions and other important papers must have +upon them an impression of the seal of the State. The seal is a +circular piece of metal made like a medal or large coin and +bearing on each side certain figures and mottoes. The impression +of the seal shows that the paper has been officially attested or +certified.) + +The VETO power is one of the most important powers possessed by +the governor. When a bill is passed by the General Assembly it is +sent to the governor for his signature. If he SIGN it--that is, +writes his name upon it--it is then a law. If he VETO the bill, or +any item contained in it appropriating money, the bill, or such +part of it as is vetoed, cannot become a law until it is again +passed by a two-thirds vote of both houses. (VETO is a Latin word +meaning I FORBID.) + +In case the Governor dies, or is in any way incapacitated for +performing the duties of his office, the Lieutenant-Governor shall +act; and in case of the inability of both, the President PRO +TEMPORE of the Senate shall act. + +INCAPACITATED for office means legally disqualified. The governor +would be incapacitated if he should refuse to qualify by taking +the necessary oath, or if he should reside out of the State, or if +he should be convicted on impeachment. + +LIEUTENANT-GOVERNOR. + +Elected. At the same time and for the same term as the Governor, +and his qualifications and the manner of his election in all +respects shall be the same. + +He shall be the President of the Senate, but shall have no vote, +except in case of an equal division. + +For the same term means for the same length of time. The governor +is elected for four years. That is his term of office. The term of +the lieutenant-governor is the same. + +An equal division is an equal number voting for and against the +same proposal. If a bill is proposed in the Senate and twenty +senators vote for and twenty against it, that is an equal +division. In such case, and in no other case, the president votes. +He may vote on either side he pleases, and his vote is called a +casting vote. + +ATTORNEY-GENERAL. + +Elected. By the people for four years. Salary, $2,500 and mileage. + +Duties. Shall give his opinion and advice when required to do so +by the Governor, or by any of the public boards and officers at +the seat of government; shall appear as counsel for the State in +all cases in which the commonwealth is interested, depending in +the Supreme Court of Appeals, the Supreme Court of the United +States, the District and Circuit Courts of the United States for +the State of Virginia, and shall discharge such other duties as +may be imposed by the General Assembly. Member of the State Board +of Education. + +An attorney is a person who acts for and in the place of another. +The word is usually applied to a lawyer who is employed by another +to act for him in any law business he wishes to have done. An +attorney who appears in a court of law and acts or defends a +person, or acts against a person accused of crime, is called a +counsel. + +The attorney-general is a lawyer who is elected to do law business +for the State. He must appear in court as counsel for the State in +every case in which the commonwealth (meaning the whole people) is +interested. The commonwealth is interested in every case of crime, +because it is for the interest or well-being of the people that +those who commit crime should be punished. If this were not done-- +if criminals, persons who commit murder or burglary or theft--were +not arrested and punished, no man's life or property would be +safe. The attorney-general must appear and act for the +commonwealth in any of the courts above mentioned whenever there +is a case in any of them in which the people of the State are +interested. + +Depending or pending with reference to a case means that the case +is in court waiting to be tried or decided. (For information as to +Supreme Court of Appeals and Circuit Court of the City of +Richmond, mentioned above, see under Judiciary Department.) + +The Supreme Court of the United States is the highest court of the +United States. Its members or judges are appointed by the +President and hold office for life, and it sits at Washington and +tries cases in which any person or persons are accused of +violating the Constitution of the United States. The members of +the district and circuit courts of the United States are also +appointed by the President. These courts sit in various districts +of States, and try cases in which persons are accused of violating +the laws of the United States--that is, the laws made by Congress. + +The word circuit means a going round. A district in which the same +judges go round at certain times and hold courts in several places +is called a circuit, and the courts so held are called circuit +courts. + +QUESTIONS. + +1. For how many years and by whom is the governor elected? + +2. Where must the governor reside? + +3. Is the governor eligible for a second term? + +4. What is the governor's salary? + +5. What is the seat of government? + +6. What qualifications are necessary in a candidate for governor? + +7. Mention some of the powers and duties of the governor. + +8. Why is the governor called the chief executive officer? + +9. What is the governor's message? + +10. What is the militia? + +11. Define naval forces, invasion, insurrection. + +12. What is a fine? + +13. What is a reprieve? + +14. What are political disabilities? + +15. What is capital punishment? + +16. Define commissions and grants. + +17. What is the veto power? + +18. When does the lieutenant-governor act as governor? + +19. In case of the inability of both the governor and lieutenant- +governor, who acts as governor? + +20. How is the lieutenant-governor chosen? + +21. What are the qualifications of the lieutenant-governor? + +22. Does the lieutenant-governor ever vote in the Senate? + +23. What is an equal division? + +24. What is an attorney? + +25. For how long is the attorney-general elected? + +26. What is his salary? + +27. What are his duties? + +28. What are circuit courts? + + + + + +IV. + +EXECUTIVE DEPARTMENT--Continued. + + +Secretary of the Commonwealth. + +Elected. By the people at the General Election for a term of four +years. Salary, $2,500. + +Duties. Shall keep a record of all executive acts; shall attest +the signature of the Governor on all official documents; shall +keep the seals of the commonwealth; shall arrange and preserve all +records and papers belonging to the Executive Department; shall be +charged with the clerical duties of that department, and render +the Governor such services as he may require in the dispatch of +executive business; shall be general librarian, and have charge of +the library fund; shall receive and transmit election returns +directed by law to be sent to him, and keep a record of the +certified statements and determinations of the Board of State +Canvassers; issue certificates of election; collect tax on State +seal; keep on file the reports of other departments and make and +record a summary of each; record all charters of incorporation; +shall make quarterly reports to the Governor. + +COMMISSIONS are fees or payments for certain work done. The +secretary of the commonwealth may charge fees for making out +copies of any public papers or documents kept hi his office, or +for issuing commissions (letters of appointment) to certain public +officers. The person who receives the copy or commission must pay +the fee. + +A RECORD is a written account or description of any business or +work done. EXECUTIVE ACTS are official acts of the governor. The +secretary of the commonwealth must make records of such acts and +preserve them in his office. He must sign his own name after the +signature of the governor on all official documents. This is +called ATTESTING the signature. + +There are two SEALS OF THE COMMONWEALTH. One is called the GREAT +SEAL, and the other the LESSER SEAL. (For form and description of +seal, see under POWERS AND DUTIES of governor, page 28.) The great +seal is much larger in size than the lesser. It is affixed to +documents signed by the governor which are to be used for purposes +outside the jurisdiction of the State, or, for example, in a +United States court, or in another State or foreign country. The +lesser seal is affixed to public documents signed by the governor +which are issued for use within the State. + +CLERICAL DUTIES are the duties of writing letters, records, and +other papers or documents. A GENERAL LIBRARIAN is one who has +general charge or control of a library. The LIBRARY FUND is the +books and maps belonging to the State. These are kept in the State +library at the capital, and the secretary of the commonwealth is +the librarian. + +ELECTION RETURNS when made up by the judges of election are sent +to the commissioners of elections and afterwards to the Board of +State Canvassers. The board determines and decides who have been +elected, and the secretary must KEEP A RECORD of the Board's +DETERMINATIONS. + +After the election returns are examined by the State board, the +secretary makes out CERTIFICATES OF ELECTION for certain State +officers elected at the polls. The certificate is a paper +certifying or stating that the person has been elected. There is a +TAX or charge on the use of the State seals on certain documents, +and this tax is collected by the secretary of the commonwealth. +The secretary must KEEP ON FILE--that is, preserve--in his office +the reports of other public departments of the State, and make a +summary, or sketch, of the contents of each. + +A CHARTER OF INCORPORATION is a paper or document granted by the +General Assembly, and giving power to a number of persons to carry +on business as a corporation, or to the people of a town or city +to carry on the business of government within their own districts. + +TREASURER. + +Elected. At the General Election for term of four years. Salary, +$2,000 and commissions allowed by law. + +Duties. Shall receive and disburse, only upon a warrant from the +proper Auditor, all moneys paid into the Treasury of the State; +shall pay interest on certain bonds as they become due and +payable; shall be the custodian of bonds held by the Commissioners +of the Sinking Fund, and of bonds deposited by foreign express and +insurance companies doing business in the State; shall make +quarterly and annual reports to the Governor. + +The treasurer is the person who receives and takes charge of money +belonging to the State. The building in which the money is kept +and in which the treasurer has his office is called the treasury. +The treasurer also disburses money. To disburse is to pay out, and +the treasurer cannot disburse without a warrant from the auditor +(see next section). + +The warrant is a writing giving the treasurer power to pay money. +The treasurer pays the interest on State bonds. A bond is a +written paper by which a person binds or pledges himself to pay a +certain sum of money before a certain day. Sometimes the +government has to borrow money, and when it does so it issues +bonds to the persons who loan the money. In these bonds the +government binds itself to pay the money by a certain time, and to +pay a certain amount every year as interest until the principal +(the full amount borrowed) is paid back. + +The sinking fund is money set apart at certain times to pay the +debts due by the government. It is in charge of officers called +commissioners. These commissioners hold bonds for debts due to the +government on account of the sale of public lands, and the +interest of the State in railroads and other corporations. Express +companies and insurance companies whose head-quarters are in +foreign countries, and who do business in Virginia, are required +to give bonds to the State as security that their obligations to +citizens of the State shall be honestly carried out. + +AUDITOR OF PUBLIC ACCOUNTS. + +Elected. By the General Assembly for term of four years beginning +on first day of March succeeding election. Salary, $4,000. + +Duties. Shall audit all pecuniary claims against the commonwealth, +except those chargeable to the Board of Education, Corporation +Commission, or any corporation composed of officers of government, +of the funds and property of which the State is sole owner; shall +settle with officers charged with collecting the revenues of the +State; shall issue warrants directing the Treasurer to receive +money into the Treasury, and warrants upon the Treasurer in +payment of all claims except those mentioned above; shall report +to the Superintendent of Public Instruction by September 15th, in +each year, ninety per cent, of the gross amount of funds +applicable to public school purposes for the current year; shall +make quarterly and annual reports to the Governor. + +An auditor is a person who audits or examines accounts or +statements of the receipt and expenditure of money, to see that +they are correct. + +Pecuniary claims are claims for the payment of money. Such claims +made against the commonwealth are not paid until they are examined +by the auditor of the public accounts. Claims that are chargeable +--that is, to be charged--against the Board of Education, the +Corporation Commission, or corporations of government officers, +are not audited by the auditor of public accounts, but by the +second auditor (see next section). To report ninety per cent, of +the school funds is to state the amount to that extent that is +ready to be apportioned or divided among the cities and counties +for school use (see under sections Superintendent of Public +Instruction and School Funds). + +SECOND AUDITOR. + +Elected. By the General Assembly for four years from the first of +March next succeeding election. Salary, $1,700 and commissions +allowed by law. + +Duties. Shall register all coupon and registered bonds and +fractional certificates issued on account of the public debt, and +all bonds redeemed and cancelled by the Commissioners of the +Sinking Fund; shall be the custodian of the books of the +Commissioners of the Sinking Fund, and securities for money +belonging thereto; shall audit all claims on account of the Board +of Education, Corporation Commission, and any corporation composed +of officers of government, of the funds and property of which the +State is sole owner; shall issue his warrant for all moneys +received into the Treasury, or drawn out of it on account of these +boards and corporations, the Sinking Fund and the Literary Fund; +shall make quarterly and annual reports to the Governor. + +To register bonds is to enter particulars of them in books kept +for the purpose. Coupon bonds are bonds with interest coupons or +certificates attached to them, and bearing no name, but payable to +any person who presents the coupons at the treasury at certain +times. Registered bonds are bonds bearing the name of the person +who receives them, and payable to that person or any person to +whom he may sell or transfer them. + +Fractional certificates are certificates or bonds issued for any +fractional part of one hundred dollars of the public debt. All +other bonds are issued for amounts of one hundred dollars or some +multiple of a hundred. + +A bond is redeemed--that is, bought back--when it is received at +the treasury or office of the sinking fund and the amount of it is +paid to the holder. The bond is then cancelled. To cancel is to +deface or destroy so that the paper or bond cannot be used again. + +A security is something given or deposited as a pledge that money +loaned shall be repaid. Debts may be due to the sinking fund by +railroad or other companies in which the State has an interest, +and securities have to be given that such debts shall be paid. + +The literary fund was formed in 1810 from the sale of public +lands, some of which had been possessed by the Church in colonial +times. The fund has since been increased by the sale of lands +given to the State by Congress for public school purposes. and by +fines collected for offences committed against the State, and by +donations made by private individuals. It is called the literary +fund because it is used for purposes of education. + +Register of the Land Office. + +Elected. By the General Assembly for a term of four years from the +first of March next succeeding election. Salary, $1,800. He is +also Superintendent of Public Buildings. + +Duties. Shall issue grants to all purchasers of waste lands; +record all grants and patents, and furnish lists to the clerks of +the county and corporation courts; shall keep the records, +documents, and entries of Northern Neck Lands, and of lands +granted, or to be granted, by the Commonwealth; shall have care of +the public buildings and all other public property at the seat of +government not placed in charge of others; shall have control of +Capitol Square; shall try, prove, and seal weights and measures; +shall report semi-annually to the Auditor of Public Accounts. + +The land office is the office in which business connected with the +sale or granting of public lands is conducted. This business is +under the control of an officer called the register of the land +office, and public buildings in the State are under his care. He +is also superintendent of weights and measures. At his office are +kept weights and measures, provided by the State, to be furnished +to counties and corporations as standards by which the weights and +measures in business use throughout the State are tested. The +State weights and measures are tried by the register once every +ten years, and when proved to be correct are marked with a seal. +In every county there is a sealer of weights and measures, who +must examine, once every three years, the weights and measures in +use throughout the county, to see that they are up to the +standard. + +A patent is a government paper granting to some person or persons +the sole right to any lands, privileges, or inventions. + +The Northern Neck was the name given in colonial times to the +peninsula lying between the Rappahannock and Potomac Rivers. + +State Corporation Commission. + +Composed of three members appointed by the Governor, subject to +confirmation by the General Assembly, for a term of six years +each. Salary, $4,000 each. + +At least one of the Commissioners must have the qualifications +prescribed for judges of the Supreme Court of Appeals. + +Duties. Shall issue all charters or amendments thereof for +domestic corporations and licenses to do business in the State to +foreign corporations; arrange for visitation, regulation and +control of all corporations doing business in the State; prescribe +the forms of all reports and collect and preserve such reports. +Shall control all transportation companies; fix the amount of +their taxes; prescribe rates, charges and classifications of +traffic and enforce the same. + +Has the powers and authority of a court of record to administer +oaths and compel attendance of witnesses, and all appeals from the +Commission shall be to the Supreme Court of Appeals only. Shall +make annual reports to the governor. + +The term corporation or company includes all trusts, associations +and joint stock companies having any powers or privileges not +possessed by individuals or unlimited partnerships. Charter means +the charter of incorporation under which any such corporation is +formed. + +A transportation company is any company or person engaged in the +business of a common carrier. A transmission company includes any +company or person owning and operating a telephone or telegraph +line for hire. Public service corporations include transportation +and transmission companies, gas, electric light, heat and power +companies and all persons authorized to use or occupy any street +or public place in a manner not permitted to the general public. + +Bonds are certificates of indebtedness issued by any corporation +and secured by a mortgage or trust deed. + +Domestic corporations are such as are chartered under the laws of +Virginia. Foreign corporations are such as are incorporated under +the laws of some other state or country. + +The General Assembly may place under the control of the +Corporation Commission divisions or bureaus of insurance, banking, +etc. + +Every domestic and foreign corporation doing business in the state +shall file in the office of the Corporation Commission an annual +report as prescribed by law setting forth various facts regarding +its business, and organization, the names of its officers, its +place of business and such other information as may be required by +law. + +A corporation may be established for the transaction of any lawful +business or to promote or conduct any legitimate object or +purpose. + +Any number of persons not less than three may associate to +incorporate a college, an alumni association, a literary society, +a cemetery company or association, a fraternal benefit +association, a fraternal association, society, order or lodge, a +society for the prevention of cruelty to children or animals, a +charitable or benevolent association, or social, hunting, fishing +club, or any society, organization or association of a similar +nature. + +A corporation may be limited as to duration to the time stated in +its charter. But when no time is so limited it shall be perpetual, +subject to the power of repeal reserved to the General Assembly. + +A corporation may sue and be sued in any court of law and equity. + +With regard to railroads, canals, and all transportation and +transmission companies, the State Corporation Commission has all +the power and authority formerly belonging to the office of +railroad commissioner; examines them as to their condition, the +causes of accidents, etc.; requires changes and improvements; +contracts with them for the conveyance of convicts, lunatics, etc. + +Every railroad company in Virginia has a charter from the State, +in which are stated certain conditions on which, in the interests +of the people, they must carry on their business. It is the duty +of the Commission to examine the railroads from time to time to +see that they are operated in such a way that there shall be no +danger to the people who travel upon them. + +To contract is to make an arrangement or a bargain for some work +to be done. The Commission makes contracts with the railway +companies for carrying convicts to prison from the place in which +they are tried and convicted, and for carrying lunatics to the +asylum or hospital in which they are to be confined. + +With regard to internal improvements in which the State is +interested, the Commission has all the authority formerly +exercised by the Board of Public Works; appoints State directors +and State proxies for works in which the State is interested; +keeps a register of all property belonging to the State; +represents the State in relation to all corporations whether as a +stockholder, creditor, mortgagor, or otherwise. + +Internal improvements are public works of various kinds for the +improvement of the State, such as railroads, canals, highways. +Money of the State may be invested in the capital of corporations +carrying on internal improvements, and it is the duty of the +Corporation Commission to watch and protect the interests of the +State in such undertakings. + +For this purpose the Commission appoints directors and proxies to +act in such companies. A proxy is a person appointed as a +substitute for another. Proxies are appointed to represent and +vote for the State at meetings of corporations for internal +improvements, in which the State holds stock. + +A TOLL is a charge made for passing certain canals, bridges, etc. +The Commission has the power to fix the amount of toll when it is +not specified in the charter of the canal or bridge company. + +Superintendent of the Penitentiary. + +Appointed. By the Board of Penitentiary Directors for term of four +years. Salary, $1,600. + +Duties. Shall reside at the Penitentiary and be its chief +executive officer; shall have control and custody of the property +of the Penitentiary; shall employ a guard; shall report quarterly +to the Governor, and monthly and annually to the Board of +Directors. + +The PENITENTIARY is the State prison at Richmond in which persons +convicted in the State courts are imprisoned. + +The GUARD is a body of men employed at the prison by the +superintendent to prevent prisoners from escaping and to suppress +rebellion by the prisoners if attempted. The Board of Directors is +the board or body of men who have the management of the +penitentiary. They are also appointed by the governor. + +Superintendent of Public Printing. + +Elected. By the General Assembly for term of four years. Salary, +$1,500. + +Duties. Must be a practical printer; shall have the supervision +and management of the public printing and binding of the +Commonwealth; shall report annually to the Governor, and +biennially to the General Assembly. + +The numerous public departments and offices of the State require +to have a great deal of printing done. The acts passed by the +General Assembly, the reports of public boards and of public +officers, and the proceedings and decisions of some of the courts +have to be printed and bound into books. It is the duty of the +superintendent of public printing to make contracts for such work +and all other printing and binding required for State purposes, +and to see that it is properly done. + +Commissioner of Agriculture and Immigration. + +Elected. By the people at the General Election for term of four +years. Salary, $2,000. + +Duties. Subject to the Board of Agriculture and Immigration, he +shall be the executive officer of the Department; shall examine +and test fertilizers, collect mining and manufacturing statistics, +establish a museum of agricultural and horticultural products, +woods and minerals of the State; shall investigate matters +pertaining to agriculture, the cultivation of crops, and the +prevention of injury to them; shall distribute seeds; shall +disseminate such information relating to the soil, climate, +natural resources, markets, and industries of the State as may +attract capital and induce immigration. + +It is the business of the Board of Agriculture and Immigration to +promote the interests of farming throughout the State and to +encourage the introduction of capital and immigrants into the +State. The COMMISSIONER OF AGRICULTURE is its executive officer. +STATISTICS are statements of facts, usually accompanied by +figures, showing the condition or progress of countries or peoples +or industries. + +The MINING AND MANUFACTURING STATISTICS of the State tell how many +mines and manufacturing establishments are open in the State, how +much work they do, how many people they employ, and give other +important information regarding them. + +A CABINET OF MINERALS is a collection of specimens of minerals, +such as coal, ores, and metals. The commissioner of agriculture +must keep in his office a collection or cabinet of samples or +specimens of the minerals of Virginia, and the place where they +are kept must be open to the public. + +He must also make arrangements for providing from foreign +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. + +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? + + + + + +VII. + +OFFICERS OF COURTS. + + +Clerks. + +In all Justices' Courts, the justices are required to make and +preserve their own dockets. The Clerk of the Court of Appeals is +appointed by the court; the Clerks of the Circuit and Corporation +Courts are elected by the people of the county or corporation in +which the court is held. They hold office for a term of eight +years. Salary, fees and special allowances. + +Duties. Shall record the proceedings of their respective courts +and issue writs in their name; shall be the custodians of all +papers lawfully returned to or filed in the Clerk's office; shall +perform such other duties as are imposed upon them by law. + +The Tipstaff and Crier are the executive officers of the Court of +Appeals. + +For meaning of DOCKET, see under Chancery Court of the City of +Richmond. DOCKETS here mean entries in a book giving lists of +names of persons connected with the cases tried, and particulars +of the proceedings in each case. In justices' courts such dockets +are made and kept by the justice himself. + +The clerks of the courts mentioned have no salaries. They are paid +by fees and special allowances. For example, when a clerk of court +makes out a writ or bond or a copy of any court document, he gets +a fee for doing it. (See under Secretary of the Commonwealth, page +32.) A special allowance is an allowance (or a grant of money) +made by the court for special work done. + +The TIPSTAFF and CRIER are executive officers of the Court of +Appeals--that is, they execute or carry out certain orders of the +court. In some places a sheriff's officer is called a tipstaff, +the name being derived from the custom of such officers bearing a +STAFF TIPPED with metal. + +Criers sometimes are appointed for other courts besides the Court +of Appeals. The name is derived from the practice of proclaiming +or CRYING out in court the commands or orders of the judge. + +Sheriff. + +The Sheriff is the executive officer of the Circuit Court, and of +the Circuit and Chancery Courts of the city of Richmond; the City +Sergeant is the executive officer of the Corporation Courts and +Circuit Courts held for cities, and the Hustings Court for the +city of Richmond; the Constable is the executive officer of the +Justice's Court. + +Though the sheriff is an officer of the courts, he is more +particularly a county officer. His principal duties will, +therefore, be found set forth and explained under County Officers +(see page 74). The city sergeant is also a court officer, but his +duties are limited to cities. They are stated and explained under +Government of Cities and Towns. The duties of the constable, who +is a magisterial district officer, are explained under District +Organization. + +Commonwealth's Attorney. + +Elected by the people at the general election in November for a +term of four years; must reside in the county or corporation for +which he is elected; shall hold no other elective office. Salary, +allowance by the Board of Supervisors and fees. + +Duties. Gives legal advice to the county and district officers, +and prosecutes criminals in the Circuit and Corporation Courts. + +For Board of Supervisors, see page 82. + +LEGAL ADVICE is advice on matters of law. The commonwealth's +attorney prosecutes criminals--that is, he attends in court and +makes the charge, or states the case, and examines witnesses, +against persons charged with crime. + +A WITNESS is a person who tells on oath, in answer to questions, +what he knows about the crime charged against the accused, or +about the facts in a civil case or process. (See civil process and +perjury, page 21.) + +Attorney-at-Law. + +Must hold license granted by any three or more judges of the +Supreme Court of Appeals acting together under such rules and +regulations and upon such examination both as to learning and +character as may be prescribed by the said Court; must be a male +citizen over the age of twenty-one years; must have resided in the +State six months preceding application for a license; and must +qualify before the Court in which he proposes to practice. + +An ATTORNEY-AT-LAW is a person legally qualified and licensed to +act as attorney. A person not a lawyer might be called an attorney +if appointed to do any business on behalf of another, but to be an +attorney-at law a person must be qualified as stated in the text. +(See under Attorney-General, page 29.) A LICENSE is a permission +to perform certain acts. It is usually in writing, and is issued +by persons having legal authority to do so. + +An attorney-at-law must QUALIFY before the court in which he +wishes to practice. This means that he must produce evidence that +he is legally licensed, that he must take an oath that he will +perform his duties as an attorney, and also that he must take an +oath that he will be faithful to the Commonwealth of Virginia. + +Who May Practice Law in Virginia. + +Any person duly authorized and practicing as Counsel or Attorney- +at-Law in any State or Territory of the United + +States, or in the District of Columbia; but if he resides in +Virginia he must pay the prescribed license fee. + +DULY AUTHORIZED means having received the proper license, and +having qualified. PRESCRIBED LICENSE FEE is a certain fee or +charge for the issuing of a license to practice in Virginia. + +Juries. + +Drawn by lot from a list of those well qualified to serve as +jurors, furnished by the Judge of the Circuit or Corporation +Courts. The list shall contain not less than one hundred nor more +than three hundred names. + +All male citizens over twenty-one years of age who have been +residents of the State for two years, and of the county, city, or +town in which they reside for one year next preceding their being +summoned to serve as such and competent in other respects, are +WELL QUALIFIED to SERVE as jurors within the State. But certain +persons are disqualified as not competent, such as idiots, +lunatics, and persons convicted of bribery, perjury, embezzlement +of public funds, treason, felony or petit larceny. + +Certain public officers and persons belonging to certain +professions are exempt from jury service. The governor, the +lieutenant-governor, postmasters, practicing physicians (doctors), +and many others, are exempt from the duty of serving on juries. + +Juries in civil and misdemeanor cases are chosen by lot. Once +every year the judge of each circuit and corporation court makes +out a list containing the names of not less than one hundred and +not more than three hundred persons resident in the county or +corporation and well qualified to serve as jurors. These names are +written on slips of paper or ballots (each name on a separate +ballot) and the ballots, after being folded so that the names may +not be seen, are put into a box kept for the purpose by the clerk +of the court. + +Ten days before any term of a court at which a jury may be +required, the clerk draws sixteen ballots from the box, without +looking at the names until they are all drawn out. The persons +whose names are thus drawn are summoned to attend at the term of +court. Should more than sixteen be required, more are summoned, +and on the day they attend the court their names are written on +ballots and placed in a box, and from them the juries for the +trial of cases are drawn in the manner already stated. This is +what is called choosing or selecting BY LOT, the word lot meaning +chance. It is considered the fairest way of forming a jury. + +If jurors were appointed instead of being selected by lot, persons +having prejudice or ill feeling against one of the parties in the +case might be put on the jury, and the verdict rendered by such +jury might be a very unjust one. But when the selection is by lot +nobody knows who is to be on it, and so it is equally fair to both +sides. + +The number of persons on a jury is usually twelve, but in a civil +case, if both parties consent, there may be a jury of only seven; +or, the case may be tried and decided by a jury of three persons, +one selected by each of the two parties to the suit, and the third +by the other two; or, by the judge without a jury. + +For juries in cases of felony the names of twenty persons residing +at a distance from the place where the crime or offence is said to +have been committed are taken from a list furnished by the circuit +or the corporation court. Those twenty are summoned to attend the +court, and from them a jury panel of sixteen is selected. The +accused person may, without giving any reason, object to, or +strike off, any four of the sixteen, and the remaining twelve will +be the jury to try the case. + +If the accused does not strike off any, or strikes off less than +four, a jury of twelve is selected from the panel by lot. The +attorney for the commonwealth--that is, the attorney who +prosecutes the accused--may CHALLENGE--that is, object to--a +juror, but he must assign a reason for his objection, and if the +judge decides in favor of his objection, the person challenged is +not put on the jury. A panel is a list of persons summoned to +serve as jurors. + +To SUMMON is to call or notify a person or persons to appear in +court. A person who is summoned to attend as a juror and who, +without sufficient reason, fails or neglects to do so, may be +punished by a fine of not less than five nor more than twenty +dollars. + +Persons summoned as jurors are entitled to receive one dollar per +day for service on a jury, and mileage at the rate of four cents +per mile travelled in going to and returning from court. (Further +explanation as to the duties of juries will be found under Petit +Jury, page 71.) + +Grand Jury. + +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. + +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. + +In any case of appeal or complaint against any person connected +with the schools in their districts the county or city +superintendents must hold inquiry into the matter and give +decision upon it. In making such inquiry they can call witnesses +and administer oaths to such witnesses before taking their +testimony. + +It is also the duty of the superintendents to prepare annually a +scheme or plan for apportioning the State and county school funds +among the school districts under their supervision. + +SCHOOL TRUSTEE ELECTORAL BOARD. + +Composed of the County Superintendent of Schools, the +Commonwealth's Attorney, and a resident qualified voter, not a +county or state officer, to be appointed by the Judge of the +Circuit Court; shall fill all vacancies in the district boards of +school trustees. In cities and towns school trustees are appointed +by municipal councils. + +A vacancy occurs every year in each district board. The district +board when first formed was composed of three members, one to +serve three years, one to serve two years, and the other to serve +one year, all appointments afterwards to be for three years each. +Thus there is one vacancy every year in the board, and it is the +duty of the School Trustee Electoral Board to appoint a new +trustee to fill the vacancy. + +County School Board. + +Composed of the County Superintendent (who is ex officio +president) and the District School Trustees of the county--"a body +corporate"; shall make necessary bylaws and regulations, shall +have a regular annual meeting between the 1st and 15th of August; +shall prepare and file with the Superintendent before July 15th an +estimate of the amount of money that will be needed for public +school purposes in the county for the next year, also a similar +list for each school district based on the estimate of the +District Board, which lists the Superintendent shall lay before +the Board of Supervisors; shall make settlement with treasurers +and school officers; shall administer certain properties devoted +to school purposes. + +Ex officio is a Latin phrase meaning by virtue of office. The +county superintendent is president of the County School Board, not +by election or appointment, but because of his office as county +superintendent. + +A body corporate is a corporation, the meaning of which term is +explained on page 14. + +Property of any kind, either public funds or donations from +private persons, set apart or devoted to school purposes in the +county is administered by the County School Board--that is, +managed and used by the board for the support of schools in the +county. + +District.--School Districts. + +Each county shall be divided into compactly located school +districts, which shall correspond with the magisterial districts, +unless specially subdivided; except that a town of five hundred or +more inhabitants may form a separate school district. + +School Trustees. + +One shall be appointed annually for each district for a term of +three years; must be able to read and write. + +School trustees are appointed annually by the School Trustee +Electoral Board, as explained above. + +District Board of School Trustees. + +"A body corporate"--composed of the three trustees of the +district; shall hold and manage the school property of the +district; provide suitable school houses, etc.; enforce school +laws; employ and dismiss teachers; suspend and dismiss pupils; see +that census of children of school age (5 to 21) is taken every +five years; submit to the County School Board annually an estimate +of the amount of money needed for public school purposes in the +district for the next scholastic year. + +In cities the Board is composed of all the trustees in the city, +and its duties and powers are modified and enlarged. + +The census of children is the numbering or counting of the +children residing in the district. + +The scholastic year is the part of the year during which the +schools are open. + +The District Board of School Trustees has the whole care and +administration of the schools in its charge, and is thus the most +important local body in the civil government of the State. + +School Funds. + +1. State Funds. The interest on the literary fund, the capitation +tax, and a tax on property of one mill on the dollar. + +2. County Funds. Such tax as the Board of Supervisors may levy for +county school purposes; fines and penalties imposed on the +Superintendent; donations, or the income arising therefrom. + +3. District Funds. Such tax as the Board of Supervisors may levy +for the purposes of the school district; fines and penalties +imposed on district school officers and teachers; donations, or +income arising therefrom. + +The County or City Treasurer receives and pays out all school +funds. + +For explanation of literary fund, see page 37, and for capitation +tax, see page 82. The tax of one mill on the dollar means a tax of +one mill on each dollar of the assessed valuation of the property. + +Certain fines and other money penalties may be imposed by the +Board of Education or by the courts or county superintendents for +failing or refusing to perform certain duties Such fines and +penalties are added to the school fund for the county + +When district school officers or teachers are fined for neglect of +duty the money goes to the district fund. Donations are +contributions or gifts from private individuals. If such gifts are +real estate, the income arising therefrom is the rent of such real +estate or the interest on the amount realized by its sale. + +Teachers. + +Must hold a certificate of qualification in full force, issued or +approved by the Superintendent of Schools of the county or city +within which he proposes to teach. + +The law requires that a teacher must be at least eighteen years of +age. If the teacher has the necessary education to pass the +required examination, a certain maturity is necessary to insure +good judgment in the government and discipline of the school. + +The value and success of all government depend largely upon the +character and ability of those in authority, and this is +especially true in the government of the school. + +For teachers' certificates of qualification, see above under +County and City Superintendents. + +QUESTIONS. + +1. Who compose the Board of Education? + +2. Name some of the duties of this board. + +3. What is meant by nomination being subject to confirmation by +the Senate? + +4. What are school funds? + +5. What are by-laws? + +6. What are claims payable out of State Funds? + +7. What important work is done at the meetings of teachers +arranged by the State board of Education? + +8. What very important duty has the State Board to perform in +reference to books? + +9. What are the general duties of the board? + +10. How is the superintendent of public instruction chosen? + +11. What is his salary? + +12. What are his duties? + +13. What is the public free school system? + +14. What is the extent of the power of the superintendent of +public instruction? + +15. How often does the superintendent report to the General +Assembly, and what information does his report contain? + +16. Who appoints county and city superintendents, and what is +their term of office? + +17. Name some of the duties of these officers. + +18. Who compose the School Trustee Electoral Board? + +19. What are their duties? + +20. Who compose the County School Board? + +21. Name some of the duties of this board. + +22. How are school districts laid out? + +23. How are school trustees chosen, and what is their terra of +office? + +24. Of whom is the District Board of School Trustees composed? + +25. Name some of the powers of this board. + +26. Of whom is the City Board of Trustees composed? + +27. What is the census of children? + +28. What is a scholastic year? + +29. Tell what State funds, county funds, and district funds are. + +30. Who receives and pays out all school funds? + +31. What does the tax of one mill on the dollar mean? + +32. From what sources besides the tax on property are school funds +obtained? + +33. What are the qualifications of teachers? + + + + + +OUTLINE OF COLONIAL AND STATE HISTORY. + + +1497. John Cabot discovered Labrador, the basis of the English +title to Virginia. + +1585. Virginia was so named by Queen Elizabeth in honor of her +unmarried state. + +1606. Charter granted to the London Company. + +1607. Settlement at Jamestown. + +John Smith, "the Father of the Colony," rescued from death by +Pocahontas, the daughter of Powhatan, the King of the Pamunkey +Indians. + +1608. John Smith President of the Colony. + +1609. The London Company receives its second Charter. + +1610. "The Starving Time." + +1612. Culture of tobacco commenced. + +1613. Pocahontas marries John Rolfe. + +1617. Death of Pocahontas at Gravesend, England. + +1618. "The Great Charter of Virginia" granted by the London +Company. + +1619. Slaves landed from a Dutch ship. + +First Colonial Assembly meets at Jamestown, July 30. + +1621. Formal grant of free government by a written charter. + +A Council of State and a General Assembly established--the model +of every subsequent provincial form of government. + +1622. Massacre of settlers by Indians under Opechancanough. + +1624. Fall of the London Company. + +Virginia becomes a royal province. + +1644. Second Indian Massacre. Opechancanough captured and killed. + +1652-60. Virginia under the Commonwealth. + +1660. Called the "Old Dominion." + +Navigation Acts put into operation by British Government. + +1673. Grant to Lords Culpeper and Arlington of immense estates by +Charles II. + +1676. Bacon's Rebellion. 1693. William and Mary College chartered. + +Postal System adopted. + +1698. The seat of government removed to Williamsburg. + +1699. The Huguenots settle in Virginia. + +1700. First Commencement of William and Mary College. + +1732. Scotch-Irish and Germans settle in the Shenandoah Valley. + +George Washington born February 22. + +1733. Founding of Richmond at the Falls of the James. + +1736. First Virginia Newspaper--"The Virginia Gazette." + +Norfolk incorporated. + +1737. Richmond laid out by Col. William Byrd. + +1742. Richmond incorporated. + +1743. Thomas Jefferson born April 2. + +1754. The French and Indian War begun. Battle of Great Meadows. + +French defeated by Colonists under George Washington. + +1755. Braddock defeated in his attack on Fort Duquesne. + +1758. Fort Duquesne captured by English and Virginia troops. + +1763. "The Parsons' Case." Patrick Henry's Famous Speech. + +End of the French and Indian War. + +1764. Battle of Point Pleasant (now in West Virginia). + +1765. Resolutions of the House of Burgesses against taxation +without representation. + +1765. The British Parliament passes the Stamp Act. + +1766. Stamp Act repealed by Parliament. + +1767. Parliament imposes a tax on tea and other articles. + +1769. Virginia resolves passed by the House of Burgesses, May 16. + +1774. The first Continental Congress met at Philadelphia, +September 9. + +1775. Convention at Richmond "to organize a provincial form of +government and a plan of defense for the Colony." + +End of royal government in Virginia. Committee of Safety +appointed. + +1776. Constitution and Bill of Rights adopted. + +Declaration of Independence written by Thomas Jefferson signed in +Philadelphia, July 4. + +1779. The seat of government removed to Richmond. + +Conquest of the Northwest Territory by Col. George Rogers Clarke. + +1780. Virginia troops defeat the British at King's Mountain, +October 7. + +1781. Richmond captured by British under Benedict Arnold, in +January. + +Cornwallis surrendered at Yorktown, October 19. + +Cession of the Northwest Territory to the Federal Government. + +1785. Act of Religious Freedom. + +1787. Constitution of the United States adopted in convention of +which George Washington was President. + +1788. Ratifies the Constitution of the United States. + +1789. Washington inaugurated first President of the United States, +April 30. + +1799. George Washington died December 14. + +1807. Robert E. Lee born January 19. + +1819. University of Virginia established. + +1826. Thomas Jefferson died July 1. + +1830. Constitution of the State amended. + +1852. Constitution of the State again amended. + +1859. John Brown's attack on Harper's Ferry. + +1861. Ordinance of Secession passed by the Convention. + +Richmond the Capital of the Southern Confederacy. + +Confederate Congress assembled at Richmond, July 20. + +First battle of Manassas, July 21. + +1861-65. Virginia the principal battle ground of the "War between +the States." + +1862. Battle between the "Virginia" and the "Monitor," March 9. + +1863. West Virginia formed and admitted to the Union. + +1865. Provisional Government established in Virginia, May 9. + +1869. Constitution amended. + +Virginia readmitted to the Union. + +1870. State enacts a liberal system of public education. + +Robert E. Lee died October 12. + +1881. Centennial of the surrender of Cornwallis at Yorktown. + +1902. New Constitution in force July 10. + + + + + +COLONIAL GOVERNORS. + + +1607. Capt. Edward Maria Wingfield, President of the Council under +first Charter of the London Company. + +Capt. John Ratcliffe, President of the Council. + +1608. Capt. John Smith, President of the Council. + +1609. Sir George Percy, Acting President of the Council. + +1610. Lord Delaware, first Governor under new Charter of 1609. Sir +Thomas Gates, Lieutenant-Governor under Lord Delaware. + +1611. Sir Thomas Dale, High Marshal under Lord Delaware. + +1616. Sir George Yeardley, Lieutenant-Governor under Lord +Delaware. + +1617. Samuel Argall, Lieutenant-Governor under Lord Delaware. + +1619. Sir George Yeardley, first Governor under the "Great Charter +of Virginia" granted by the London Company. + +1621. Sir Francis Wyatt, second Governor under the "Great +Charter." Put into effect the new constitution. + +1626. Sir George Yeardley, third Governor under the "Great +Charter." + +1627. Francis West, fourth Governor under the "Great Charter." + +1629. John Potts, fifth Governor under the "Great Charter." + +Sir John Harvey, first Royal Governor, appointed by King Charles +I. + +1635. John West, acting Governor, in place of Harvey deposed by +the people. + +1636. Sir John Harvey, reinstated by the King. + +1639. Sir Francis Wyatt, Royal Governor. + +1642. Sir William Berkeley, Royal Governor. Deposed by the +Commonwealth in 1652. + +1652. Richard Bennett, first Governor under the Commonwealth. + +1655. Edward Digges, second Governor under the Commonwealth. + +1656. Samuel Matthews, third Governor under the Commonwealth. + +1660. Sir William Berkeley elected by the House of Burgesses and +reappointed by Charles II. after the Restoration. + +1661. Col. Francis Moryson, Acting Governor. + +1663. Sir William Berkeley reappointed and continued to act as +Governor until 1677. + +1675. Lord Culpeper appointed Royal Governor for life by Charles +II., but did not act as such until 1680. + +1677. Sir Herbert Jeffreys, Lieutenant-Governor and Acting +Governor in absence of Lord Culpeper. + +1678. Sir Henry Chickeley, Lieutenant-Governor and Acting Governor +in absence of Lord Culpeper. + +1684. Lord Howard of Effingham appointed Governor to succeed Lord +Culpeper, deposed in 1683. + +1688. Nathaniel Bacon, Lieutenant-Governor and Acting Governor. + +1690. Francis Nicholson, first Royal Governor appointed after the +Revolution of 1688. + +1692. Sir Edmund Andros, Royal Governor. Founded William and Mary +College. + +1698. Francis Nicholson, Royal Governor. Removed capital to +Williamsburg. + +1704. George Hamilton Douglas, Earl of Orkney, Royal Governor. + +1705. Edward Scott, Lieutenant-Governor and Acting Governor. + +1706. Edmund Jennings, Lieutenant-Governor and Acting Governor. + +1710. Robert Hunter, Lieutenant-Governor and Acting Governor. + +Alexander Spotswood, Lieutenant-Governor and Acting Governor. + +1722. Hugh Drysdale, Lieutenant-Governor and Acting Governor. + +1726. Robert Carter, Lieutenant-Governor and Acting Governor. + +1727. William Gooch, Lieutenant-Governor and Acting Governor. + +1737. William A. Keppel, Earl of Albemarle, Royal Governor. + +1749. John Robinson, Lieutenant-Governor and Acting Governor. + +1750. Thomas Lee, Lieutenant-Governor. Died immediately after his +appointment. + +Louis Burwell, Lieutenant-Governor and Acting Governor. + +1752. Robert Dinwiddie, Lieutenant-Governor. First explored the +Valley. + +1756. John Campbell, Earl of Loudoun, Royal Governor. + +Robert Dinwiddie, Lieutenaut-Governor and Acting Governor. + +1758. John Blair, Lieutenant-Governor and Acting Governor. + +Francis Fauqmer, Lieutenant-Governor and Acting Governor. + +1763. Jeffrey Amherst, Lord Amherst, Royal Governor. + +1768. John Blair, Lieutenant-Governor and Acting Governor. + +Norborne Berkeley, Lord Botetourt, Royal Governor. + +1770. William Nelson, Lieutenant-Governor and Acting Governor. + +1772. Lord Dunmore, Royal Governor until the Revolution. + +1775. Edmund Pendleton, President of the Committee of Safety. + +STATE GOVERNORS. + +1776-1779. Patrick Henry. + +1779-1781. Thomas Jefferson. + +1781. Thomas Nelson. + +1781-1784. Benjamin Harrison. + +1784-1786. Patrick Henry. + +1786-1788. Edmund Randolph. + +1788-1791. Beverly Randolph. + +1791-1794. Henry Lee. + +1794-1796. Robert Brooks. + +1796-1799. James Wood. + +1799-1802. James Monroe. + +1802-1805. John Page + +1805-1808. William H. Cabell. + +1808-1811. John Tyler. + +1811. James Monroe. + +1811-1812. George William Smith, Lieutenant-Governor. + +1812-1814. James Barbour. + +1814-1816. Wilson Cary Nichols. + +1816-1819. James P. Preston. + +1819-1822. Thomas M. Randolph. + +1822-1825. James Pleasants. + +1825-1827. John Tyler. + +1827-1830. William B. Giles. + +1830-1834. John Floyd. + +1834-1836. Littleton Waller Tazewell. + +1836-1837. Wyndham Robertson, Lieutenant-Governor. + +1837-1840. David Campbell. + +1840-1841. Thomas Walker Gilmer. + +1841. John M. Patton. + +1841-1842. John Rutherford. Lieutenant-Governor. + +1842-1843. John M. Gregory. + +1843-1846. James McDowell. + +1846-1849. William Smith. + +1849-1852. John B. Floyd. + +1852-1856. Joseph Johnson. + +1856-1860. Henry Alexander Wise. + +1860-1864. John Letcher. + +1864-1865. William Smith. + +1865-1868. Francis H. Pierpont. + +1868-1869. Henry H. Wells. + +1869-1873. Gilbert C. Walker. + +1873-1877. James L. Kempner. + +1877-1881. Frederick W. M. Holliday. + +1881-1885. William E. Gameron. + +1885-1889. Fitzhugh Lee. + +1889-1893. Philip W. McKinney. + +1893-1897. Charles T. O'Ferrall. + +1897. J. Hoge Tyler. + +1901. A. J. Montague. + + + + + +CONSTITUTION OF VIRGINIA. + + +Whereas, pursuant to an act of the General Assembly of Virginia, +approved March the fifth, in the year of our Lord nineteen +hundred, the question, "shall there be a convention to revise the +Constitution and amend the same?" was submitted to the electors of +the State of Virginia, qualified to vote for members of the +General Assembly, at an election held throughout the State on the +fourth Thursday in May, in the year nineteen hundred, at--which +election a majority of the electors so qualified voting at said +election did decide in favor of a convention for such purpose; +and, + +Whereas, the General Assembly at its next session did provide by +law for the election of delegates to such convention, in pursuance +whereof the members of this Convention were elected by the good +people of Virginia, to meet in convention for such purpose. + +We, therefore, the people of Virginia, so assembled in Convention +through our representatives, with gratitude to God for His past +favors, and invoking His blessings upon the result of our +deliberations, do ordain and establish the following revised and +amended Constitution for the government of the Commonwealth: + + + + + +ARTICLE I. + +BILL OF RIGHTS. + + +A DECLARATION OF RIGHTS, made by the representatives of the good +people of Virginia assembled in full and free Convention; which +rights do pertain to them and their posterity, as the Basis mid +Foundation of Government. + +SECTION 1. That all men are by nature equally free and +independent, and have certain inherent rights, of which, when they +enter into a state of society, they cannot, by any compact, +deprive or divest their posterity, namely, the enjoyment of life +and liberty, with the means of acquiring and possessing property, +and pursuing and obtaining happiness and safety. + +SEC. 2. That all power is vested in, and consequently derived +from, the people; that magistrates are their trustees and +servants, and at all times amenable to them. + +SEC. 3. That government is, or ought to be, instituted for the +common benefit, protection and security of the people, nation or +community; of all the various modes and forms of government, that +is best, which is capable of producing the greatest degree of +happiness and safety, and is most effectually secured against the +danger of maladministration; and, whenever any government shall be +found inadequate or contrary to these purposes, a majority of the +community hath an indubitable, inalienable, and indefeasible right +to reform, alter or abolsh it, in such manner as shall be judged +most conducive to the public weal. + +SEC. 4. That no man, or set of men, is entitled to exclusive or +separate emoluments or privileges from the community, but in +consideration of public services, which not being descendible, +neither ought the offices of magistrate, legislator or judge to be +hereditary. + +SEC 5 That the legislative executive, and judicial departments of +the State should be separate and distinct, and that the members +thereof may be restrained from oppression, by feeling and +participating the burthens of the people, they should, at fixed +periods, be reduced to a private station, return into that body +from which they were originally taken, and the vacancies be +supplied by regular elections, in which all or any part of the +former members shall be again eligible, or ineligible, as the laws +may direct + +SEC 6 That all elections should be free, and that all men, having +sufficient evidence of permanent common interest with, and +attachment to, the community, have the right of suffrage, and can +not be taxed, or deprived of, or damaged in, their property for +public uses without their own consent, or that of their +representatives duly elected, or bound by any law to which they +have not, in like manner, assented for the public good + +SEC 7 That all power of suspending laws, or the execution of laws, +by any authority, without consent of the representatives of the +people, is injurious to their rights, and ought not to be +exercised + +SEC 8 That no man shall be deprived of his life, or liberty, +except by the law of the land, or the judgment of his peers, nor +shall any man be compelled in any criminal proceeding to give +evidence against himself, nor be put twice in jeopardy for the +same offence, but an appeal may be allowed to the Commonwealth in +all prosecutions for the violation of a law relating to the state +revenue + +That in all criminal prosecutions a man hath a right to demand the +cause and nature of his accusation, to be confronted with the +accusers and witnesses, to call for evidence in his favor, and to +a speedy trial by an impartial jury of his vicinage, without whose +unanimous consent he cannot be found guilty, provided, however, +that in any criminal case, upon a plea of guilty, tendered in +person by the accused, and with the consent of the attorney for +the Commonwealth, entered of record, the court shall, and in a +prosecution for an offence not punishable by death, or confinement +in the penitentiary, upon a plea of not guilty, with the consent +of the accused, given in person and of the attorney for the +Commonwealth, both entered of record, the court, in its +discretion, may hear and determine the case, without the +intervention of a jury, and, that the General Assembly may provide +for the trial of offences not punishable by death, or confinement +in the penitentiary, by a justice of the peace, without a jury, +preserving in all such cases, the right of the accused to an +appeal to and trial by jury in the circuit or corporation court, +and may also provide for juries consisting of less than twelve, +but not less than five, for the trial of offences not punishable +by death, or confinement in the penitentiary, and may classify +such cases, and prescribe the number of jurors for each class + +SEC 9 That excessive bail ought not to be required, nor excessive +fines imposed, nor cruel and unusual punishments inflicted + +SEC 10 That general warrants, whereby an officer or messenger may +be commanded to search suspected places without evidence of a fact +committed, or to seize any person or persons not named or whose +offence is not particularly described and supported by evidence, +are grievous and oppressive, and ought not to be granted + +SEC 11 That no person shall be deprived of his property without +due process of law, and in controversies respecting property, and +in suits between man and man, trial by jury is preferable to any +other and ought to be held sacred, but the General Assembly may +limit the number of jurors for civil cases in circuit and +corporation courts to not less than five in cases now cognizable +by justices of the peace, or to not less than seven in cases not +so cognizable + +SEC 12 That the freedom of the press is one of the great bulwarks +of liberty, and can never be restrained but by despotic +governments, and any citizen may freely speak, write and publish +his sentiments on all subjects, being responsible for the abuse of +that right + +SEC 13 That a well regulated milita, composed of the body of the +people, trained to arms, is the proper, natural and safe defence +of a free state, that standing armies, in time of peace, should be +avoided as dangerous to liberty, and that in all cases the +military should be under strict subordination to, and governed by, +the civil power + +SEC 14 That the people have a right to uniform government, and, +therefore, that no government separate from, or independent of, +the government of Virginia, ought to be erected or established +within the limits therof + +SEC 15 That no free government, or the blessing of liberty, can be +preserved to any people, but by a firm adherence to justice, +moderation, temperance, frugality and virtue, and by frequent +recurrence to fundamental principles + +SEC 16 That religion, or the duty which we owe to our Creator, and +the manner of discharging it, can be directed only by reason and +conviction, not by force or violence, and, therefore, all men are +equally entitled to the free exercise of religion, according to +the dictates of conscience, and that it is the mutual duty of all +to practice Christian forbearance, love and charity towards each +other + +SEC 17 The rights enumerated in this Bill of Rights shall not be +construed to limit other rights of the people not therein +expressed. + + + + + +ARTICLE II + +ELECTIVE FRANCHISE AND QUALIFICATIONS FOR OFFICE + + +SEC 18 Every male citizen of the United States, twenty one years +of age, who has been a resident of the State two years, of the +county, city, or town one year, and of the precinct in which he +offers to vote, thirty days, next preceding the election in which +he offers to vote, has been registered, and has paid his state +poll taxes, as hereinafter required, shall be entitled to vote for +members of the General Assembly and all officers elective by the +people; but removal from one precinct to another, in the same +county, city or town shall not deprive any person of his right to +vote in the precinct from which he has moved, until the expiration +of thirty days after such removal. + +SEC. 19. There shall be general registrations in the counties, +cities and towns of the State during the years nineteen hundred +and two and nineteen hundred and three at such times and in such +manner as may be prescribed by an ordinance of this Convention. At +such registrations every male citizen of the United States having +the qualifications of age and residence required in section +Eighteen shall be entitled to register, if he be: + +First. A person who, prior to the adoption of this Constitution, +served in time of war in the army or navy of the United States, of +the Confederate States, or of any state of the United States or of +the Confederate States; or, + +Second. A son of any such person; or, + +Third. A person, who owns property, upon which, for the year next +preceding that in which he offers to register, state taxes +aggregating at least one dollar have been paid; or, + +Fourth. A person able to read any section of this Constitution +submitted to him by the officers of registration and to give a +reasonable explanation of the same; or, if unable to read such +section, able to understand and give a reasonable explanation +thereof when read to him by the officers. + +A roll containing the names of all persons thus registered, sworn +to and certified by the officers of registration, shall be filed, +for record and preservation, in the clerk's office of the circuit +court of the county, or the clerk's office of the corporation +court of the city, as the case may be. Persons thus enrolled shall +not be required to register again, unless they shall have ceased +to be residents of the State, or become disqualified by section +Twenty-three. Any person denied registration under this section +shall have the right of appeal to the circuit court of his county, +or the corporation court of his city, or to the judge thereof in +vacation. + +SEC. 20. After the first day of January, nineteen hundred and +four, every male citizen of the United States, having the +qualifications of age and residence required in section Eighteen, +shall be entitled to register, provided: + +First. That he has personally paid to the proper officer all state +poll taxes assessed or assessable against him, under this or the +former Constitution, for the three years next preceding that in +which he offers to register; or, if he come of age at such time +that no poll tax shall have been assessable against him for the +year preceding the year in which he offers to register, has paid +one dollar and fifty cents, in satisfaction of the first year's +poll tax assessable against him; and, + +Second. That, unless physically unable, he make application to +register in his own handwriting, without aid, suggestion, or +memorandum, in the presence of the registration officers, stating +therein his name, age, date and place of birth, residence and +occupation at the time and for the two years next preceding, and +whether he has previously voted, and, if so, the state, county, +and precinct in which he voted last; and, + +Third. That he answer on oath any and all questions affecting his +qualifications as an elector, submitted to him by the officers of +registration, which questions, and his answers thereto, shall be +reduced to writing, certified by the said officers, and preserved +as a part of their official records. + +SEC. 21. Any person registered under either of the last two +sections, shall have the right to vote for members of the General +Assembly and all officers elective by the people, subject to the +following conditions: + +That he, unless exempted by section Twenty-two, shall, as a +prerequisite to the right to vote after the first day of January, +nineteen hundred and four, personally pay, at least six months +prior to the election, all state poll taxes assessed or assessable +against him, under this Constitution, during the three years next +preceding that in which he offers to vote; provided that, if he +register after the first day of January, nineteen hundred and +four, he shall, unless physically unable, prepare and deposit his +ballot without aid, on such printed form as the law may prescribe; +but any voter registered prior to that date may be aided in the +preparation of his ballot by such officer of election as he +himself may designate. + +SEC. 22. No person who, during the late war between the States, +served in the army or navy of the United States, or the +Confederate States, or any state of the United States, or of the +Confederate States, shall at any time be required to pay a poll +tax as a prerequisite to the right to register or vote. The +collection of the state poll tax assessed against any one shall +not be enforced by legal process until the same has become three +years past due. + +SEC. 23. The following persons shall be excluded from registering +and voting: Idiots, insane persons, and paupers; persons who, +prior to the adoption of this Constitution, were disqualified from +voting, by conviction of crime, either within or without this +State, and whose disabilities shall not have been removed; persons +convicted after the adoption of this Constitution, either within +or without this State, of treason, or of any felony, bribery, +petit larceny, obtaining money or property under false pretences, +embezzlement, forgery, or perjury; persons who, while citizens of +this State, after the adoption of this Constitution, have fought a +duel with a deadly weapon, or sent or accepted a challenge to +fight such duel, either within or without this State, or knowingly +conveyed a challenge, or aided or assisted in any way in the +fighting of such duel. + +SEC. 24. No officer, soldier, seaman, or marine of the United +States army or navy shall be deemed to have gained a residence as +to the right of suffrage, in the State, or in any county, city or +town thereof, by reason of being stationed therein; nor shall an +inmate of any charitable institution or a student in any +institution of learning, be regarded as having either gained or +lost a residence, as to the right of suffrage, by reason of his +location or sojourn in such institution. + +SEC. 25. The General Assembly shall provide for the annual +registration of voters under section Twenty, for an appeal by any +person denied registration, for the correction of illegal or +fraudulent registration, thereunder, and also for the proper +transfer of all voters registered under this Constitution. + +SEC. 26. Any person who, in respect to age or residence, would be +qualified to vote at the next election, shall be admitted to +registration, notwithstanding that at the time thereof he is not +so qualified, and shall be entitled to vote at said election if +then qualified under the provisions of this Constitution. + +SEC. 27. All elections by the people shall be by ballot; all +elections by any representative body shall be viva voce, and the +vote recorded in the journal thereof. + +The ballot-box shall be kept in public view during all elections, +and shall not be opened, nor the ballots canvassed or counted, in +secret. + +So far as consistent with the provisions of this Constitution, the +absolute secrecy of the ballot shall be maintained. + +SEC. 28. The General Assembly shall provide for ballots without +any distinguishing mark or symbol, for use in all state, county, +city, and other elections by the people, and the form thereof +shall be the same in all places where any such election is held. +All ballots shall contain the names of the candidates, and of the +offices to be filled, in, clear print and in due and orderly +succession; but any voter may erase any name and insert another. + +SEC. 29. No voter, during the time of holding any election at +which he is entitled to vote, shall be compelled to perform +military service, except in time of war or public danger; to +attend any court as suitor, juror, or witness; and no voter shall +be subject to arrest under any civil process during his attendance +at election or in going to or returning therefrom. + +SEC. 30. The General Assembly may prescribe a property +qualification not exceeding two hundred and fifty dollars for +voters in any county or subdivision thereof, or city or town, as a +prerequisite for voting in any election for officers, other than +the members of the General Assembly, to be wholly elected by the +voters of such county or subdivision thereof, or city, or town; +such action, if taken, to be had upon the initiative of a +representative in the General Assembly of the county, city, or +town affected: provided, that the General Assembly in its +discretion may make such exemptions from the operation of said +property qualification as shall not be in conflict with the +Constitution of the United States. + +SEC. 31. There shall be in each county and city an electoral +board, composed of three members, appointed by the circuit court +of the county-court--the corporation court of the city, or the +judge of the court in vacation. Of those first appointed, one +shall be appointed for a term of one year, one for a term of two +years, and one for a term of three years; and thereafter their +successors shall be appointed for the full term of three years. +Any vacancy occurring in any board shall be filled by the same +authority for the unexpired term. + +Each electoral board shall appoint the judges, clerks, and +registrars of election for its county or city; and, in appointing +judges of election, representation as far as possible shall be +given to each of the two political parties which, at the general +election next preceding their appointment, cast the highest and +next highest number of votes. No person, nor the deputy of any +person, holding any office or post of profit or emolument, under +the United States Government, or who is in the employment of such +government, or holding any elective office of profit or trust in +the State, or in any county, city, or town thereof, shall be +appointed a member of the electoral board, or registrar, or judge +of election. + +SEC. 32. Every person qualified to vote shall be eligible to any +office of the State or of any county, city, town, or other +subdivision of the State, wherein he resides, except as otherwise +provided in this Constitution, and except that this provision as +to residence shall not apply to any office elective by the people +where the law provides otherwise. Men and women eighteen years of +age shall be eligible to the office of notary public, and +qualified to execute the bonds required of them in that capacity. + +SEC. 33. The terms of all officers elected under this Constitution +shall begin on the first day of February next succeeding their +election, unless otherwise provided in this Constitution. All +officers, elected or appointed, shall continue to discharge the +duties of their offices after their terms of service have expired +until their successors have qualified. + +SEC. 34. Members of the General Assembly and all officers, +executive and judicial, elected or appointed after this +Constitution goes into effect, shall, before they enter on the +performance of their public duties, severally take and subscribe +the following oath or affirmation: + +"I do solemnly swear (or affirm) that I will support the +Constitution of the United States, and the Constitution of the +State of Virginia ordained by the Convention which assembled in +the city of Richmond on the twelfth day of June, nineteen hundred +and one, and that I will faithfully and impartially discharge and +perform all the duties incumbent on me as, according to the best +of my ability; so help me God." + +SEC. 35. No person shall vote at any legalized primary election +for the nomination of any candidate for office unless he is at the +time registered and qualified to vote at the next succeeding +election. + +SEC. 36. The General Assembly shall enact such laws as are +necessary and proper for the purpose of securing the regularity +and purity of general, local and primary elections, and preventing +and punishing any corrupt practices in connection therewith; and +shall have power, in addition to other penalties and punishments +now or hereafter prescribed by law for such offences, to provide +that persons convicted of them shall thereafter be disqualified +from voting or holding office. + +SEC. 37. The General Assembly may provide for the use, throughout +the State or in any one or more counties, cities, or towns in any +election, of machines for receiving, recording, and counting the +votes cast thereat: provided, that the secrecy of the voting be +not thereby impaired. + +SEC. 38. After the first day of January, nineteen hundred and +four, the treasurer of each county and city shall, at least five +months before each regular election, file with the clerk of the +circuit court of his county, or of the corporation court of his +city, a list of all persons in his county or city, who have paid +not later than six months prior to such election, the state poll +taxes required by this Constitution during the three years next +preceding that in which such election is held; which list shall be +arranged alphabetically, by magisterial districts or wards, shall +state the white and colored persons separately, and shall be +verified by the oath of the treasurer. The clerk, within ten days +from the receipt of the list, shall make and certify a sufficient +number of copies thereof, and shall deliver one copy for each +voting place in his county or city, to the sheriff of the county +or sergeant of the city, whose duty it shall be to post one copy, +without delay, at each of the voting places, and, within ten days +from the receipt thereof, to make return on oath to the clerk, as +to the places where and dates at which said copies were +respectively posted; which return the clerk shall record in a book +kept in his office for the purpose; and he shall keep in his +office for public inspection, for at least sixty days after +receiving the list, not less than ten certified copies thereof, +and also cause the list to be published in such other manner as +may be prescribed by law; the original list returned by the +treasurer shall be filed and preserved by the clerk among the +public records of his office for at least five years after +receiving the same. Within thirty days after the list has been so +posted, any person who shall have paid his capitation tax, but +whose name is omitted from the certified list, may, after five +days' written notice to the treasurer, apply to the circuit court +of his county, or corporation court of his city, or to the judge +thereof in vacation, to have the same corrected and his name +entered thereon, which application the court or judge shall +promptly hear and decide. + +The clerk shall deliver, or cause to be delivered, with the poll- +books, at a reasonable time before every election, to one of the +judges of election of each precinct of his county or city, a like +certified copy of the list, which shall be conclusive evidence of +the facts therein stated for the purpose of voting. The clerk +shall also,--within sixty days after the filing of the list by the +treasurer, forward a certified copy thereof, with such corrections +as may have been made by order of the court or judge, to the +Auditor of Public Accounts, who shall charge the amount of the +poll taxes stated therein to such treasurer unless previously +accounted for. + +Further evidence of the prepayment of the capitation taxes +required by this Constitution, as a prerequisite to the right to +register and vote, may be prescribed by law. + + + + + +ARTICLE III. + +DIVISION OF POWERS. + + +SEC. 39. Except as hereinafter provided, the legislative, +executive, and judiciary departments shall be separate and +distinct, so that neither exercise the powers properly belonging +to either of the others, nor any person exercise the power of more +than one of them at the same time. + + + + + +ARTICLE IV. + +LEGISLATIVE DEPARTMENT. + + +SEC. 40. The legislative power of the State shall be vested in a +General Assembly, which shall consist of a Senate and House of +Delegates. + +SEC. 41. The Senate shall consist of not more than forty and not +less than thirty-three members, who shall be elected quadrennially +by the voters of the several senatorial districts, on the Tuesday +succeeding the first Monday in November. + +SEC. 42. The House of Delegates shall consist of not more than one +hundred and not less than ninety members, who shall be elected +biennially by the voters of the several house districts, on the +Tuesday succeeding the first Monday in November. + +SEC. 43. The apportionment of the State into senatorial and house +districts, made by the acts of the General Assembly, approved +April the second, nineteen hundred and two, is hereby adopted; but +a re-apportionment may be made in the year nineteen hundred and +six, and shall be made in the year nineteen hundred and twelve, +and every tenth year thereafter. + +SEC. 44. Any person may be elected senator who, at the time of +election, is actually a resident of the senatorial district and +qualified to vote for members of the General Assembly; and any +person may be elected a member of the House of Delegates who, at +the time of election, is actually a resident of the house district +and qualified to vote for members of the General Assembly. But no +person holding a salaried office under the state government, and +no judge of any court, attorney for the Commonwealth, sheriff, +sergeant, treasurer, assessor of taxes, commissioner of the +revenue, collector of taxes, or clerk of any court, shall be a +member of either house of the General Assembly during his +continuance in office, and the election of any such person to +either house of the General Assembly, and his qualification as a +member thereof, shall vacate any such office held by him; and no +person holding any office or post of profit or emolument under the +United States Government or who is in the employment of such +government, shall be eligible to either house. The removal of a +senator or delegate from the district for which he is elected, +shall vacate his office. + +SEC. 45. The members of the General Assembly shall receive for +their services a salary to be fixed by law and paid from the +public treasury; but no act increasing such salary shall take +effect until after the end of the term for which the members +voting thereon were elected; and no member during the term for +which he shall have been elected, shall be appointed or elected to +any civil office of profit in the State except offices filled by +election by the people. + +SEC. 46. The General Assembly shall meet once in two years on the +second Wednesday in January next succeeding the election of the +members of the House of Delegates and not oftener unless convened +in the manner prescribed by this Constitution. No session of the +General Assembly, after the first under this Constitution, shall +continue longer than sixty days; but with the concurrence of +three-fifths of the members elected to each house, the session may +be extended for a period not exceeding thirty days. Except for the +first session held under this Constitution, members shall be +allowed a salary for not exceeding sixty days at any regular +session, and for not exceeding thirty days at any extra session. +Neither house shall, without the consent of the other, adjourn to +another place nor for more than three days. A majority of the +members elected to each house shall constitute a quorum to do +business, but a smaller number may adjourn from day to day, and +shall have power to compel the attendance of members in such +manner and under such penalty as each house may prescribe. + +SEC. 47. The House of Delegates shall choose its own speaker; and, +in the absence of the Lieutenant-Governor, or when he shall +exercise the office of Governor, the Senate shall choose from +their own body a president pro tempore. Each house shall select +its officers, settle its rules of procedure, and direct writs of +election for supplying vacancies which may occur during the +session of the General Assembly; but, if vacancies occur during +the recess, such writs may be issued by the Governor, under such +regulations as may be prescribed by law. Each house shall judge of +the election, qualification, and returns of its members; may +punish them for disorderly behavior, and, with the concurrence of +two-thirds, expel a member. + +SEC. 48. Members of the General Assembly shall, in all cases, +except treason, felony, or breach of the peace, be privileged from +arrest during the sessions of their respective houses; and for any +speech or debate in either house shall not be questioned in any +other place. They shall not be subject to arrest, under any civil +process, during the sessions of the General Assembly, or the +fifteen days next before the beginning or after the ending of any +session. + +SEC. 49. Each house shall keep a journal of its proceedings, which +shall be published from time to time, and the yeas and nays of the +members of either house on any question shall, at the desire of +one-fifth of those present, be entered on the journal. + +SEC. 50. No law shall be enacted except by bill. A bill may +originate in either house, to be approved or rejected by the +other, or may be amended by either, with the concurrence of the +other. + +No bill shall become a law unless, prior to its passage, it has +been, + +(a) Referred to a committee of each house, considered by such +committee in session, and reported; + +(b) Printed by the house, in which it originated, prior to its +passage therein; + +(c) Read at length on three different calendar days in each house; +and unless, + +(d) A yea and nay vote has been taken in each house upon its final +passage, the names of the members voting for and against entered +on the journal, and a majority of those voting, which shall +include at least two-fifths of the members elected to each house, +recorded in the affirmative. + +And only in the manner required in subdivision (d) of this section +shall an amendment to a bill by one house be concurred in by the +other, or a conference report be adopted by either house, or +either house discharge a committee from the consideration of a +bill and consider the same as if reported; provided that the +printing and reading, or either, required in subdivisions (b) and +(c) of this section, may be dispensed with in a bill to codify the +laws of the State, and in any case of emergency by a vote of four- +fifths of the members voting in each house taken by the yeas and +nays, the names of the members voting for and against, entered on +the journal; and provided further, that no bill which creates, or +establishes a new office, or which creates, continues, or revives +a debt or charge, or makes, continues or revives any appropriation +of public or trust money, or property, or releases, discharges or +commutes any claim or demand of the State, or which imposes, +continues or revives a tax, shall be passed except by the +affirmative vote of a majority of all the members elected to each +house, the vote to be by the yeas and nays, and the names of the +members voting for and against, entered on the journal. Every law +imposing, continuing or reviving a tax shall specifically state +such tax and no law shall be construed as so stating such tax, +which requires a reference to any other law or any other tax. The +presiding officer of each house shall, in the presence of the +house over which he presides, sign every bill that has been passed +by both houses and duly enrolled. Immediately before this is done, +all other business being suspended, the title of the bill shall be +publicly read. The fact of signing shall be entered on the +journal. + +SEC. 51. There shall be a joint committee of the General Assembly, +consisting of seven members appointed by the House of Delegates, +and five members appointed by the Senate, which shall be a +standing committee on special, private, and local legislation. +Before reference to a committee, as provided by section Fifty, any +special, private, or local bill introduced in either house shall +be referred to and considered by such joint committee and returned +to the house in which it originated with a statement in writing +whether the object of the bill can be accomplished under general +law or by court proceeding; whereupon, the bill, with the +accompanying statement, shall take the course provided by section +Fifty. The joint committee may be discharged from the +consideration of a bill by the house in which it originated in the +manner provided in section Fifty for the discharge of other +committees. + +SEC. 52. No law shall embrace more than one object, which shall be +expressed in its title; nor shall any law be revived or amended +with reference to its title, but the act revived or the section +amended shall be re-enacted and published at length. + +SEC. 53. No law, except a general appropriation law, shall take +effect until at least ninety days after the adjournment of the +session of the General Assembly at which it is enacted, unless in +case of an emergency (which emergency shall be expressed in the +body of the bill), the General Assembly shall otherwise direct by +a vote of four-fifths of the members voting in each house, such +vote to be taken by the yeas and nays, and the names of the +members voting for and against entered on the journal. + +SEC. 54. The Governor, Lieutenant-Governor, Attorney-General, +judges, members of the State Corporation Commission, and executive +officers at the seat of government, and all officers appointed by +the Governor or elected by the General Assembly, offending against +the State by malfeasance in office, corruption, neglect of duty, +or other high crime or misdemeanor, may be impeached by the House +of Delegates, and prosecuted before the Senate which shall have +the sole power to try impeachment. When sitting for that purpose, +the senators shall be on oath or affirmation, and no person shall +be convicted without the concurrence of two-thirds of the senators +present. Judgment in case of impeachment shall not extend further +than removal from office and disqualification to hold and enjoy +any office of honor, trust, or profit under the State; but the +person convicted shall nevertheless be subject to indictment, +trial, judgment, and punishment according to law. The Senate may +sit during the recess of the General Assembly for the trial of +impeachments. + +SEC. 55. The General Assembly shall by law apportion the State +into districts, corresponding with the number of representatives +to which it may be entitled in the House of Representatives of the +Congress of the United States; which districts shall be composed +of contiguous and compact territory containing, as nearly as +practicable, an equal number of inhabitants. + +SEC. 56. The manner of conducting and making returns of elections, +of determining contested elections, and of filling vacancies in +office, in cases not specially provided for by this Constitution, +shall be prescribed by law, and the General Assembly may declare +the cases in which any office shall be deemed vacant where no +provision is made for that purpose in this Constitution. + +SEC. 57. The General Assembly shall have power, by a two-thirds +vote, to remove disabilities incurred under section Twenty-three, +of Article Two, of this Constitution, with reference to duelling. + +SEC. 58. The privilege of the writ of habeas corpus shall not be +suspended unless when in cases of invasion or rebellion, the +public safety may require. The General Assembly shall not pass any +bill of attainder, or any ex post facto law, or any law impairing +the obligation of contracts, or any law abridging the freedom of +speech or of the press. It shall not enact any law whereby private +property shall be taken or damaged for public uses, without just +compensation. No man shall be compelled to frequent or support any +religious worship, place, or ministry whatsoever, nor shall be +enforced, restrained, molested, or burthened in his body or goods, +nor shall otherwise suffer on account of his religious opinions or +belief; but all men shall be free to profess, and by argument to +maintain, their opinions in matters of religion, and the same +shall in no wise diminish, enlarge, or affect their civil +capacities. And the General Assembly shall not prescribe any +religious test whatever, or confer any peculiar privileges or +advantages on any sect or denomination, or pass any law requiring +or authorizing any religious society, or the people of any +district within this State, to levy on themselves or others any +tax for the erection or repair of any house of public worship, or +for the support of any church or ministry; but it shall be left +free to every person to select his religious instructor, and to +make for his support such private contract as he shall please. + +SEC. 59. The General Assembly shall not grant a charter of +incorporation to any church or religious denomination, but may +secure the title to church property to an extent to be limited by +law. + +SEC. 60. No lottery shall hereafter be authorized by law; and the +buying, selling, or transferring of tickets or chances in any +lottery shall be prohibited. + +SEC. 61. No new county shall be formed with an area of less than +six hundred square miles; nor shall the county or counties from +which it is formed be reduced below that area; nor shall any +county be reduced in population below eight thousand. But any +county, the length of which is three times its mean breadth, or +which exceeds fifty miles in length, may be divided at the +discretion of the General Assembly. + +SEC. 62. The General Assembly shall have full power to enact local +option or dispensary laws, or any other laws controlling, +regulating, or prohibiting the manufacture or sale of intoxicating +liquors. + +SEC. 63. The General Assembly shall confer on the courts power to +grant divorces, change the names of persons, and direct the sale +of estates belonging to infants and other persons under legal +disabilities, and shall not, by special legislation, grant relief +in these or other cases of which the courts or other tribunals may +have jurisdiction. The General Assembly may regulate the exercise +by courts of the right to punish for contempt. The General +Assembly shall not enact any local, special, or private law in the +following cases:-- + +1. For the punishment of crime. + +2. Providing a change of venue in civil or criminal cases. + +3. Regulating the practice in, or the jurisdiction of, or changing +the rules of evidence in any judicial proceedings or inquiry +before, the courts or other tribunals, or providing or changing +the methods of collecting debts or enforcing judgments, or +prescribing the effect of judicial sales of real estate. + +4. Changing or locating county seats. + +5. For the assessment and collection of taxes, except as to +animals which the General Assembly may deem dangerous to the +farming interests. + +6. Extending the time for the assessment or collection of taxes. + +7. Exempting property from taxation. + +8. Remitting, releasing, postponing, or diminishing any obligation +or liability of any person, corporation, or association, to the +State or to any political subdivision thereof. + +9. Refunding money lawfully paid into the treasury of the State or +the treasury of any political subdivision thereof. + +10. Granting from the treasury of the State, or granting or +authorizing to be granted from the treasury of any political +subdivision thereof, any extra compensation to any public officer, +servant, agent, or contractor. + +11. For conducting elections or designating the places of voting. + +12. Regulating labor, trade, mining or manufacturing, or the rate +of interest on money. + +13. Granting any pension or pensions. + +14. Creating, increasing, or decreasing, or authorizing to be +created, increased, or decreased, the salaries, fees, percentages, +or allowances of public officers during the term for which they +are elected or appointed. + +15. Declaring streams navigable, or authorizing the construction +of booms or dams therein, or the removal of obstructions +therefrom. + +16. Affecting or regulating fencing or the boundaries of land, or +the running at large of stock. + +17. Creating private corporations, or amending, renewing or +extending the charters thereof. + +18. Granting to any private corporation, association, or +individual any special or exclusive right, privilege or immunity. + +19. Naming or changing the name of any private corporation or +association. + +20. Remitting the forfeiture of the charter of any private +corporation except upon the condition that such corporation shall +thereafter hold its charter subject to the provisions of this +Constitution and the laws passed in pursuance thereof. + +SEC. 64. In all the cases enumerated in the last section, and in +every other case which, in its judgment, may be provided for by +general laws, the General Assembly shall enact general laws. Any +general law shall be subject to amendment or repeal, but the +amendment or partial repeal thereof shall not operate directly or +indirectly to enact, and shall not have the effect of the +enactment of a special, private, or local law. + +No general or special law shall surrender or suspend the right and +power of the State, or any political subdivision thereof, to tax +corporations or corporate property, except as authorized by +Article Thirteen. No private corporation, association, or +individual shall be specially exempted from the operation of any +general law, nor shall its operation be suspended for the benefit +of any private corporation, association, or individual. + +SEC. 65, The General Assembly may by general laws, confer upon the +boards of supervisors of counties, and the councils of cities and +towns, such powers of local and special legislation, as it may +from time to time deem expedient, not inconsistent with the +limitations contained in this Constitution. + +SEC. 66. The Clerk of the House of Delegates shall be Keeper of +the Rolls of the State but shall receive no compensation from the +State for his services as such. + +The General Assembly by general law shall prescribe the number of +employees of the Senate and House of Delegates, including the +clerks thereof, and fix their compensation at a per diem for the +time actually employed in the discharge of their duties. + +SEC. 67. The General Assembly shall not make any appropriation of +public funds, of personal property, or of any real estate, to any +church, or sectarian society, association, or institution of any +kind whatever, which is entirely or partly, directly or +indirectly, controlled by any church or sectarian society; nor +shall the General Assembly make any like appropriation to any +charitable institution, which is not owned or controlled by the +State; except that it may, in its discretion, make appropriations +to non-sectarian institutions for the reform of youthful +criminals; but nothing herein contained shall prohibit the General +Assembly from authorizing counties, cities, or towns to make such +appropriations to any charitable institution or association. + +SEC. 68. The General Assembly shall, at each regular session, +appoint a standing committee, consisting of two members of the +Senate and three members of the House of Delegates, which shall be +known as the Auditing Committee. Such committee shall annually, or +oftener in its discretion, examine the books and accounts of the +First Auditor, the State Treasurer, the Secretary of the +Commonwealth, and other executive officers at the seat of +government whose duties pertain to auditing or accounting for the +state revenue, report the result of its investigations to the +Governor, and cause the same to be published in two newspapers of +general circulation in the State. The Governor shall, at the +beginning of each session, submit said reports to the General +Assembly for appropriate action. The committee may sit during the +recess of the General Assembly, receive such compensation as may +be prescribed by law, and employ one or more accountants to assist +in its investigations. + + + + + +ARTICLE V. + +EXECUTIVE DEPARTMENT. + + +SEC. 69. The chief executive power of the State shall be vested in +a Governor. He shall hold office for a term of four years, to +commence on the first day of February next succeeding his +election, and be ineligible to the same office for the term next +succeeding that for which he was elected, and to any other office +during his term of service. + +SEC. 70. The Governor shall be elected by the qualified voters of +the State at the time and place of choosing members of the General +Assembly. Returns of the election shall be transmitted, under +seal, by the proper officers, to the Secretary of the +Commonwealth, who shall deliver them to the Speaker of the House +of Delegates on the first day of the next session of the General +Assembly. The Speaker of the House of Delegates shall, within one +week thereafter, in the presence of a majority of the Senate and +of the House of Delegates, open the returns, and the votes shall +then be counted. The person having the highest number of votes +shall be declared elected; but if two or more shall have the +highest and an equal number of votes, one of them shall lie chosen +Governor by the joint vote of the two houses of the General +Assembly. Contested elections for Governor shall be decided by a +like vote, and the mode of proceeding in such cases shall be +prescribed by law. + +SEC. 71. No person except a citizen of the United States shall be +eligible to the office of Governor; and if such person be of +foreign birth, he must have been a citizen of the United States +for ten years next preceding his election; nor shall any person be +eligible to that office unless he shall have attained the age of +thirty years, and have been a resident of the State for five years +next preceding his election. + +SEC. 72. The Governor shall reside at the seat of government; +shall receive five thousand dollars for each year of his service, +and while in office shall receive no other emolument from this or +any other government. + +SEC. 73. The Governor shall take care that the laws be faithfully +executed; communicate to the General Assembly, at every session, +the condition of the State; recommend to its consideration such +measures as he may deem expedient, and convene the General +Assembly on application of two-thirds of the members of both +houses thereof, or when, in his opinion, the interest of the State +may require. He shall be commander-in-chief of the land and naval +forces of the State; have power to embody the militia to repel +invasion, suppress insurrection and enforce the execution of the +laws; conduct, either in person or in such manner as shall be +prescribed by law, all intercourse with other and foreign states; +and, during the recess of the General Assembly, shall have power +to suspend from office for misbehavior, incapacity, neglect of +official duty, or acts performed without due authority of law, all +executive officers at the seat of government except the +Lieutenant-Governor; but, in any case in which this power is so +exercised, the Governor shall report to the General Assembly, at +the beginning of the next session thereof, the fact of such +suspension and the cause therefor, whereupon the General Assembly +shall determine whether such officer shall be restored or finally +removed; and the Governor shall have power, during the recess of +the General Assembly, to appoint, pro tempore, successors to all +officers so suspended, and to fill, pro tempore, vacancies in all +offices of the State for the filling of which the Constitution and +laws make no other provision; but his appointments to such +vacancies shall be by commissions to expire at the end of thirty +days after the commencement of the next session of the General +Assembly. He shall have power to remit fines and penalties in such +cases, and under such rules and regulations, as may be prescribed +by law, and except when the prosecution has been carried on by the +House of Delegates, to grant reprieves and pardons after +conviction; to remove political disabilities consequent upon +conviction for offences committed prior or subsequent to the +adoption of this Constitution, and to commute capital punishment; +but he shall communicate to the General Assembly, at each session, +particulars of every case of fine or penalty remitted, of reprieve +or pardon granted, and of punishment commuted, with his reasons +for remitting, granting, or commuting the same. + +SEC. 74. The Governor may require information in writing, under +oath, from the officers of the executive department and +superintendents of state institutions upon any subject relating to +the duties of their respective offices and institutions; and he +may inspect at any time their official books, accounts and +vouchers, and ascertain the condition of the public funds in their +charge, and in that connection may employ accountants. He may +require the opinion in writing of the Attorney-General upon any +question of law affecting the official duties of the Governor. + +SEC. 75. Commissions and grants shall run in the name of the +Commonwealth of Virginia, and be attested by the Governor, with +the seal of the Commonwealth annexed. + +SEC. 76. Every bill which shall have passed the Senate and House +of Delegates, shall, before it becomes a law, be presented to the +Governor. If he approve, he shall sign it; but, if not, he may +return it with his objections to the house in which it originated, +which shall enter the objections at large on its journal and +proceed to reconsider the same. If, after such consideration, two- +thirds of the members present, which two-thirds shall include a +majority of the members elected to that house, shall agree to pass +the bill it shall be sent, together with the objections, to the +other house, by which it shall likewise be reconsidered, and if +approved by two-thirds of all the members present, which two- +thirds shall include a majority of the members elected to that +house, it shall become a law, notwithstanding the objections. The +Governor shall have the power to veto any particular item or items +of an appropriation bill, but the veto shall not affect the item +or items to which he does not object. The item or items objected +to shall not take effect except in the manner heretofore provided +in this section as to bills returned to the General Assembly +without his approval. If he approve the general purpose of any +bill, but disapprove any part or parts thereof, he may return it, +with recommendations for its amendment, to the house in which it +originated, whereupon the same proceedings shall be had in both +houses upon the bill and his recommendations in relation to its +amendment, as is above provided in relation to a bill which he +shall have returned without his approval, and with his objections +thereto: provided, that if after such reconsideration, both +houses, by a vote of a majority of the members present in each, +shall agree to amend the bill in accordance with his +recommendations in relation thereto, or either house by such vote +shall fail or refuse to so amend it, then, and in either case the +bill shall be again sent to him, and he may act upon it as if it +were then before him for the first time. But in all the cases +above set forth the votes of both houses shall be determined by +ayes and noes, and the names of the members voting for and against +the bill, or item or items of an appropriation bill, shall be +entered on the journal of each house. If any bill shall not be +returned by the Governor within five days (Sunday excepted) after +it shall have been presented to him, the same shall be a law in +like manner as if he had signed it, unless the General Assembly +shall, by final adjournment, prevent such return; in which case it +shall be a law if approved by the Governor in the manner and to +the extent above provided, within ten days after such adjournment, +but not otherwise. + +SEC. 77. A Lieutenant-Governor shall be elected at the same time +and for the same term as the Governor, and his qualifications and +the manner and ascertainment of his election, in all respects, +shall be the same. + +SEC. 78. In case of the removal of the Governor from office, or of +his death, failure to qualify, resignation, removal from State, or +inability to discharge the powers and duties of the office, the +said office, with its compensation, shall devolve upon the +Lieutenant-Governor; and the General Assembly shall provide by law +for the discharge of the executive functions in other necessary +cases. + +SEC. 79. The Lieutenant-Governor shall be president of the Senate, +but shall have no vote except in case of an equal division; and +while acting as such, shall receive a compensation equal to that +allowed to the Speaker of the House of Delegates. + +SEC. 80. A Secretary of the Commonwealth shall be elected by the +qualified voters of the State at the same time and for the same +term as the Governor; and the fact of his election shall be +ascertained as in the case of the Governor. He shall keep a daily +record of the official acts of the Governor, which shall be signed +by the Governor and attested by the Secretary, and, when required, +he shall lay the same, and any papers, minutes and vouchers +pertaining to his office, before either house of the General +Assembly. He shall discharge such other duties as may be +prescribed By law. All fees received by the Secretary of the +Commonwealth shall be paid into the treasury monthly. + +SEC. 81. A State Treasurer shall be elected by the qualified +voters of the State at the same time and for the same term as the +Governor; and the fact of his election shall be ascertained in the +same manner. His powers and duties shall be prescribed by law. + +SEC. 82. An Auditor of Public Accounts shall be elected by the +joint vote of the two houses of the General Assembly for the term +of four years. His powers and duties shall be prescribed by law. + +SEC. 83. The salary of each officer of the Executive Department, +except in those cases where the salary is determined by this +Constitution, shall be fixed by law; and the salary of no such +officer shall be increased or diminished during the term for which +he shall have been elected or appointed. + +SEC. 84. The General Assembly shall provide by law for the +establishment and maintenance of an efficient system of checks and +balances between the officers at the seat of government entrusted +with the collection, receipt, custody, or disbursement of the +revenues of the State. + +SEC. 85. All State officers, and their deputies, assistants or +employees, charged with the collection, custody, handling or +disbursement of public funds, shall be required to give bond for +the faithful performance of such duties; the amount of such bond +in each case, and the manner in which security shall be furnished, +to be specified and regulated by law. + +SEC. 86. The General Assembly shall have power to establish and +maintain a Bureau of Labor and Statistics, under such regulations +as may be prescribed by law. + + + + + +ARTICLE VI. + +JUDICIARY DEPARTMENT. + + +SEC. 87. The Judiciary Department shall consist of a Supreme Court +of Appeals, circuit courts, city courts, and such other courts as +are hereinafter authorized. The jurisdiction of these tribunals +and the judges thereof, except so far as conferred by this +Constitution, shall be regulated by law. + +SEC. 88. The Supreme Court of Appeals shall consist of five +judges, any three of whom may hold a court. It shall have original +jurisdiction in cases of habeas corpus, mandamus, and prohibition; +but in all other cases, in which it shall have jurisdiction, it +shall have appellate jurisdiction only. + +Subject to such reasonable rules, as may be prescribed by law, as +to the course of appeal, the limitation as to time, the security +required, if any, the granting or refusing of appeals, and the +procedure therein, it shall, by virtue of this Constitution, have +appellate jurisdiction in all cases involving the +constitutionality of a law as being repugnant to the Constitution +of this State or of the United States, or involving the life or +liberty of any person; and it shall also have appellate +jurisdiction in such other cases, within the limits hereinafter +denned, as may be prescribed by law; but no appeal shall be +allowed to the Commonwealth in any case involving the life or +liberty of a person, except that an appeal by the Commonwealth may +be allowed by law in any case involving the violation of a law +relating to the state revenue. No bond shall be required of any +accused person as a condition of appeal, but a supersedeas bond +may be required where the only punishment imposed in the court +below is a fine. + +The court shall not have jurisdiction in civil cases where the +matter in controversy, exclusive of costs and of interest accrued +since the judgment in the court below, is less in value or amount +than three hundred dollars, except in controversies concerning the +title to, or boundaries of land, the condemnation of property, the +probate of a will, the appointment or qualification of a personal +representative, guardian, committee, or curator, or concerning a +mill, roadway, ferry, or landing, or the right of the State, +county, or municipal corporation, to levy tolls or taxes, or +involving the construction of any statute, ordinance or county +proceeding imposing taxes; and, except in cases of habeas corpus, +mandamus, and prohibition, the constitutionality of a law, or some +other matter not merely pecuniary. After the year nineteen hundred +and ten the General Assembly may change the jurisdiction of the +court in matters merely pecuniary. The assent of at least three of +the judges shall be required for the court to determine that any +law is, or is not, repugnant to the Constitution of this State or +of the United States; and if, in a case involving the +constitutionality of any such law, not more than two of the judges +sitting agree in opinion on the constitutional question involved, +and the case cannot be determined, without passing on such +question, no decision shall be rendered therein, but the case +shall be reheard by a full court; and in no case where the +jurisdiction of the court depends solely upon the fact that the +constitutionality of a law is involved, shall the court decide the +ease upon its merits, unless the contention of the appellant upon +the constitutional question be sustained. Whenever the requisite +majority of the judges sitting are unable to agree upon a +decision, the case shall be reheard by a full bench, and any +vacancy caused by any one or more of the judges being unable, +unwilling, or disqualified to sit, shall be temporarily filled in +a manner to be prescribed by law. + +SEC. 89. The General Assembly may, from time to time, provide for +a Special Court of Appeals to try any cases on the docket of the +Supreme Court of Appeals in respect to which a majority of the +judges are so situated as to make it improper for them to sit; and +also to try any cases on said docket which cannot be disposed of +with convenient dispatch. The said special court shall be composed +of not less than three nor more than five of the judges of the +circuit courts and city courts of record in cities of the first +class, or of the judges of either of said courts, or of any of the +judges of said courts together with one or more of the judges of +the Supreme Court of Appeals. + +SEC. 90. When a judgment or decree is reversed or affirmed by the +Supreme Court of Appeals the reasons therefor shall be stated in +writing and preserved with the record of the case. + +SEC. 91. The judges of the Supreme Court of Appeals shall be +chosen by the joint vote of the two houses of the General +Assembly. They shall, when chosen, have held a judicial station in +the United States, or shall have practiced law in this or some +other state for five years. At the first election under this +Constitution, the General Assembly shall elect the judges for +terms of four, six, eight, ten, and twelve years respectively; and +thereafter they shall be elected for terms of twelve years. + +SEC. 92. The officers of the Supreme Court of Appeals shall be +appointed by the court or by the judges in vacation. Their duties, +compensation, and tenure of office shall be prescribed by law. + +SEC. 93. The Supreme Court of Appeals shall hold its sessions at +two or more places in the State, to be fixed by law. + +SEC. 94. The State shall be divided into twenty-four judicial +circuits, as follows: + +The counties of Norfolk, Princess Anne, and the city of +Portsmouth, shall constitute the first circuit. + +The counties of Nansemond, Southampton, Isle of Wight, and the +city of Norfolk, shall constitute the second circuit. + +The counties of Prince George, Surry, Sussex, Greenesville, and +Brunswick, shall constitute the third circuit. + +The counties of Chesterfield, Powhatan, Dinwiddie, Nottoway, and +Amelia, and the city of Petersburg, shall constitute the fourth +circuit. + +The counties of Prince Edward, Cumberland, Buckingham, Appomattox, +and Charlotte, shall constitute the fifth circuit. + +The counties of Lunenburg, Mecklenburg, Halifax, Campbell, and the +city of Lynchburg, shall constitute the sixth circuit. + +The counties of Pittsylvania, Franklin, Henry, and Patrick, and +the city of Danville, shall constitute the seventh circuit. + +The counties of Amherst, Nelson, Albemarle, Fluvanna, and +Coochland, shall constitute the eighth circuit. + +The counties of Rappahannock, Culpeper, Madison, Greene, Orange, +and Louisa, shall constitute the ninth circuit. + +The county of Henrico and the city of Richmond, shall constitute +the tenth circuit. + +The counties of Accomac, Northampton, Elizabeth City, and the city +of Newport News, shall constitute the eleventh circuit. + +The counties of Richmond, Northumberland, Westmoreland, Lancaster, +and Essex, shall constitute the twelfth circuit. + +The counties of Gloucester, Mathews, King and Queen, King William, +and Middlesex, shall constitute the thirteenth circuit. + +The counties of New Kent, Charles City, York, Warwick, James City, +and the city of Williamsburg, shall constitute the fourteenth +circuit. + +The counties of King George, Stafford, Spotsylvania, Caroline, and +Hanover, shall constitute the fifteenth circuit. + +The counties of Fauquier, Loudoun, Prince William, Fairfax, and +Alexandria, and the city of Alexandria, shall constitute the +sixteenth circuit. + +The counties of Frederick, Clarke, Warren, Shenandoah, and Page, +shall constitute the seventeenth circuit. + +The counties of Rockingham, Augusta, and Rockbridge, shall +constitute the eighteenth circuit. + +The counties of Highland, Bath, Alleghany, Craig, and Botecourt, +shall constitute the nineteenth circuit. + +The counties of Bedford, Roanoke, Montgomery, and Floyd, and the +city of Roanoke, shall constitute the twentieth circuit. + +The counties of Pulaski, Carroll, Wythe, and Grayson, shall +constitute the twenty-first circuit. + +The counties of Bland, Tazewell, Giles, and Buchanan, shall +constitute the twenty-second circuit. + +The counties of Washington, Russell, and Smyth, shall constitute +the twenty-third circuit. + +The counties of Scott, Lee, Wise, and Dickenson, shall constitute +the twenty-fourth circuit. + +SEC. 95. After the first day of January, nineteen hundred and six, +as the public interest requires, the General Assembly may +rearrange the said circuits and increase or diminish the number +thereof. But no new circuit shall be created containing, by the +last United States census or other census provided by law, less +than forty thousand inhabitants, nor when the effect of creating +it will be to reduce the number of inhabitants in any existing +circuit below forty thousand according to such census. + +SEC. 96. For each circuit a judge shall be chosen by the joint +vote of the two houses of the General Assembly. He shall when +chosen, possess the same qualifications as judges of the Supreme +Court of Appeals, and during his continuance in office shall +reside in the circuit of which he is judge. At the first election +under this Constitution, the General Assembly shall elect, as +nearly as practicable, one fourth of the entire number of judges +for terms of two years, one fourth for four years, one fourth for +six years, and the remaining fourth for eight years, respectively, +and thereafter they shall be elected for terms of eight years. + +SEC 97 The number of terms of the circuit courts to be held for +each county and city, shall be prescribed by law. But no separate +circuit court shall be held for any city of the second class, +until the city shall abolish its existing city court. The judge of +one circuit may be required or authorized to hold court in any +other circuit or city. + +SEC 98 For the purposes of a judicial system, the cities of the +State shall be divided into two classes. All cities shall belong +to the first class which contain, as shown by the last United +States census or other census provided by law, ten thousand +inhabitants or more, and all cities shall belong to the second +class which contain, as thus shown, less than ten thousand +inhabitants. In each city of the first class, there shall be, in +addition to the circuit court, a corporation court. In any city +containing thirty thousand inhabitants or more, the General +Assembly may provide for such additional courts as the public +interest may require, and in every such city the city courts, as +they now exist, shall continue until otherwise provided by law. In +every city of the second class, the corporation or hustings court +existing, at the time this Constitution goes into effect, shall +continue hereafter under the name of the corporation court of such +city, but it may be abolished by a vote of a majority of the +qualified electors of such city, at an election held for the +purpose, and whenever the office of judge of a corporation or +hustings court of a city of the second class, whose salary is less +than eight hundred dollars, shall become and remain vacant for +ninety days consecutively, such court shall thereby cease to +exist. In case of the abolition of the corporation or hustings +court of any city of the second class, such city shall thereupon +come in every respect within the jurisdiction of the circuit court +of the county wherein it is situated, until otherwise provided by +law, and the records of such corporation or hustings court shall +thereupon become a part of the records of such circuit court, and +be transferred thereto, and remain therein until otherwise +provided by law, and during the existence of the corporation or +hustings court, the circuit court of the county in which such city +is situated, shall have concurrent jurisdiction with said +corporation or hustings court in all actions at law and suits in +equity. + +SEC 99 For each city court of record a judge shall be chosen by +the joint vote of the two houses of the General Assembly. He +shall, when chosen, possess the same qualifications as judges of +the Supreme Court of Appeals, and during his continuance in office +shall reside within the jurisdiction of the court over which he +presides, but the judge of the corporation court of any +corporation having a city charter, and less than five thousand +inhabitants, may reside outside its corporate limits; and the same +person may be judge of such corporation court and judge of the +corporation court of some other city having less than ten thousand +inhabitants. At the first election of said judges under this +Constitution, the General Assembly shall elect, as nearly as +practicable, one-fourth of the entire number for terms of two +years, one-fourth for four years, one-fourth for six years, and +the remaining fourth for eight years; and thereafter they shall be +elected for terms of eight years. The judges of city courts in +cities of the first class may be required or authorized to hold +the circuit courts of any county and the circuit courts of any +city. + +SEC. 100. The General Assembly shall have power to establish such +court or courts of land registration as it may deem proper for the +administration of any law it may adopt for the purpose of the +settlement, registration, transfer, or assurance of titles to land +in the State, or any part thereof. + +SEC. 101. The General Assembly shall have power to confer upon the +clerks of the several circuit courts jurisdiction, to be exercised +in the manner and under the regulations to be prescribed by law, +in the matter of the admission of wills to probate, and of the +appointment and qualification of guardians, personal +representatives, curators, appraisers, and committees of the +estates of persons who have been adjudged insane or convicted of +felony, and in the matter of the substitution of trustees. + +SEC. 102. All the judges shall be commissioned by the Governor. +They shall receive such salaries and allowances as may be +determined by law within the limitations fixed by this +Constitution, the amount of which shall not be increased or +diminished during their terms of office. Their terms of office +shall commence on the first day of February next following their +election, and whenever a vacancy occurs in the office of judge, +his successor shall be elected for the unexpired term. + +SEC. 103. The salaries of the judges of the Supreme Court of +Appeals shall be not less than four thousand dollars per annum, +and shall be paid by the State. + +The salary of the judge of each circuit court shall be not less +than two thousand dollars per annum, one-half of which shall be +paid by the State, the other half by the counties and cities +composing the circuit, according to their respective population; +except that of the salary of the judge of the circuit court of the +city of Richmond, the State shall pay the proportion which would +otherwise fall to the city of Richmond. The salary of a judge of a +city court in a city of the first class shall be not less than two +thousand dollars per annum, one-half of which shall be paid by the +State, the other half by the city. The whole of the aforesaid +salaries of said judges shall be paid out of the state treasury, +the State to be reimbursed by the respective counties and cities. +Any city may, by an ordinance, increase the salaries of its city +or circuit judges, or any one or more of them as it may deem +proper, and the increase shall be paid wholly by the city, but +shall not be enlarged or diminished during the term of office of +the judge. Each city containing less than ten thousand inhabitants +shall pay the salary of the judge of its corporation or hustings +court. + +SEC. 104. Judges may be removed from office for cause, by a +concurrent vote of both houses of the General Assembly; but a +majority of all the members elected to each house must concur in +such vote, and the cause of removal shall be entered on the +journal of each house. The judge against whom the General Assembly +may be about to proceed shall have notice thereof, accompanied by +a copy of the causes alleged for his removal, at least twenty days +before the day on which either house of the General Assembly shall +act thereon. + +SEC. 105. No judge of the Supreme Court of Appeals, of the circuit +court, or of any city court of record shall practice law, within +or without this State, nor shall he hold any other office of +public-trust during his continuance in office; except that the +judge of a corporation or hustings court in a city of the second +class, may hold the office of commissioner in chancery of the +circuit court for the county in which the city is located. + +SEC. 106. Writs shall run in the name of the "Commonwealth of +Virginia," and be attested by the clerks of the several courts. +Indictments shall conclude "against the peace and dignity of the +Commonwealth." + +SEC. 107. An Attorney-General shall be elected by the qualified +voters of the State at the same time and for the same term as the +Governor; and the fact of his election shall be ascertained in the +same manner. He shall be commissioned by the Governor, perform +such duties and receive such compensation as may be prescribed by +law, and shall be removable in the manner prescribed for the +removal of judges. + +SEC 108. The General Assembly shall provide for the appointment or +election and for the jurisdiction of such justices of the peace as +the public interest may require. + +SEC. 109. The General Assembly shall provide by whom, and in what +manner, applications for bail shall be heard and determined. + + + + + +ARTICLE VII. + +ORGANIZATION AND GOVERNMENT OF COUNTIES. + + +SEC. 110. There shall be elected by the qualified voters of each +county, one county treasurer,--who shall not be elected or serve +for more than two consecutive terms, nor act as deputy of his +immediate successor; one sheriff, one attorney for the +Commonwealth, and one county clerk, who shall be the clerk of the +circuit court. There shall be elected or appointed, for four +years, as the General Assembly may provide commissioners of the +revenue, for each county, the number, duties and compensation of +whom shall be prescribed by law; but should such commissioners of +the revenue be chosen by election by the people then they shall be +ineligibile for re-election to the office for the next succeeding +term. + +There shall be appointed for each county, in such manner as may be +provided by law, one superintendent of the poor, and one county +surveyor. + +SEC. 111. The magisterial districts shall, until changed by law, +remain as now constituted: provided, that hereafter no additional +districts shall be made containing less than thirty square miles. +In each district there shall be elected by the qualified voters +thereof, one supervisor. The supervisors of the districts shall +constitute the board of supervisors of the county, which shall +meet at stated periods and at other times as often as may be +necessary, lay the county and district levies, pass upon all +claims against the county, subject to such appeal as may be +provided by law, and perform such duties as may be required by +law. + +SEC. 112. All regular elections for county and district officers +shall be held on Tuesday after the first Monday in November, and +all of said officers shall enter upon the duties of their offices +on the first day of January next succeeding their election, and +shall hold their respective offices for the term of four years, +except that the county clerk shall hold office for eight years; +provided that the term of the clerks first elected under this +Constitution shall begin on the first of February, nineteen +hundred and four, and end on the first of January, nineteen +hundred and twelve. + +SEC. 113. No person shall at the same time hold more than one of +the offices mentioned in this article. Any officer required by law +to give bond may be required to give additional security thereon, +or to execute a new bond, and in default of so doing his office +shall be declared vacant. + +SEC. 114, Counties shall not be made responsible for the acts of +the sheriffs. + +SEC. 115. The General Assembly shall provide for the examination +of the books, accounts and settlements of county and city officers +who are charged with the collection and disbursement of public +funds. + + + + + +ARTICLE VIII. + +ORGANIZATION AND GOVERNMENT OF CITIES AND TOWNS. + + +SEC. 116. As used in this article the words "incorporated +communities" shall be construed to relate only to cities and +towns. All incorporated communities, having within defined +boundaries a population of five thousand or more, shall be known +as cities; and all incorporated communities having within defined +boundaries a population of less than five thousand, shall be known +as towns. In determining the population of such cities and towns +the General Assembly shall be governed by the last United States +census, or such other enumeration as may be made by authority of +the General Assembly; but nothing in this section shall be +construed to repeal the charter of any incorporated community of +less than five thousand inhabitants having a city charter at the +time of the adoption of this Constitution, or to prevent the +abolition by such incorporated communities of the corporation or +hustings court thereof. + +SEC. 117. General laws for the organization and government of +cities and towns shall be enacted by the General Assembly, and no +special act shall be passed in relation thereto, except in the +manner provided in Article Four of this Constitution, and then +only by a recorded vote of two-thirds of the members elected to +each house. But each of the cities and towns of the State having +at the time of the adoption of this Constitution a municipal +charter may retain the same, except so far as it shall be repealed +or amended by the General Assembly: provided, that every such +charter is hereby amended so as to conform to all the provisions, +restrictions, limitations and powers set forth in this article, or +otherwise provided in this Constitution. + +SEC. 118. In each city which has a court in whose office deeds are +admitted to record, there shall be elected for a term of eight +years by the qualified voters of such city a clerk of said court, +who shall perform such other duties as may be required by law. + +There shall be elected in like manner and for a like term all such +additional clerks of courts for cities as the General Assembly may +prescribe, or as are now authorized by law, so long as such courts +shall continue in existence. But in no city of less than thirty +thousand inhabitants shall there be more than one clerk of the +court, who shall be clerk of all the courts of record in such +city. + +SEC. 119. In every city, so long as it has a corporation court, or +a separate circuit court, there shall be elected for a term of +four years by the qualified voters of such city, one attorney for +the Commonwealth, who shall also, in those cities having a +separate circuit court, be the attorney for the Commonwealth, for +such circuit court. + +In every city there shall be elected, or appointed, for a term of +four years, in a manner to be provided by law, one commissioner of +revenue, whose duties and compensation shall be prescribed by law; +but should he be elected by the people, he shall be ineligible for +reelection to the office for the next succeeding term. + +SEC. 120. In every city there shall be elected by the qualified +voters thereof one city treasurer, for a term of four years, but +he shall not be eligible for more than two consecutive terms, nor +act as deputy for his immediate successor; one city sergeant, for +a term of four years, whose duties shall be prescribed by law; +and, a mayor, for a term of four years, who shall be the chief +executive officer of such city. All city and town officers, whose +election or appointment is not provided for by this Constitution, +shall be elected by the electors of such cities and towns, or of +some division thereof, or appointed by such authorities thereof as +the General Assembly shall designate. + +The mayor shall see that the duties of the various city officers, +members of the police and fire departments, whether elected or +appointed, in and for such city, are faithfully performed. He +shall have power to investigate their acts, have access to all +books and documents in their offices, and may examine them and +their subordinates on oath. The evidence given by persons so +examined shall not be used against them in any criminal +proceedings. He shall also have power to suspend such officers and +the members of the police and fire departments, and to remove such +officers, and also such members of said departments when +authorized by the General Assembly, for misconduct in office or +neglect of duty, to be specified in the order of suspension or +removal; but no such removal shall be made without reasonable +notice to the officer complained of, and an opportunity afforded +him to be heard in person, or by counsel, and to present testimony +in his defense. From such order of suspension or removal, the city +officer so suspended or removed shall have an appeal of right to +the corporation court, or, if there be no such court, to the +circuit court of such city, in which court the case shall be heard +de novo by the judge thereof, whose decision shall be final. He +shall have all other powers and duties which may be conferred and +imposed upon him by general laws. + +SEC. 121. There shall be in every city a council, composed of two +branches having a different number of members, whose powers and +terms of office shall be prescribed by law, and whose members +shall be elected by the qualified voters of such city, in the +manner prescribed by law, but so as to give as far as practicable, +to each ward of such city, equal representation in each branch of +said council in proportion to the population of such ward; but in +cities of under ten thousand population the General Assembly may +permit the council to consist of one branch. No member of the +council shall be eligible during his tenure of office as such +member, or for one year thereafter, to any office to be filled by +the council by election or appointment. The council of every city +may, in a manner prescribed by law, increase or diminish the +number, and change the boundaries, of the wards thereof, and +shall, in the year nineteen hundred and three, and in every tenth +year thereafter, and also whenever the boundaries of such wards +are changed, re-apportion the representation in the council among +the wards in a manner prescribed by law; and whenever the council +of any such city shall fail to perform the duty so prescribed, a +mandamus shall lie on behalf of any citizen thereof to compel its +performance. + +SEC. 122. The mayors and councils of cities shall be elected on +the second Tuesday in June, and their terms of office shall begin +on the first day of September succeeding. All other elective +officers, provided for by this article, or hereafter authorized by +law, shall be elected on the Tuesday after the first Monday in +November, and their terms of office shall begin on the first day +of January succeeding, except that the terms of office of clerks +of the city courts shall begin coincidently with that of the +judges of said courts: provided, that the General Assembly may +change the time of election of all or any of the said officers, +except that the election and the beginning of the terms of mayors +and councils of cities shall not be made by the General Assembly +to occur at the same time with the election and beginning of the +terms of office of the other elective officers provided for by +this Constitution. + +SEC. 123. Every ordinance, or resolution having the effect of an +ordinance, shall, before it becomes operative, be presented to the +mayor. If he approve he shall sign it, but if not, if the council +consist of two branches, he may return it, with his objections in +writing, to the clerk, or other recording officer, of that branch +in which it originated; which branch shall enter the objections at +length on its journal and proceed to reconsider it. If after such +consideration two thirds of all the members elected thereto shall +agree to pass the ordinance or resolution it shall be sent, +together with the objections, to the other branch, by which it +shall likewise be considered, and if approved by two thirds of all +the members elected thereto, it shall become operative +notwithstanding the objections of the mayor. But in all such cases +the votes of both branches of the council shall be determined by +yeas and nays, and the names of the members voting for and against +the ordinance or resolution shall be entered on the journal of +each branch. If the council consist of a single branch, the +mayor's objections in wilting to any ordinance, or resolution +having the effect of an ordinance, shall be returned to the clerk, +or other recording officer of the council, and be entered at +length on its journal, whereupon the council shall proceed to +reconsider the same. Upon such consideration the vote shall be +taken in the same manner as where the council consists of two +branches, and if the ordinance or resolution be approved by two +thirds of all the members elected to the council, it shall become +operative notwithstanding the objections of the mayor. If any +ordnance or resolution shall not be returned by the major within +five days (Sunday excepted), after it shall have been presented to +him, it shall become operative in like manner as if he had signed +it, unless his term of office, or that of the council, shall +expire within said five days. + +The mayor shall have the power to veto any particular item or +items of an appropriation, ordnance or resolution, but the veto +shall not affect any item or items to which he does not object. +The item or items objected to shall not take effect except in the +manner provided in this section as to ordnances or resolutions not +approved by the mayor. No ordinance or resolution appropriating +money exceeding the sum of one hundred dollars, imposing taxes, or +authorizing the borrowing of money, shall be passed, except by a +recorded affirmative vote of a majority of all the members elected +to the council or to each branch thereof where there are two, and +in case of the veto by the mayor of such ordnance or resolution, +it shall require a recorded affirmative vote of two thirds of all +the members elected to the council, or to each branch thereof +where there are two, to pass the same over such veto in the manner +provided in this section. Nothing contained in this section shall +operate to repeal or amend any provision in any existing city +charter requiring a two thirds vote for the passage of any +ordinance as to the appropriation of money, imposing taxes or +authorizing the borrowing of money. + +SEC. 124. No street, railway, gas, water, steam, or electric +heating, electric light or power, cold storage, compressed air, +viaduct, conduct telephone, or bridge, company, nor any +corporation, association, person or partnership, engaged in these +or like enterprises, shall be permitted to use the streets, +alleys, or public grounds of a city or town without the previous +consent of the corporate authorities of such city or town. + +SEC. 125. The rights of no city or town in and to its water front, +wharf property, public landings, wharves, docks, streets, avenues, +parks, budges, and other public places, and its gas, water, and +electric works shall be sold except by an ordinance or resolution +passed by a recorded affirmative vote of three fourths of all the +members elected to the council, or to each branch thereof where +there are two, and under such other restrictions as may be imposed +by law, and in case of the veto by the mayor of such an ordinance +or resolution, it shall require a recorded affirmative vote of +three fourths of all the members elected to the council, or to +each branch thereof--where there are two, had in the manner +heretofore provided for in this article, to pass the same over the +veto. So franchise, lease or light of any kind to use any such +public property or any other public property or easement of any +description, in a manner not permitted to the general public, +shall be granted for a longer period than thirty years. Before +planting any such franchise or privilege for a term of years, +except for a trunk railway, the municipality shall first, after +due advertisement, reserve bids therefor publicly, in such manner +as may be provided by law, and shall then act as may be required +by law. Such grant, and any contract in pursuance thereof, may +provide that upon the termination of the grant the plant as well +as the property, if any, of the grantee in the streets, avenues, +and other public places shall thereupon, without compensation to +the grantee, or upon the payment of a fair valuation therefor, be +and become the property of the said city or town, but the grantee +shall be entitled to no payment by reason of the value of the +franchise, and any such plant or property acquired by a city or +town may be sold or leased, or, if authorized by law, maintained, +controlled and operated, by such city or town. Every such grant +shall specify the mode of determining any valuation therein +provided for, and shall make adequate provision by way of +forfeiture of the grant, or otherwise, to secure efficiency of +public service at reasonable rates, and the maintenance of the +property in good order throughout the term of the grant. Nothing +herein contained shall be construed as preventing the General +Assembly from prescribing additional restrictions on the powers of +cities and towns in granting franchises or in selling or leasing +any of their property, or as repealing any additional restriction +now required in relation thereto in any existing municipal +charter. + +SEC. 126. The General Assembly shall provide by general laws for +the extension and the contraction, from time to time, of the +corporate limits of cities and towns, and no special act for such +purpose shall be valid. + +SEC. 127. No city or town shall issue any bonds or other interest +bearing obligations for any purpose, or in any manner, to an +amount which, including existing indebtedness, shall, at any time, +exceed eighteen per centum of the assessed valuation of the real +estate in the city or town subject to taxation, as shown by the +last preceding assessment for taxes provided, however that nothing +above contained in this section shall apply to those cities and +towns whose charters existing at the adoption of this Constitution +authorize a larger percentage of indebtedness than is authorized +by this section and provided further, that in determining the +limitation of the power of a city or town to incur indebtedness +there shall not be included the following classes of indebtedness + +(a.) Certificates of indebtedness, revenue bonds or other +obligations issued in anticipation of the collection of the +revenue of such city or town for the then current year; provided +that such certificates, bonds or other obligations mature within +one year from the date of their issue, and be not past due, and do +not exceed the revenue for such year; + +(b.) Bonds authorized by an ordinance enacted in accordance with +section One Hundred and Twenty-three, and approved by the +affirmative vote of the majority of the qualified voters of the +city or town voting upon the question of their issuance, at the +general election next succeeding the enactment of the ordinance, +or at a special election held for that purpose, for a supply of +water or other specific undertaking from which the city or town +may derive a revenue; but from and after a period to be determined +by the council, not exceeding five years from the date of such +election, whenever and for so long as such undertaking fails to +produce sufficient revenue to pay for cost of operation and +administration (including interest on bonds issued therefor, and +the cost of insurance against loss by injury to persons or +property), and an annual amount to be covered into a sinking fund +sufficient to pay, at or before maturity, all bonds issued on +account of said undertaking, all such bonds outstanding shall be +included in determining the limitation of the power to incur +indebtedness, unless the principal and interest thereof be made +payable exclusively from the receipts of the undertaking. + +SEC. 128. In cities and towns the assessment of real estate and +personal property for the purpose of muicipal taxation, shall be +the same as the assessment thereof for the purpose of state +taxation, whenever there shall be a state assessment of such +property. + + + + + +ARTICLE IX. + +EDUCATION AND PUBLIC INSTRUCTION. + + +SEC. 129. The General Assembly shall establish and maintain an +efficient system of public free schools throughout the State. + +SEC. 130. The general supervision of the school system shall be +vested in a State Board of Education, composed of the Governor, +Attorney-General, Superintendent of Public Instruction, and three +experienced educators to be 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 Farmville, the School for the Deaf and Blind, and +also of the College of William and Mary, so long as the State +continue its annual appropriation to the last named institution. + +The board thus constituted shall select and associate with itself +two division superintendents of schools, one from a county and the +other from a city, who shall hold office for two years, and whose +powers and duties shall be identical with those of other members, +except that they shall not participate in the appointment of any +public school official. + +Any vacancy occurring during the term of any member of the board +shall be filled for the unexpired term by said board. + +SEC. 131. The Superintendent of Public Instruction, who shall be +an experienced educator, shall be elected by the qualified voters +of the State at the same time and for the same term as the +Governor. Any vacancy in said office shall be filled for the +unexpired term by the said board. + +His duties shall be prescribed by the State Board of Education, of +which he shall be ex-officio president; and his compensation shall +be fixed by law. + +SEC. 132. The duties and powers of the State Board of Education +shall be as follows: + +First. It may, in its discretion, divide the State into +appropriate school divisions, comprising not less than one county +or city each, but no county or city shall be divided in the +formation of such divisions. It shall, subject to the confirmation +of the Senate, appoint, for each of such divisions, one +superintendent of schools, who shall hold office for four years, +and shall prescribe his duties, and may remove him for cause and +upon notice. + +Second. It shall have, regulated by law, the management and +investment of the school fund. + +Third. It shall have authority to make all needful rules and +regulations for the management and conduct of the schools, which, +when published and distributed, shall have the force and effect of +law, subject to the authority of the General Assembly to revise, +amend, or repeal the same. + +Fourth. It shall select text books and educational appliances for +vise in the schools of the State, exercising such discretion as it +may see fit in the selection of books suitable for the schools in +the cities and counties respectively. + +Fifth. It shall appoint a board of directors, consisting of five +members, to serve without compensation, which shall have the +management of the State Library, and the appointment of a +librarian and other employees thereof, subject to such rules and +regulations as the General Assembly snail prescribe; but the +Supreme Court of Appeals shall have the management of the law +library and the appointment of the librarian and other employees +thereof. + +SEC. 133. Each magisterial district shall constitute a separate +school district, unless otherwise provided by law. In each school +district there shall be three trustees selected, in the manner and +for the term of office prescribed by law. + +SEC. 134. The General Assembly shall set apart as a permanent and +perpetual literary fund, the present literary fund of the State; +the proceeds of all public lands donated by Congress for public +free school purposes; of all escheated property; of all waste and +unappropriated lands; of all property accruing to the State by +forfeiture, and all fines collected for offences committed against +the State, and such other sums as the General Assembly may +apppropriate. + +SEC. 135. The General Assembly shall apply the annual interest on +the literary fund; that portion of the capitation tax provided for +in the Constitution to be paid into the state treasury, and not +returnable to the counties and cities; and an annual tax on +property of not less than one nor more than five mills on the +dollar to the schools of the primary and grammar grades, for the +equal benefit of all of the people of the State, to be apportioned +on a basis of school population; the number of children between +the ages of seven and twenty years in each school district to be +the basis of such apportionment: but if at any time the several +kinds or classes of property shall be segregated for the purposes +of taxation, so as to specify and determine upon what subjects +state taxes and upon what subjects local taxes may be levied, then +the General Assembly may otherwise provide for a fixed +appropriation of state revenue to the support of the schools not +less than that provided in this section. + +SEC. 136. Each county, city, town if the same be a separate school +district, and school district is authorized to raise additional +sums by a tax on property, not to exceed in the aggregate five +mills on the dollar in any one year, to be apportioned and +expended by the local school authorities of said counties, cities, +towns and district in establishing and maintaining such schools as +in their judgment the public welfare may require: provided, that +such primary schools as may be established in any school year, +shall be maintained at least four months of that school year, +before any part of the fund assessed and collected may be devoted +to the establishment of schools of higher grade. The boards of +supervisors of the several counties, and the councils of the +several cities, and towns if the same be separate schools +districts, shall provide for the levy and collection of such local +school taxes. + +SEC. 137. The General Assembly may establish agricultural, normal, +manual training and technical schools, and such grades of schools +as shall be for the public good. + +SEC. 138. The General Assembly may, in its discretion, provide for +the compulsory education of children between the ages of eight and +twelve years, except such as are weak in body or mind, or can read +and write, or are attending private schools, or are excused for +cause by the district school trustees. + +SEC. 139. Provision shall be made to supply children attending the +public schools with necessary text-books in cases where the parent +or guardian is unable, by reason of poverty, to furnish them. + +SEC. 140. White and colored children shall not be taught in the +same school. + +SEC. 141. No appropriation of public funds shall be made to any +school or institution of learning not owned or exclusively +controlled by the State or some political subdivision thereof: +provided, first, that the General Assembly may, in its discretion, +continue the appropriations to the College of William and Mary; +second, that this section shall not be construed as requiring or +prohibiting the continuance or discontinuance by the General +Assembly of the payment of interest on certain bonds held by +certain schools and colleges as provided by an act of the General +Assembly, approved February twenty-third, eighteen hundred and +ninety-two, relating to bonds held by schools and colleges; third, +that counties, cities, towns, and districts may make +appropriations to non-sectarian schools of manual, industrial, or +technical training, and also to any school or institution of +learning owned or exclusively controlled by such county, city, +town, or school district. + +SEC. 142. Members of the boards of visitors or trustees of +educational institutions shall be appointed as may be provided by +law, and shall hold for the term of four years: provided, that at +the first appointment, if the board be of an even number, one-half +of them, or, if of an odd number, the least majority of them, +shall be appointed for two years. + + + + + +ARTICLE X. + +AGRICULTURE AND IMMIGRATION. + + +SEC. 143. There shall be a Department of Agriculture and +Immigration, which shall be permanently maintained at the capital +of the State, and which shall be under the management and control +of a Board of Agriculture and Immigration, composed of one member +from each congressional district, who shall be a practical farmer, +appointed by the Governor for a term of four years, subject to +confirmation by the Senate, and the president of the Virginia +Polytechnic Institute, who shall be ex-officio a member of the +board: provided, that members of the board first appointed under +this Constitution from the congressional districts bearing odd +numbers shall hold office for two years. + +SEC. 144. The powers and duties of the board shall be prescribed +by law: provided, that it shall have power to elect and remove its +officers, and establish elsewhere in the State subordinate +branches of said department. + +SEC. 145. There shall be a Commissioner of Agriculture and +Immigration, whose term of office shall be four years, and who +shall be elected by the qualified voters of the State, and whose +powers and duties shall be prescribed by the Board of Agriculture +and Immigration until otherwise provided by law. + +SEC. 146. The president of the Board of Agriculture and +Immigration shall be ex-officio a member of the Board of Visitors +of the Virginia Polytechnic Institute. + + + + + +ARTICLE XII + +PUBLIC INSTITUTIONS AND PRISONS. + + +SEC. 147. There shall be a state penitentiary,--with such branch +prisons and prison farms as may be provided by law. + +SEC. 148. There shall be appointed by the Governor, subject to +confirmation by the Senate, a board of five directors which, +subject to such regulations and requirements as may be prescribed +by law, shall have the government and control of the penitentiary, +branch prisons, and prison farms, and shall appoint the +superintendents and surgeons thereof. The respective +superintendents shall appoint, and may remove, all other officers +and employees of the penitentiary, branch prisons, and prison +farms, subject to the approval of the board of directors. The +superintendents and surgeons shall be appointed for a term of four +years, and be removable by the board of directors for misbehavior, +incapacity, neglect of official duty, or acts performed without +authority of law. The terms of the directors first appointed shall +be one, two, three, four, and five years respectively; and +thereafter, upon the expiration of the term of a director, his +successor shall be appointed for a term of five years. + +SEC. 149. For each state hospital for the insane now existing, or +hereafter established, there shall be a special board of +directors, consisting of three members, who shall be appointed by +the Governor, subject to confirmation by the Senate; such board +shall have the management of the hospital for which it is +appointed, under the supervision and control of the general board +of directors hereinafter constituted. The terms of the directors +first appointed shall be two, four, and six years, respectively, +and thereafter, upon the expiration of the term of a member, his +successor shall be appointed for a term of six years. + +SEC. 150. There shall be a general board of directors for the +control and management of all the state hospitals for the insane +now existing or hereafter established, which shall consist of all +the directors appointed members of the several special boards. The +general board of directors shall be subject to such regulations +and requirements as the General Assembly may from time to time +prescribe, and shall have full power and control over the special +boards of directors and all of the officers and employees of the +said hospitals. + +SEC. 151. The general board of directors shall appoint for a term +of four years a superintendent for each hospital, who shall be +removable by said board for misbehavior, incapacity, neglect of +official duty, or acts performed without authority of law. The +special board of each hospital, shall, subject to the approval of +the general board, appoint for a term of four years all other +resident officers. The superintendent of each hospital shall +appoint, and may remove, with the approval of the special board, +all other employees of such hospital. + +SEC. 152. There shall be a Commissioner of State Hospitals for the +Insane, who shall be appointed by the Governor, subject to +confirmation by the Senate, for a term of four years. He shall be +ex-officio chairman of the general and of each of the special +boards of directors, and shall be responsible for the proper +disbursement of all moneys appropriated or received from any +source for the maintenance of such hospitals; he shall cause to be +established and maintained at all of the hospitals a uniform +system of keeping the records and the accounts of money received +and disbursed and of making reports thereof. He shall perform such +other duties and shall execute such bond and receive such salary +as may be prescribed by law. + + + + + +ARTICLE XII. + +CORPORATIONS. + + +SEC. 153. As used in this article, the term "corporation" or +"company" shall include all trusts, associations and joint stock +companies having any powers or privileges not possessed by +individuals or unlimited partnerships, and exclude all municipal +corporations and public institutions owned or controlled by the +State; the term "charter" shall be construed to mean the charter +of incorporation by, or under, which any such corporation is +formed; the term "transportation company" shall include any +company, trustee, or other person owning, leasing or operating for +hire a railroad, street railway, canal, steamboat or steamship +line, and also any freight car company, car association, or car +trust, express company, or company, trustee or person in any way +engaged in business as a common carrier over a route acquired in +whole or in part under the right of eminent domain; the term +"rate" shall be construed to mean "rate of charge for any service +rendered or to be rendered"; the terms "rate," "charge" and +"regulation," shall include joint rates, joint charges, and joint +regulations, respectively; the term "transmission company" shall +include any company owning, leasing, or operating for hire, any +telegraph or telephone line; the term "freight" shall be construed +to mean any property transported, or received for transportation, +by any transportation company; the term "public service +corporation" shall include all transportation and transmission +companies, all gas, electric light, heat and power companies, and +all persons authorized to exercise the right of eminent domain, or +to use or occupy any street, alley or public highway, whether +along, over, or under the same, in a manner not permitted to the +general public; the term "person," as used in this article, shall +include individuals, partnerships and corporations, in the +singular as well as plural number; the term "bond" shall mean all +certificates, or written evidences, of indebtedness issued by any +corporation and secured by mortgage or trust deed; the term +"frank" shall be construed to mean any writing or token, issued +by, or under authority of, a transmission company, entitling the +holder to any service from such company free of charge. The +provisions of this article shall always be so restricted in their +application as not to conflict with any of the provisions of the +Constitution of the United States, and as if the necessary +limitations upon their interpretation had been herein expressed in +each case. + +SEC. 154. The creation of corporations, and the extension and +amendment of charters (whether heretofore or hereafter granted), +shall be provided for by general laws, and no charter shall be +granted, amended or extended by special act, nor shall authority +in such matters be conferred upon any tribunal or officer, except +to ascertain whether the applicants have, by complying with the +requirements of the law, entitled themselves to the charier, +amendment or extension applied for, and to issue, or refuse, the +same accordingly. Such general laws may be amended or repealed by +the General Assembly; and all charters and amendments of charters, +now existing and revocable, or hereafter granted or extended, may +be repealed at any time by special act. Provision shall be made, +by general laws, for the voluntary surrender of its charter by any +corporation, and for the forfeiture thereof for non-user or mis- +user. The General Assembly shall not, by special act, regulate the +affairs of any corporation, nor, by such act, give it any rights, +powers or privileges. + +SEC. 155. A permanent commission, to consist of three members, is +hereby created, which shall be known as the State Corporation +Commission. The commissioners shall be appointed by the Governor, +subject to confirmation by the General Assembly in joint session, +and their regular terms of office shall be six years, +respectively, except those first appointed under this +Constitution, of whom, one shall be appointed to hold office until +the first day of February, nineteen hundred and four, one, until +the first day of February, nineteen hundred and six, and one, +until the first day of February, nineteen hundred and eight. +Whenever a vacancy in the commission shall occur, the Governor +shall forthwith appoint a qualified person to fill the same for +the unexpired term, subject to confirmation by the General +Assembly as aforesaid Commissioners appointed for regular terms +shall, at the beginning of the terms for which appointed, and +those appointed to fill vacancies shall, immediately upon their +appointments, enter upon the duties of their office, but no person +so appointed, either for a regular term, or to fill a vacancy, +shall enter upon, or continue in, office after the General +Assembly shall have refused to confirm his appointment, or +adjourned sine die without confirming the same, nor shall he be +eligible for reappointment to fill the vacancy caused by such +refusal or failure to confirm. No person while employed by, or +holding any office in relation to, any transportation or +transmission company, or while in any wise financially interested +therein, or while engaged in practicing law, shall hold office as +a member of said commission, or perform any of the duties thereof. +At least one of the commissioners shall have the qualifications +prescribed for judges of the Supreme Court of Appeals, and any +commissioner may be impeached or removed in the manner provided +for the impeachment or removal of a judge of said court. The +commission shall annually elect one of their members chairman of +the same, and shall have one clerk, one bailiff and such other +clerks, officers, assistants and subordinates as may be provided +by law, all of whom shall be appointed, and subject to removal, by +the commission. It shall prescribe its own rules of order and +procedure, except so far as the same are specified in this +Constitution or any amendment thereof. The General Assembly may +establish within the department, and subject to the supervision +and control, of the commission, subordinate divisions, or bureaus, +of insurance, banking or other special branches of the business of +that department. All sessions of the commission shall be public, +and a permanent record shall be kept of all its judgments, rules, +orders, findings and decisions, and of all reports made to, or by, +it. Two of the commissioners shall constitute a quorum for the +transaction of business, whether there be a vacancy in the +commission or not. The commission shall keep its office open for +business on every day except Sundays and legal holidays. +Transportation companies shall at all times transport, free of +charge, within this State, the members of said commission and its +officers, or any of them, when engaged on their official duties. +The General Assembly shall provide suitable quarters for the +commission and funds for its lawful expenses, including pay for +witnesses summoned, and costs of executing processes issued, by +the commission of its own motion, and shall fix the salaries of +the members, clerks, assistants and subordinates of the commission +and provide for the payment thereof, but the salary of each +commissioner shall not be less than four thousand dollars per +annum After the first day of January, nineteen hundred and eight, +the General Assembly may provide for the election of the members +of the commission by the qualified voters of the State, in which +event, vacancies thereafter occurring shall be filled as here +inbefore provided, until the expiration of twenty days after the +next general election, held not less than sixty days after the +vacancy occurs, at which election the vacancy shall be filled for +the residue of the unexpired term + +SEC 156 (a) Subject to the provisions of this Constitution and to +such requirements, rules and regulations as may be prescribed by +law, the State Corporation Commission shall be the department of +government through which shall be issued all charters and +amendments or extensions thereof, for domestic corporations, and +all licenses to do business in this State to foreign corporations, +and through which shall be carried out all the provisions of this +Constitution, and of the laws made in pursuance thereof, for the +creation, visitation, supervision, regulation and control of +corporations chartered by, or doing business in, this State The +commission shall prescribe the forms of all reports which may be +required of such corporations by this Constitution or by law, it +shall collect, receive, and preserve such reports, and annually +tabulate and publish them in statistical form, it shall have all +the rights and powers of, and perform all the duties devolving +upon, the Railroad Commissioner and the Board of Public Works, at +the time this Constitution goes into effect, except so far as they +are inconsistent with this Constitution, or may be hereafter +abolished or changed by law + +(b) The commission shall have the power, and be charged with the +duty, of supervising, regulating and controlling all +transportation and transmission companies doing business in this +State, in all matters relating to the performance of their public +duties and their charges therefor, and of correcting abuses +therein by such companies, and to that end the commission shall, +from time to time prescribe, and enforce against such companies, +in the manner hereinafter authorized, such rates, charges, +classifications of traffic, and rules and regulations, and shall +require them to establish and maintain all such public service, +facilities and conveniences, as may be reasonable and just, which +said rates, charges, classifications, rules, regulations and +requirements, the commission may, from time to time, alter or +amend. All rates, charges, classifications, rules and regulations +adopted, or acted upon, by any such company, inconsistent with +those prescribed by the commission, within the scope of its +authority, shall be unlawful and void. The commission shall also +have the right at all times to inspect the books and papers of all +transportation and transmission companies doing business in this +State, and to require from such companies, from time to time, +special reports and statements under oath concerning their +business, it shall keep itself fully informed of the physical +condition of all the railroads of the State, as to the manner in +which they are operated, with reference to the security and +accommodation of the public, and shall, from time to time, make +and enforce such requirements, rules and regulations as may be +necessary to prevent unjust or unreasonable discriminations by any +transportation or transmission company in favor of, or against, +any person, locality, community, connecting line, or kind of +traffic, in the matter of car service, train or boat schedule, +efficiency of transportation or otherwise, in connection with the +public duties of such company Before the commission shall +prescribe or fix any rate, charge, or classification of traffic, +and before it shall make any order, rule, regulation or +requirement directed against any one or more companies by name, +the company or companies to be affected by such rate, charge, +classification, order, rule, regulation or requirement, shall +first be given, by the commission, at least ten days' notice of +the time and place, when and where the contemplated action in the +premises will be considered and disposed of, and shall be afforded +a reasonable opportunity to introduce evidence and to be heard +thereon, to the end that justice may be done, and shall have +process to enforce the attendance of witnesses, and before the +commission shall make or prescribe any general order, rule, +regulation or requirement, not directed against any specific +company or companies by name, the contemplated general order, +rule, regulation or requirement shall first be published in +substance, not less than once a week for four consecutive weeks in +one or more of the newspapers of general circulation published in +the city of Richmond, Virginia, together with notice of the time +and place, when and where the commission will hear any objections +which may be urged by any person interested, against the proposed +order, rule, regulation or requirement, and every such general +order, rule, regulation or requirement, made by the commission +shall be published at length, for the time and in the manner above +specified, before it shall go into effect, and shall also, as long +as it remains in force, be published in each subsequent annual +report of the commission. The authority of the commission (subject +to review on appeal as hereinafter provided) to prescribe rates, +charges and classifications of traffic, for transportation and +transmission companies, shall be paramount, but its authority to +prescribe any other rules, regulations or requirements for +corporations or other persons shall be subject to the superior +authority of the General Assembly to legislate thereon by general +laws provided, however, that nothing in this section shall impair +the right which has heretofore been, or may hereafter be, +conferred by law upon the authorities of any city, town or county +to prescribe rules, regulations or rates of charge to be observed +by any public service corporation in connection with any services +performed by it under a municipal or county franchise granted by +such city, town or county, so far as such services may be wholly +within the limits of the city, town or county granting the +franchise. Upon the request of the parties interested, it shall be +the duty of the commission, as far as possible, to effect, by +mediation, the adjustment of claims, and the settlement of +controversies, between transportation or transmission companies +and their patrons + +(c) In all matters pertaining to the public visitation, regulation +or control of corporations, and within the jurisdiction of the +commission, it shall have the powers and authority of a court of +record, to administer oaths, to compel the attendance of witnesses +and the production of papers, to punish for contempt any person +guilty of disrespectful or disorderly conduct in the presence of +the commission while in session, and to enforce compliance with +any of its lawful orders or requirements by adjudging and +enforcing by its own appropriate process, against the delinquent +or offending company (after it shall have been first duly cited, +proceeded against by due process of law before the commission +sitting as a court, and afforded opportunity to introduce evidence +and to be heard, as well against the validity, justness or +reasonableness of the order or requirement alleged to have been +violated, as against the liability of the company for the alleged +violation), such fines or other penalties as may be prescribed or +authorized by this Constitution or by law. The commission may be +vested with such additional powers, and charged with such other +duties (not inconsistent with this Constitution) as may be +prescribed by law, in connection with the visitation, regulation +or control of corporations, or with the prescribing and enforcing +of rates and charges to be observed in the conduct of any business +where the State has the right to prescribe the rates and charges +in connection therewith, or with the assessment of the property of +corporations or the appraisement of their franchises, for +taxation, or with the investigation of the subject of taxation +generally. Any corporation failing or refusing to obey any valid +order or requirement of the commission, within such reasonable +time, not less than ten days, as shall be fixed in the order, may +be fined by the commission (proceeding by due process of law as +aforesaid) such sum, not exceeding five hundred dollars, as the +commission may deem proper, or such sum in excess of five hundred +dollars, as may be prescribed, or authorized, by law; and each +day's continuance of such failure or refusal, after due service +upon such corporation of the older or requirement of the +commission, shall be a separate offence provided that should the +operation of such order or requirement be suspended pending an +appeal therefrom, the period of such suspension shall not be +computed against the company in the matter of its liability to +fines or penalties + +(d) From any action of the commission prescribing rates, charges +or classifications of traffic, or affecting the train schedule of +any transportation company, or requiring additional facilities, +conveniences or public service of any transportation or +transmission company, or refusing to approve a suspending bond, or +requiring additional security thereon or an increase thereof, as +provided for in sub-section e of this section, an appeal (subject +to such reasonable limitations as to time, regulations as to +procedure and provisions as to costs, as may be prescribed by law) +may be taken by the corporation whose rates, charges or +classifications of traffic, schedule, facilities, conveniences or +service, are affected, or by any person deeming himself aggrieved +by such action, or (if allowed by law) by the Commonwealth. Until +otherwise provided by law, such appeal shall be taken in the +manner in which appeals may be taken to the Supreme Court of +Appeals from the inferior courts, except that such an appeal shall +be of right, and the Supreme Court of Appeals may provide by rule +for proceedings in the matter of appeals in any particular in +which the existing rules of law are inapplicable. If such appeal +be taken by the corporation whose rates, charges or +classifications of traffic, schedules, facilities, conveniences or +service are affected, the Commonwealth shall be made the appellee, +but, in the other cases mentioned the corporation so affected +shall be made the appellee. The General Assembly may also, by +general laws, provide for appeals from any other action of the +commission, by the Commonwealth or by any person interested, +irrespective of the amount involved. All appeals from the +commission shall be to the Supreme Court of Appeals only, aid in +all appeals to which the Commonwealth is a party, it shall be +represented by the Attorney General or his legally appointed +representative. No court of this Commonwealth (except the Supreme +Court of Appeals, by way of appeals as herein authorized) shall +have jurisdiction to review, reverse, correct or annul any action +of the commission, within the scope of its authority, or to +suspend or delay the execution or operation thereof, or to enjoin, +restrain or interfere with the commission in the performance of +its official duties, provided, however, that the writs of mandamus +and prohibition shall lie from the Supreme Court of Appeals to the +commission in all cases where such writs, respectively, would lie +to any inferior tribunal or officer. + +(e) Upon the granting of an appeal, a writ of supersedeas may be +awarded by the appellate court, suspending the operation of the +action appealed from until the final disposition of the appeal, +but, prior to the final reversal thereof by the appellate court, +no action of the commission prescribing or affecting the rates, +charges or classifications of traffic of any transportation or +transmission company shall be delayed, or suspended, in its +operation, by reason of any appeal by such corporation, or by +reason of any proceedings resulting from such appeal, until a +suspending bond shall first have been executed and filed with, and +approved by, the commission (or approved on review by the Supreme +Court of Appeals), payable to the Commonwealth, and sufficient in +amount and security to insure the prompt refunding, by the +appealing corporation to the parties entitled thereto of all +charges which such company may collect or receive, pending the +appeal, in excess of those fixed, or authorized, by the final +decision of the court on appeal. The commission, upon the +execution of such bond, shall forthwith require the appealing +company, under penalty of the immediate enforcement (pending the +appeal and notwithstanding any supersedeas), of the order or +requirement appealed from, to keep such accounts, and to make to +the commission, from time to time, such reports, verified by oath, +as may, in the judgment of the commission, suffice to show the +amounts being charged or received by the company pending the +appeal, in excess of the charge allowed by the action of the +commission appealed from, together with the names and addresses of +the persons to whom such overcharges will be refundable in case +the charges made by the company pending the appeal, be not +sustained on such appeal, and the commission shall also, from time +to time, require such company, under like penalty, to give +additional security on, or to increase, the said suspending bond, +whenever, in the opinion of the commission, the same may be +necessary to insure the prompt refunding of the overcharges +aforesaid. Upon the final decision of such appeal, all amounts +which the appealing company may have collected, pending the +appeal, in excess of that authorized by such final decision, shall +be promptly refunded by the company to the parties entitled +thereto, in such manner, and through such methods of distribution, +as may be prescribed by the commission, or by law. All such +appeals affecting rates, charges or classifications of traffic, +shall have precedence upon the docket of the appellate court, and +shall be heard and disposed of promptly by the court, irrespective +of its place of session, next after the habeas corpus, and +Commonwealth's cases already on the docket of the court. + +(a) In no case of appeal from the commission shall any new or +additional evidence be introduced in the appellate court, but the +chairman of the commission, under the seal of the commission, +shall certify to the appellate court all the facts upon which the +action appealed from was based and which may be essential for the +proper decision of the appeal, together with such of the evidence +introduced before, or considered by, the commission as may be +selected, specified and required to be certified, by any party in +interest, as well as such other evidence, so introduced or +considered, as the commission may deem proper to certify. The +commission shall, whenever an appeal is taken therefrom, file with +the record of the case, and as a part thereof, a written statement +of the reasons upon which the action appealed from was based, and +such statement shall be lead and considered by the appellate +court, upon disposing of the appeal. The appellate court shall +have jurisdiction, on such appeal, to consider and determine the +reasonableness and justness of the action of the commission +appealed from, as well as any other matter arising under such +appeal provided, however, that the action of the commission +appealed from shall be regarded as prima facie just, reasonable +and correct, but the court may, when it deems necessary, in the +interest of justice, demand to the commission any case pending on +appeal, and require the same to be further investigated by the +commission, and reported upon to the court (together with a +certificate of such additional evidence as may be tendered before +the commission by any party in interest), before the appeal is +finally decided. + +(b) Whenever the court, upon appeal, shall reverse an order of the +commission affecting the rates, charges or the classification of +traffic of any transportation or transmission company, it shall, +at the same time, substitute therefor such order as in its +opinion, the commission should have made at the time of entering +the order appealed from, otherwise the reversal order shall not be +valid. Such substituted order shall have the same force and effect +(and none other) as if it had been entered by the commission at +the time the original order appealed from was entered. The right +of the commission to prescribe and enforce rates, charges, +classifications, rules and regulations, affecting any or all +actions of the commission theretofore entered by it and appealed +from, but based upon circumstances or conditions different from +those existing at the time the order appealed from was made, shall +not be suspended or impaired by reason of the pendency of such +appeal; but no order of the commission, prescribing or altering +such rates, charges, classifications, rules or regulations, shall +be retroactive. + +(h) The right of any person to institute and prosecute in the +ordinary courts of justice, any action, suit or motion against any +transportation or transmission company, for any claim or cause of +action against such company, shall not be extinguished or +impaired, by reason of any fine or other penalty which the +commission may impose, or be authorized to impose, upon such +company because of its breach of any public duty, or because of +its failure to comply with any order or requirement of the +commission; but, in no such proceeding by any person against such +corporation, nor in any collateral proceeding, shall the +reasonableness, justness or validity of any rate, charge, +classification or traffic, rule, regulation or requirement, +theretofore prescribed by the commission, within the scope of its +authority, and then in force, be questioned: provided, however, +that no ease based upon or involving any order of the commission +shall be heard, or disposed of, against the objection of either +party, so long as such order is suspended in its operation by an +order of the Supreme Court of Appeals as authorized by this +Constitution or by any law passed in pursuance thereof. + +(i) The commission shall make annual reports to the Governor of +its proceedings, in which reports it shall recommend, from time to +time, such new or additional legislation in reference to its +powers or duties, or to the creation, supervision, regulation or +control of corporations, or to the subject of taxation, as it may +deem wise or expedient, or as may be required by law. + +(k) Upon the organization of the State Corporation Commission, the +Board of Public Works and the office of Railroad Commissioner, +shall cease to exist; and all books, papers and documents +pertaining thereto, shall be transferred to, and become a part of +the records of, the office of the State Corporation Commission. + +(l) After the first day of January, nineteen hundred and five, in +addition to the modes of amendment provided for in Article fifteen +of this Constitution, the General Assembly, upon the +recommendation of the State Corporation Commission, may, by law, +from time to time, amend sub-sections a to i, inclusive, of this +section, or any of them, or any such amendment thereof: provided, +that no amendment made under authority of this sub-section shall +contravene the provisions of any part of this Constitution other +than the sub-sections last above referred to or any such amendment +thereof. + +SEC. 157. Provision shall be made by general laws for the payment +of a fee to the Commonwealth by every domestic corporation, upon +the granting, amendment or extension of its charter, and by every +foreign corporation upon obtaining a license to do business in +this State as specified in this section; and also for the payment, +by every domestic corporation, and foreign corporation doing +business in this State, of an annual registration fee of not less +than five dollars nor more than twenty-five dollars, which shall +be irrespective of any specific license, or other, tax imposed by +law upon such company for the privilege of carrying on its +business in this State, or upon its franchise or property; and for +the making, by every such corporation (at the time of paying such +annual registration fee), of such report to the State Corporation +Commission, of the status, business or condition of such +corporation, as the General Assembly may prescribe. No foreign +corporation shall have authority to do business in this State, +until it shall have first obtained from the commission a license +to do business in this State, upon such terms and conditions as +may be prescribed by law. The failure by any corporation for two +successive years to pay its annual registration fee, or to make +its said annual reports, shall, when such failure shall have +continued for ninety days after the expiration of such two years, +operate as a revocation and annulment of the charter of such +corporation if it be a domestic company, or, of its license to do +business in this State if it be a foreign company; and the General +Assembly shall provide additional and suitable penalties for the +failure of any corporation to comply promptly with the +requirements of this section, or of any laws passed in pursuance +thereof. The commission shall compel all corporations to comply +promptly with such requirements, by enforcing, in the manner +hereinbefore authorized, such fines and penalties against the +delinquent company as may be provided for, or authorized by, this +article; but the General Assembly may relieve from the payment of +the said registration fee any purely charitable institution or +institutions. + +SEC. 158. Every corporation heretofore chartered in this State, +which shall hereafter accept, or effect, any amendment or +extension of its charter, shall be conclusively presumed to have +thereby surrendered every exemption from taxation, and every non- +repealable feature of its charter and of the amendments thereof, +and also all exclusive rights or privileges theretofore granted to +it by the General Assembly and not enjoyed by other corporations +of a similar general character; and to have thereby agreed to +thereafter hold its charter and franchises, and all amendments +thereof, under the provisions and subject to all the requirements, +terms and conditions of this Constitution and of any laws passed +in pursuance thereof, so far as the same may be applicable to such +corporation. + +SEC. 159. The exercise of the right of eminent domain shall never +be abridged, nor so construed as to prevent the General Assembly +from taking the property and franchises of corporations and +subjecting them to public use, the same as the property of +individuals; and the exercise of the police power of the State +shall never be abridged, nor so construed as to permit +corporations to conduct their business in such manner as to +infringe the equal rights of individuals or the general well-being +of the State. + +SEC. 160. No transportation or transmission company shall charge +or receive any greater compensation, in the aggregate, for +transporting the same class of passengers or property, or for +transmitting the same class of messages, over a shorter than over +a longer distance, along the same line and in the same direction-- +the shorter being included in the longer distance, but this +section shall not be construed as authoring any such company to +charge or reserve as great compensation for a shorter as for a +longer distance the State Corporation Commission may, from time to +time, authorize any such company to disregard the foregoing +provisions of this section, by charging such rates as the +commission may prescribe as just and equitable between such +company and the public, to or from any junctional or competitive +points or localities, or where the competition of points located +without this State may make necessary the prescribing of special +rates for the protection of the commerce of this State, but this +section shall not apply to mileage tickets, or to any special +excursion, or commutation, rates, or to special rates for services +rendered to the government of this State, or of the United States, +or in the interest of some public object, when such tickets or +rates shall have been prescribed or authorized by the commission + +SEC. 161. No transportation or transmission company doing business +in this State shall grant to any member of the General Assembly, +or to any state, county, district or municipal officer, except to +members and officers of the State Corporation Commission for then +personal use while in office, any frank, free pass, free +transportation or any rebate or reduction in the rates charged by +such company to the general public for like services. For +violation of the provisions of this section the offending company +shall be liable to such penalties as may be prescribed by law, and +any member of the General Assembly, or any such officer, who +shall, while in office, accept any gift, privilege or benefit as +is prohibited by this section, shall thereby forfeit his office, +and be subject to such further penalties as may be prescribed by +law, but this section shall not prevent a street railway company +from transporting free of charge any member of the police force or +fire department while in the discharge of his official duties, nor +prohibit the acceptance by any such policeman or fireman of such +free transportation. + +SEC 102. The doctrine of fellow servant, so far as it affects the +liability of the master for injuries to his servant resulting from +the acts or omissions of any other servant or servants of the +common master, is, to the extent hereinafter stated, abolished as +to every employee of a railroad company, engaged in the physical +construction, repair or maintenance of its roadway, track or any +of the structures connected therewith, or in any work in or upon a +car or engine standing upon a track, or in the physical operation +of a train, car, engine, or switch, or in any service requiring +his presence upon a train, car or engine, and every such employee +shall have the same right to recovery for every injury suffered by +him from the acts or omissions of any other employee or employees +of the common master, that a servant would have (at the time when +this Constitution goes into effect), if such acts or omissions +were those of the master himself in the performance of a non- +assignable duty provided, that the injury, so suffered by such +railroad employee, result from the negligence of an officer, or +agent, of the company of a higher grade of service than himself, +or from that of a person, employed by the company, having the +right, or charged with the duty, to control or direct the general +services or the immediate work of the party injured, or the +general services or the immediate work of the co employee through, +or by whose act or omission he is injured, or that it result from +the negligence of a co employee engaged in another department of +labor, or engaged upon, or in charge of, any car upon which, or +upon the train of which it is a part, the injured employee is not +at the time of receiving the injury, or who is in charge of any +switch, signal point, or locomotive engine, or is charged with +dispatching trains or transmitting telegraphic or telephonic +orders therefore, and whether such negligence be in the +performance of an assignable or non assignable duty. The physical +construction, repair or maintenance of the roadway, track or any +of the structures connected therewith, and the physical +construction, repair, maintenance, cleaning or operation of +trains, cars or engines, shall be regarded as different +departments of labor within the meaning of this section. +Knowledge, by any such railroad employee injured, of the defective +or unsafe character or condition of any machinery, ways, +appliances or structures, shall be no defence to an action for +injury caused thereby. When death, whether instantaneous or not, +results to such an employee from any injury for which he could +have recovered, under the above provisions, had death not +occurred, then his legal or personal representative, surviving +consort, and relatives (and any trustee, curator committee or +guardian of such consort or relatives) shall, respectively, have +the same rights and remedies with respect thereto as if his death +had been caused by the negligence of a co employee while in the +performance, as vice-principal, of a non assignable duty of the +master. Every contract or agreement, express or implied, made by +an employee, to waive the benefit of this section, shall be null +and void This section shall not be construed to deprive any +employee, or his legal or personal representative, surviving +consort or relatives (or any trustee, curator, committee or +guardian of such consort or relatives), of an\ rights or remedies +that he or they may have by the law of the land, at the time this +Constitution goes into effect Nothing contained in this section +shall restrict the power of the General Assembly to further +enlarge, for the above named class of employees, the rights and +remedies hereinbefore provided for, or to extend such rights and +remedies to, or otherwise enlarge the present rights and remedies +of, any other class of employees of railroads or of employees of +any person, firm or corporation + +SEC 163 No foreign corporation shall be authored to carry on, m +this State, the business, or to exercise any of the powers or +functions, of a public service corporation, or be permitted to do +anything which domestic corporations are prohibited from doing or +be relieved from compliance with any of the requirements made of +similar domestic corporations by the Constitution and laws of this +State, where the same can be made applicable to such foreign +corporation without discriminating against it But this section +shall not affect any public service corporation whose line or +route extends across the boundary of this Commonwealth, nor +prevent any foreign corporation from continuing in such lawful +business as it may be actually engaged in within this State, when +this Constitution goes into effect; but any such foreign public +service corporation, so engaged, shall not, without first becoming +incorporated under the laws of this State, be authorized to +acquire, lease, use or operate, within this State, any public or +municipal franchise or franchises in addition to such as it may +own, lease, use or operate when this Constitution goes into +effect. The property, within this State, of foreign corporations +shall always be subject to attachment, the same as that of non- +resident individuals; and nothing in this section shall restrict +the power of the General Assembly to discriminate against foreign +corporations whenever, and in whatsoever respect, it may deem wise +or expedient. + +SEC. 164. The right of the Commonwealth, through such +instrumentalities as it may select, to prescribe and define the +public duties of all common carriers and public service +corporations, to regulate and control them in the performance of +their public duties, and to fix and limit their charges therefor, +shall never be surrendered nor abridged. + +SEC. 165. The General Assembly shall enact laws preventing all +trusts, combinations and monopolies, inimical to the public +welfare. + +SEC. 166. The exclusive right to build or operate railroads +parallel to its own, or any other, line of railroad, shall not be +granted to any company; but every railroad company shall have the +right, subject to such reasonable regulations as may be prescribed +by law, to parallel, intersect, connect with or cross, with its +roadway, any other railroad or railroads; but no railroad company +shall build or operate any line of railroad not specified in its +charter, or in some amendment thereof. All railroad companies, +whose lines of railroad connect, shall receive and transport each +other's passengers, freight, loaded or empty cars, without delay +or discrimination. Nothing in this section shall deprive the +General Assembly of the right to prevent by statute, repealable at +pleasure, any railroad from being built parallel to the present +line of the Richmond, Fredericksburg and Potomac railroad. + +SEC. 167. The General Assembly shall enact general laws regulating +and controlling all issues of stock and bonds by corporations. +Whenever stock or bonds are to be issued by a corporation, it +shall, before issuing the same, file with the State Corporation +Commission a statement (verified by the oath of the president or +secretary of the corporation, and in such form as may be +prescribed or permitted by the commission) setting forth fully and +accurately the basis, or financial plan, upon which such stock or +bonds are to be issued; and where such basis or plan includes +services or property (other than money), received or to be +received by the company, such statement shall accurately specify +and describe, in the manner prescribed, or permitted, by the +commission, the services and property, together with the valuation +at which the same are received or to be received; and such +corporation shall comply with any other requirements or +restrictions which may be imposed by law. The General Assembly +shall provide adequate penalties for the violation of this +section, or of any laws passed in pursuance thereof; and it shall +be the duty of the commission to adjudge, and enforce (in the +manner hereinbefore provided), against any corporation refusing or +failing to comply with the provisions of this section, or of any +laws passed in prey nuance thereof, such fines and penalties as +are authorized by this Constitution, or may be prescribed by law. + + + + + +ARTICLE XIII. + +TAXATION AND FINANCE. + + +SEC. 168. All property, except as hereinafter provided, shall be +taxed; all taxes, whether state, local, or municipal, shall be +uniform upon the same class of subjects within the territorial +limits of the authority levying the tax, and shall be levied and +collected under general laws. + +SEC. 169. Except as hereinafter provided, all assessments of real +estate and tangible personal property shall be at their fair +market value, to be ascertained as prescribed by law. The General +Assembly may allow a lower rate of taxation to be imposed for a +period of years by a city or town upon land added to its corporate +limits, than is imposed on similar property within its limits at +the time such land is added. Nothing in this Constitution shall +prevent the General Assembly, after the first day of January, +nineteen hundred and thirteen, from segregating for the purposes +of taxation, the several kinds or classes of property, so as to +specify and determine upon what subjects, state taxes, and upon +what subjects, local taxes may be levied. + +SEC. 170. The General Assembly may levy a tax on incomes in excess +of six hundred dollars per annum; may levy a license tax upon any +business which cannot be reached by the ad valorem system; and may +impose state franchise taxes, and in imposing a franchise tax, +may, in its discretion, make the same in lieu of taxes upon other +property, in whole or in part, of a transportation, industrial, or +commercial corporation. Whenever a franchise tax shall be imposed +upon a corporation doing business in this State, or whenever all +the capital, however invested, of a corporation chartered under +the laws of this State, shall be taxed, the shares of stock issued +by any such corporation, shall not be further taxed. No city or +town shall impose any tax or assessment upon abutting land owners +for street or other public local improvements, except for making +and improving the walkways upon then existing streets, and +improving and paving then existing alleys, and for either the +construction, or for the use of sewers; and the same when imposed, +shall not be in excess of the peculiar benefits resulting +therefrom to such abutting land owners. Except in cities and +towns, no such taxes or assessments, for local public improvements +shall be imposed on abutting land owners. + +SEC. 171. The General Assembly shall provide for a re-assessment +of real estate, in the year nineteen, hundred and five, and every +fifth year thereafter, except that of railway and canal +corporations, which, after the January the first, nineteen hundred +and thirteen, may be assessed as the General Assembly may provide + +SEC 172 The General Assembly shall provide for the special and +separate assessment of all coal and other mineral land, but until +such special assessment is made, such land shall be assessed under +existing laws + +SEC 173 The General Assembly shall levy a state capitation tax of, +and not exceeding, one dollar and fifty cents per annum on every +male resident of the State not less than twenty one years of age, +except those pensioned by this State for military services, one +dollar of which shall be applied exclusively in aid of the public +free schools, in proportion to the school population, and the +residue shall be returned and paid by the State into the treasury +of the county or city in which it was collected, to be +appropriated by the proper county or city authorities to such +county or city purposes as they shall respectively determine, but +said state capitation tax shall not be a lien upon, nor collected +by legal process from, the personal property which may be exempt +from levy or distress under the poor debtor's law. The General +Assembly may authorize the board of supervisors of any county, or +the council of any city or town, to levy an additional capitation +tax not exceeding one dollar per annum on every such resident +within its limits, which shall be applied in aid of the public +schools of such county, city or town, or for such other county, +city or town purposes as they shall determine + +SEC 174 After this Constitution shall be in force, no statute of +limitation shall run against any claim of the State for taxes upon +any property, nor shall the failure to assess property for +taxation defeat a subsequent assessment for and collection of +taxes for any preceding year or years, unless such property shall +have passed to a bona fide purchaser of value, without notice, in +which latter case the property shall be assessed for taxation +against such purchaser from the date of his purchase + +SEC 175 The natural oyster beds, rocks and shoals, in the waters +of this State, shall not be leased, rented or sold, but shall be +held in trust for the benefit of the people of this State, subject +to such regulations and restrictions as the General Assembly may +prescribe, but the General Assembly may, from time to time, define +and determine such natural beds, rocks or shoals, by surveys or +otherwise + +SEC 176 The State Corporation Commission shall annually ascertain +and assess, at the time hereinafter mentioned, and in the manner +required of the Board of Public Works, by the law in force on +January the first nineteen hundred and two, the value of the +roadbed, and other real estate, rolling stock, and all other +personal property whatsoever (except its franchise and the non +taxable shares of stock issued by other corporations) in this +State, of each railway corporation, whatever its motive power, now +or hereafter liable for taxation upon such property, the canal bed +and other real estate, the boats and all other personal property +whatsoever (except its franchise and the non taxable shares of +stock issued by other corporations) in this State, of each canal +corporation, empowered to conduct transportation, and such +property shall be taxed for state, county, city, town and district +purposes in the same manner as authorized by said law, at such +rates of taxation as may be imposed by them, respectively, from +time to time, upon the real estate and personal property of +natural persons provided, that no tax shall be laid upon the net +income of such corporations. + +SEC. 177. Each such railway or canal corporation, including also +any such as is exempt from taxation as to its works, visible +property, or profits, shall also pay an annual state franchise tax +equal to one per centum upon the gross receipts hereinafter +specified in section One Hundred and Seventy eight for the +privilege of exercising its franchise in this State, which, with +the taxes provided for in section One Hundred and Seventy six, +shall be in lieu of all other taxes or license charges whatsoever +upon the franchises of such corporation, the shares of stock +issued by it, and upon its property assessed under section One +Hundred and Seventy six provided, that nothing herein contained +shall exempt such corporation from the annual fee required by +section One Hundred and fifty seven of this Constitution, or from +assessments for street and other public local improvements +authorized by section One Hundred and Seventy, and provided, +further, that nothing herein contained shall annul or interfere +with, or prevent any contract or agreement by ordinance between +street railway corporations and municipalities, as to compensation +for the use of the streets or alleys of such municipalities by +such railway corporations. + +SEC 178 The amount of such franchise tax shall be equal to one per +centum of the gross transportation receipts of such corporation, +for the year ending June the thirtieth of each year, to be +ascertained by the State Corporation Commission, in the following +manner: + +(a) When the road or canal of the corporation lies wholly within +this State, the tax shall be equal to one per centum of the entire +gross transportation receipts of such corporation + +(b) When the road or canal of the corporation lies partly within +and partly without this State or is operated as a part of a line +or system extending beyond this State, the tax shall be equal to +one per centum of the gross transportation receipts earned within +this State, to be determined as follows: By ascertaining the +average gross transportation receipts per mile over its whole +extent within and without this State, and multiplying the result +by the number of miles operated within this State provided, that +from the sum so ascertained there may be a reasonable deduction +because of any excess of value of the terminal facilities or other +similar advantages in other states over similar facilities or +advantages in this State. + +SEC 179 Each corporation mentioned in sections One Hundred and +Seventy six and One Hundred and Seventy seven shall annually, on +the first day of September, make to the State Corporation +Commission the report which the law, in force January the first, +nineteen hundred and two, required to be made annually to the +Board of Public Works by every railroad and canal company in this +State, not exempt from taxation by virtue of its charter, which +report shall also show the property taxable in this State +belonging to the corporation on the thirtieth day of June +preceding, and its total gross transportation receipts for the +year ending on that date. Upon receiving such report the State +Corporation Commission shall, after thirty days' notice previously +given, as provided by said law, assess the value of the property +not exempt from taxation, of the corporation, and ascertain the +amount of the franchise tax and other state taxes chargeable +against it. All taxes for which the corporation is liable shall be +paid on or before the first day of December following the +provisions of said law, except as changed by this article shall +apply to the ascertainment and collection of the franchise, as +well as other taxes of such corporations. Said taxes, until paid, +shall be a lien upon the property within this State of the +corporation owning the same, and take precedence of all other +liens or incumbrances. + +SEC. 180 Any corporation aggrieved by the assessment and +ascertainment made under sections One Hundred and Seventy six and +One Hundred and Seventy eight may, within thirty days after +receiving a certified copy thereof, apply for relief to the +circuit court of the city of Richmond Justice of the application, +setting forth the grounds of complaint, verified by affidavit, +shall be served on the State Corporation Commission, and on the +Attorney General whose duty it shall be to represent the State. +The court, if of opinion that the assessment or tax is excessive +shall reduce the same, but if of opinion that it is insufficient, +shall increase the same. Unless the applicant paid the taxes under +protest, when due, the court, if it disallow the application, +shall give judgment against it for a sum, by way of damages, equal +to interest at the rate of one per centum per month upon the +amount of taxes from the time the same were payable. If the +application be allowed, in whole or in part, appropriate relief +shall be granted, including the right to recover any excess of +taxes that may have been paid, with legal interest thereon, and +costs, from the State or local authorities, or both, as the case +may be, the judgment to be enforceable by mandamus or other proper +process issuing from the court finally adjudicating the +application. Subject to the provisions of Article Six of this +Constitution, the Supreme Court of Appeals may allow a court of +error to either party. + +SEC. 181. As of January the first, nineteen hundred and three, the +system of taxation, as to the corporations mentioned in sections +One Hundred and Seventy six and One Hundred and Seventy seven, +shall be as set forth in sections One Hundred and Seventy six to +One Hundred and Eighty, inclusive, and for that year the franchise +tax shall be based upon such gross receipts for the year ending +the thirtieth day of June, nineteen hundred and three, and such +system shall so remain until the first day of January, nineteen +hundred and thirteen, and thereafter until modified or changed, as +may be prescribed by law provided, that, if the said system shall +for any reason become inoperative, the General Assembly shall have +power to adopt some other system. + +SEC. 182. Until otherwise prescribed by law, the shares of stock +issued by trust or security companies chartered by this State, and +by incorporated banks, shall be taxed in the same manner in which +the shares of stock issued by incorporated banks were taxed, by +the law in force January the first, nineteen hundred and two, but +from the total assessed value of the shares of stock of any such +company or bank, there shall be deducted the assessed value of its +real estate otherwise taxed in this State, and the value of each +share of stock shall be its proportion of the remainder. + +SEC. 183. Except as otherwise provided in this Constitution, the +following property and no other, shall be exempt from taxation, +state and local, but the General Assembly may hereafter tax any of +the property hereby exempted save that mentioned in sub-section +(a) + +(a) Property directly or indirectly owned by the State, however +held, and property lawfully owned and held by counties, cities, +towns, or school districts, used wholly and exclusively for +county, city, town, or public school purposes, and obligations +issued by the State since the fourteenth day of February, eighteen +hundred and eighty two or hereafter exempted by law. (b) Buildings +with land they actually occupy, and the furniture and furnishings +therein lawfully owned and held by churches or religious bodies, +and wholly and exclusively used for religious worship, or for the +residence of the minister of any such church or religious body, +together with the additional adjacent land reasonably necessary +for the convenient use of any such building. + +(c) Private family burying grounds not exceeding one acre in area, +reserved as such by will or deed or shown by other sufficient +evidence to be reserved as such, and so exclusively used, and +public burying grounds and lots therein exclusively used for +burial purposes, and not conducted for profit, whether owned or +managed by local authorities or by private corporations. + +(d) Buildings with the land they actually occupy and the +furniture, furnishings, books and instruments therein, wholly +devoted to educational purposes, belonging to, and actually and +exclusively occupied and used by churches, public libraries, +incorporated colleges, academies, industrial schools, seminaries, +or other incorporated institutions of learning, including the +Virginia Historical Society, which are not corporations having +shares of stock or otherwise owned by individuals or other +corporations, together with such additional adjacent land owned by +such churches, libraries and educational institutions as may be +reasonably necessary for the convenient use of such buildings, +respectively, and also the buildings thereon used as residences by +the officers or instructors of such educational institutions, and +also the permanent endowment funds held by such libraries and +educational institutions directly or in trust, and not invested in +real estate provided, that such libraries and educational +institutions are not conducted for profit of any person or +persons, natural or corporate directly or under any guise or +pretence whatsoever. But the exemption mentioned in this sub +section shall not apply to any industrial school, individual or +corporate, not the property of the State, which does work for +compensation, or manufactures and sells articles, in the community +in which such school is located; provided, that nothing herein +contained shall restrict any such school from doing work for or +selling its own products or any other articles to any of its +students or employees. + +(e) Real estate belonging to, actually and exclusively occupied, +and used by, and personal property, including endowment funds, +belonging to Young Men's Christian Associations, and other similar +religious associations, orphan or other asylums, reformatories, +hospitals and nunneries, which are not conducted for profit, but +purely and completely as charities. + +(f) Buildings with the land they actually occupy, and the +furniture and furnishings therein, belonging to any benevolent or +charitable association and used exclusively for lodge purposes or +meeting rooms by such association, together with such additional +adjacent land as may be necessary for the convenient rise of the +buildings for such purposes; and + +(g) Property belonging to the Association for the Preservation of +Virginia Antiquities, the Confederate Memorial Literary Society, +and the Mount Vernon Ladies' Association of the Union. + +No inheritance tax shall be charged, directly or indirectly, +against any legacy or devise made according to law for the benefit +of any institution or other body or any natural or corporate +person whose property is exempt from taxation as hereinbefore +mentioned in this section. + +Nothing contained in this section shall be construed to exempt +from taxation the property of any person, firm, association or +corporation, who shall, expressly or impliedly, directly or +indirectly, contract or promise to pay any sum of money or other +benefit, on account of death, sickness, or accident to any of its +members or any other person; and whenever any building or land, or +part thereof, mentioned in this section and not belonging to the +State, shall be leased or shall be a source of revenue or profit, +all of such buildings and land shall be liable to taxation as +other land and buildings in the same county, city, or town; and +nothing herein contained shall be construed as authorizing or +requiring any county, city, or town to tax for county, city or +town purposes, in violation of the rights of the lessees thereof +existing under any lawful contract heretofore made, any real +estate owned by such county, city or town, and heretofore leased +by it. + +Obligations issued by counties, cities, or towns may be exempted +by the authorities of such localities from local taxation. + +SEC. 184. No debt shall be contracted by the State except to meet +casual deficits in the revenue, to redeem a previous liability of +the State, to suppress insurrection, repel invasion, or defend the +State in time of war. No scrip, certificate, or other evidence of +state indebtedness, shall be issued except for the transfer or +redemption of stock previously issued, or for such debts as are +expressly authorized in this Constitution. + +SEC. 185. Neither the credit of the State, nor of any county, +city, or town, shall be, directly or indirectly, under any device +or pretence whatsoever, granted to or in aid of any person, +association, or corporation; nor shall the State, or any county, +city, or town subscribe to or become interested in the stock or +obligations of any company, association, or corporation, for the +purpose of aiding in the construction or maintenance of its work; +nor shall the State become a party to or become interested in any +work of internal improvement, except public roads, or engaged in +carrying on any such work; nor assume any indebtedness of any +county, city, or town, nor lend its credit to the same; but this +section shall not prevent a county, city or town from perfecting a +subscription to the capital stock of a railroad company authorized +by existing charter conditioned upon the affirmative vote of the +voters and freeholders of such county, city or town in favor of +such subscription: provided, that such vote be had prior to July +first, nineteen hundred and three. + +SEC. 186. All taxes, licenses, and other revenue of the State, +shall be collected by its proper officers and paid into the state +treasury. No money shall be paid out of the state treasury except +in pursuance of appropriations made by law; and no such +appropriation shall be made which is payable more than two years +after the end of the session of the General Assembly, at which the +law is enacted authorizing the same; and no appropriation shall be +made for the payment of any debt or obligation created in the name +of the State during the war between the Confederate States and the +United States. Nor shall any county, city, or town pay any debt or +obligation created by such county, city, or town in aid of said +war. + +SEC. 187. The General Assembly shall provide and maintain a +sinking fund in accordance with the provisions of section Ten of +the act, approved February the twentieth, eighteen hundred and +ninety-two, entitled "an act to provide for the settlement of the +public debt of Virginia not funded under the provisions of an act +entitled an act to ascertain and declare Virginia's equitable +share of the debt created before, and actually existing at the +time of the partition of her territory and resources, and to +provide for the issuance of bonds covering the same, and the +regular and prompt payment of the interest theron, approved +February the fourteenth, eighteen hundred and eighty-two." Every +law hereafter enacted by the General Assembly, creating a debt or +authorizing a loan, shall provide for the creation and maintenance +of a sinking fund for the payment or redemption of the same. + +SEC. 188. No other or greater amount of tax or revenue shall, at +any time, be levied than may be required for the necessary +expenses of the government, or to pay the indebtedness of the +State. + +SEC. 189. On all lands and the improvements thereon, and on all +tangible personal property, not exempt from taxation by the +provision of this article, the rate of state taxation shall be +twenty cents on every hundred dollars of the assessed value +thereof, the proceeds of which shall be applied to the expenses of +the government and the indebtedness of the State, and a further +tax of ten cents on every hundred dollars of the assessed value +thereof, which shall be applied to the support of the public free +schools of the State: provided, that after the first day of +January, nineteen hundred and seven, the tax rate upon said real +and personal property, for such purposes shall be prescribed by +law. But the General Assembly during such period of four years, in +addition to making annually an appropriation for pensions not to +exceed the last appropriation made for such purpose prior to +September the thirtieth, nineteen hundred and one, may levy +annually, a special tax for pensions, on such real and personal +property of not exceeding five cents on the hundred dollars of the +assessed value therof. + + + + + +ARTICLE XIV. + +MISCELLANEOUS PROVISIONS. + + +HOMESTEAD AND OTHER EXEMPTIONS. + +SEC. 190. Every householder or head of a family shall be entitled, +in addition to the articles now exempt from levy or distress for +rent, to hold exempt from levy, seizure, garnishment, or sale +under any execution, order, or other process issued on any demand +for a debt hereafter contracted, his real and personal property, +or either, including money and debts due him, to the value of not +exceeding two thousand dollars, to be selected by him: provided, +that such exemption shall not extend to any execution, order, or +other process issued on any demand in the following cases: + +First. For the purchase price of said property, or any part +thereof. If the property purchased, and not paid for, be exchanged +for, or converted into, other property by the debtor, such last- +named property shall not be exempted from the payment of such +unpaid purchase money under the provisions of this article; + +Second. For services rendered by a laboring person or mechanic; + +Third. For liabilities incurred by any public officer, or officer +of a court, or any fiduciary, or any attorney-at-law for money +collected; + +Fourth. For a lawful claim for any taxes, levies, or assessments +accruing after the first day of June, eighteen hundred and sixty- +six; + +Fifth. For rent; + +Sixth. For the legal or taxable fees of any public officer or +officer of a court. + +SEC. 191. The said exemption shall not be claimed or held in a +shifting stock of merchandise, or in any property, the conveyance +of which by the homestead claimant has been set aside on the +ground of fraud or want of consideration. + +SEC. 192. The General Assembly shall prescribe the manner and the +conditions on which a householder or head of a family shall set +apart and hold for himself and family a homestead in any of the +property hereinbefore mentioned. But this section shall not be +construed as authorizing the General Assembly to defeat or impair +the benefits intended to be conferred by the provisions of this +article. + +SEC. 193. Nothing contained in this article shall invalidate any +homestead exemption heretofore claimed under the provisions of the +former Constitution; or impair in any manner the right of any +householder or head of a family existing at the time that this +Constitution goes into effect, to select the exemption, or any +part thereof, to which he was entitled under the former +Constitution; provided that such right, if hereafter exercised, be +not in conflict with the exemptions set forth in sections One +Hundred and Ninety and One Hundred and Ninety-one. But no person +who has selected and received the full exemption allowed by the +former Constitution shall be entitled to select an additional +exemption under this Constitution; and no person who has selected +and received part of the exemption allowed by the former +Constitution shall be entitled to select an additional exemption +beyond the difference between the value of such part and a total +valuation of two thousand dollars. So far as necessary to +accomplish the purposes of this section the provisions of chapter +One Hundred and Seventy-eight of the Code of Virginia, and the +acts amendatory thereof, shall remain in force until repealed by +the General Assembly. The provisions of this article shall be +liberally construed. + +SEC. 194. The General Assembly is hereby prohibited from passing +any law staying the collection of debts, commonly known as "stay +laws"; but this section shall not be construed as prohibiting any +legislation which the General Assembly may deem necessary to fully +carry out the provisions of this article. + +HEIRS OF PROPERTY. + +SEC. 195. The children of parents, one or both of whom were slaves +at and during the period of cohabitation, and who were recognized +by the father as his children, and whose mother was recognized by +such father as his wife, and was cohabited with as such, shall be +as capable of inheriting any estate whereof such father may have +died seized, or possessed, or to which he was entitled, as though +they had been born in lawful wedlock. + + + + + +ARTICLE XV. + +FUTURE CHANGES IN THE CONSTITUTION. + + +SEC. 196. Any amendment or amendments to the Constitution may be +proposed in the Senate or House of Delegates, and if the same +shall be agreed it by a majority of the members elected to each of +the two houses, such proposed amendment or amendments shall be +entered on their journals, with the ayes and noes taken thereon, +and referred to the General Assembly at its first regular session +held after the next general election of members of the House of +Delegates, and shall be published for three months previous to the +time of such election. If, at such regular session the proposed +amendment or amendments shall be agreed to by a majority of all +the members elected to each house, then it shall be the duty of +the General Assembly to submit such proposed amendment or +amendments to the people, in such manner and at such times as it +shall prescribe; and if the people shall approve and ratify such +amendment or amendments by a majority of the electors, qualified +to vote for members of the General Assembly, noting thereon, such +Amendment or amendments shall become part of the Constitution. + +SEC. 197. At such time as the General Assembly may provide, a +majority of the members elected to each house being recorded in +the affirmative, the question, "shall there be a convention to +revise the Constitution and amend the same?" shall be submitted to +the electors qualified to vote for members of the General +Assembly; and in case a majority of the electors so qualified, +voting thereon, shall vote in favor of a convention for such +purpose, the General Assembly, at its next session, shall provide +for the election of delegates to such convention; and no +convention for such purpose shall be otherwise called. + + + + + +SCHEDULE. + + +That no inconvenience may arise from the adoption of this +Constitution, and in order to provide for carrying it into +complete operation, it is hereby ordained that: + +SECTION 1. The common law and the statute laws in force at the +time this Constitution goes into effect, so far as not repugnant +thereto or repealed thereby, shall remain in force until they +expire by their own limitation, or are altered or repealed by the +General Assembly. + +SEC. 2. All ordinances adopted by this Contention and appended to +the official original draft of the Constitution delivered to the +Secretary of the Commonwealth shall have the same force and +effect, as if they were parts of this Constitution. + +SEC. 3. Except as modified by this Constitution, all writs, +actions and causes of action, prosecutions, lights of individuals, +of bodies corporate or politic, and of the State, shall continue. +All legal proceedings, civil and criminal, pending at the time +this Constitution goes into effect, or instituted prior to the +first day of February, nineteen hundred and four, in any county or +circuit court as now existing, shall be prosecuted therein: +provided, that all such matters, which are not finally terminated +before the day last above mentioned, shall, on that date, by +operation of this Constitution and Schedule, be transferred to the +circuit court of the county or city created under this +Constitution, and shall be proceeded with therein. All such +matters pending in the city courts, preserved by this +Constitution, when the same goes into effect, or thereafter +instituted therein, shall continue in said courts, and be therein +proceeded with, until otherwise provided by law. All matters +before justices of the peace or police justices at the time this +Constitution goes into effect, shall be proceeded with before +them, until otherwise provided by law. All legal proceedings +prosecuted after this Constitution goes into effect, whether in +any of the courts now existing, or in those created by this +Constitution, shall be proceeded with in the manner now or +hereafter provided by law, except as otherwise required by this +Constitution. + +SEC. 4. All taxes, fines, penalties, forfeitures and escheats, +accrued or accruing to the Commonwealth, or to any political +subdivision thereof, under the present Constitution, or under the +laws now in force, shall, under this Constitution, enure to the +use of the Commonwealth, or of such subdivision thereof + +SEC 5 All recognizances, and other obligations, and all other +instruments entered into or executed before the adoption of this +Constitution, or before the complete organization of the +departments thereunder, to the Commonwealth, or to any county, or +political subdivision thereof, city, town board, or other public +corporation, or institution therein, or to any public officer, +shall remain binding and valid, and rights and liabilities +thereunder shall continue and may be enforced or prosecuted in the +courts of this State as now or here after provided by law + +SEC 6 From the day this Constitution goes into effect, the present +judges of the Supreme Court of Appeals, or their successors then +in office, shall be the judges of the Supreme Court of Appeals +created by this Constitution, and continue in office, unless +sooner removed, until February the first, nineteen hundred and +seven. The jurisdiction of the court shall be as now or hereafter +provided by law, subject to the provisions of this Constitution. +All proceedings, then pending in the court as now organized, +shall, by virtue of this Constitution, be transferred to and +disposed of by the court created by this Constitution. + +SEC 7 The present judicial system of county and circuit courts of +the Commonwealth is continued, and the terms of the several judges +thereof, with the powers and duties now possessed by them +respectively, are continued, until the first day of February, +nineteen hundred and four, as if this Constitution had not been +adopted, on which day the judicial system of circuit courts +created by this Constitution shall go into operation. The terms of +the judges of the city courts, as preserved by this Constitution, +of the cities of Alexandria, Charlottesville, Danville, +Fredericksburg, Lynchburg, Petersburg, Norfolk, Portsmouth, +Richmond, Staunton, Manchester, Roanoke, Winchester, and Newport +News, shall continue until the first day of February, nineteen +hundred and seven, and the terms of the judges of the city courts, +as preserved by this Constitution, of the cities of Bristol, +Radford and Buena Vista, shall continue until the first day of +February, nineteen hundred and four, unless the said courts shall +be sooner abolished The privilege now allowed by statute to judges +of county courts and to judges of certain city courts to practice +law, shall continue during the terms of the judges whose terms are +continued by the Schedule, unless otherwise provided by-law + +SEC 8 The terms of the clerks of the county and circuit courts now +in office, or their successors, shall continue until the first day +of February, nineteen hundred and four, and thereupon, the several +clerks of the county courts in those counties in which such clerks +are now ex-officio clerks of the circuit courts of said counties +shall be and become the county clerks of their respective +counties, and the clerks of all the other county courts of the +State, except the counties of Accomac, Augusta, Bedford, Campbell, +Elizabeth City, Fairfax, Lee, Loudoun Hanover Henrico, Rockingham, +Nansemond, Southampton, Pittsylvania, Nelson and Fauquier, and, as +such, the clerks of the circuit courts created therefor by this +Constitution, and shall hold office as such until the first day of +January, nineteen hundred and six, unless sooner removed, and then +successors shall be elected on Tuesday after the first Monday in +November, nineteen hundred and five, provided that the first term +of the clerks so elected be for six years. In the counties of +Accomac, Augusta, Bedford, Campbell, Elizabeth City, Fairfax, Lee, +Loudoun, Hanover, Henrico, Rockingham, Nansemond, Southampton, +Pittsylvania, Nelson and Fauquier, in which there are now separate +clerks for the county and circuit courts thereof, there shall be +elected on Tuesday after the first Monday in November nineteen +hundred and three, county clerks for such counties. The terms of +the clerks now in office, or their successors, of the several city +courts preserved by this Constitution, shall continue until the +first day of January, nineteen hundred and seven, and their +successors shall be elected on Tuesday after the first Monday in +November, nineteen hundred and five, but if any of such city +courts shall be sooner abolished as provided in this Constitution +or by law, then the term of the clerk of any such court shall +thereupon determine. + +SEC 9 The first election of the Governor and of all officers +required by this Constitution, to be chosen by the qualified +voters of the State at large, shall be held on the Tuesday after +the first Monday in November, nineteen hundred and five, and their +terms of office shall begin on the first day of February following +their election. The present incumbents of said offices, or their +successors, shall continue in office until the last named day. + +SEC 10 The first election of members of the House of Delegates, +and of all county and district officers, to be elected by the +people under this Constitution, except as otherwise provided in +this Schedule, shall be held on Tuesday after the first Monday in +November, in the year nineteen hundred and three, and the terms of +office of the several officers elected at that or any subsequent +election shall begin on the first day of January, next after their +election, except as otherwise provided in this Constitution or in +this Schedule. And the terms of the office of the sheriff, +commonwealth's attorney, treasurer, commissioners of the revenue, +superintendents of the poor, supervisors of the several counties, +justices of the peace, and overseers of the poor, and of any +incumbent of any other county or district office not abolished by +this Constitution, nor herein specifically mentioned, now in +office, or their successors, or whose terms of office shall begin +on the first day of July, nineteen hundred and two, are continued +until January the first, nineteen hundred and four. + +The terms of the present members of the House of Delegates, and +the terms of the senators now in office, or (in case of vacancies +therein), their successors, representing the senatorial districts +bearing even numbers, are extended until the second Wednesday in +January, nineteen hundred and four, provided, that the term of the +senator, now residing m the city of Richmond, who by the +provisions of the apportionment act, approved April the second, +nineteen hundred and two, is continued in office as one of the +senators from the thirty-eighth senatorial district thereby +created, be extended until the second Wednesday in January, +nineteen hundred and six. The terms of the senators now in office, +or (in case of vacancies therein), their successors, representing +the senatorial districts bearing odd numbers are extended until +the second Wednesday in January, nineteen hundred and six. + +In the senatorial districts bearing even numbers, there shall be +elected, on the Tuesday after the first Monday in November, +nineteen hundred and three, for a term of four years, to begin on +the second Wednesday in January succeeding their election, members +of the Senate to represent such districts; in the senatorial +districts bearing odd numbers, and in the city of Richmond to fill +the vacancy, which will, as above provided, occur on the second +Wednesday in January, nineteen hundred and six, there shall be +elected, on the Tuesday after the first Monday in November, +nineteen hundred and five, for a term of two years, to begin on +the second Wednesday in January succeeding their election, members +of the Senate to represent such districts; and on the Tuesday +after the first Monday in November, nineteen hundred and seven, +there shall be elected, for the term of four years, to begin on +the second Wednesday in January succeeding their election, a +senator from each senatorial district in the State. + +SEC. 11. All other state, county, and district officers, and their +successors, who may be in office at the time this Constitution +goes into effect, except the Auditor of Public Accounts, the +Second Auditor, the Register of the Land Office, the +Superintendent of Public Printing, the Commissioner of Labor and +Industrial Statistics, Railroad Commissioner, notaries public, the +Adjutant-General, the Superintendent and the Surgeon of the +Penitentiary, the Manager and the Surgeon of the State Prison +Farm, the superintendents of the several state hospitals, and the +school superintendents for counties and cities, and school +trustees, shall, unless their respective offices be abolished, or +unless otherwise provided by this Constitution or Schedule, hold +their respective offices, and discharge the respective duties and +exercise the respective powers thereof, until January the first, +nineteen hundred and four. The terms of the present incumbents in +the offices of Auditor of Public Accounts, Second Auditor, +Register of the Land Office, Superintendent of Public Printing, +and Commissioner of Labor and Industrial Statistics, shall +continue until March the first, nineteen hundred and four. The +term of the Railroad Commissioner shall end as soon as the State +Corporation Commission shall be organized. Notaries public shall +continue in office until their respective commissions shall +expire. The term of the office of Adjutant-General shall expire +March the first, nineteen hundred and six. The Superintendent and +the Surgeon of the Penitentiary, the Manager and the Surgeon of +the State Prison Farm, the superintendents of the several state +hospitals, shall continue in office until their successors shall +be appointed by the respective boards empowered under this +Constitution to make the several appointments. The school +superintendents for counties and cities shall remain in office for +their respective terms, and until their successors are appointed. +School trustees now in office, or their successors, shall remain +in office until otherwise provided by law. Electoral boards with +the powers conferred by existing laws, except the appointment of +registrars, shall remain in office until March, the first, +nineteen hundred and four. + +SEC. 12. The terms of the State Board of Education, the State +Corporation Commission, and the Board of Agriculture and +Immigration, the directors of public institutions and prisons, and +of each state hospital, and the Commissioner of State Hospitals, +to be first elected, or appointed, under this Constitution, shall +begin on March the first, nineteen hundred and three. The board of +any of the above-named departments and institutions as now +constituted shall continue until the boards created under this +Constitution for such departments and institutions respectively +are duly organized. And the terms of the members of the Board of +Fisheries are continued until March the first, nineteen hundred +and six. The terms of the trustees or visitors of the state +educational institutions, and other honorary appointments made by +the Governor, are continued until otherwise provided by law. + +SEC. 13. Charters of incorporation may, until the first day of +April, nineteen hundred and three, be granted or amended by the +courts of the State in accordance with the laws in force when this +Constitution goes into effect, unless the General Assembly shall +sooner provide for the creation of corporations as required by +this Constitution. + +SEC. 14. The terms of all officers elected by the qualified voters +of a city, and of their successors, in office at the time this +Constitution goes into effect, or whose terms of office begin on +the first day of July, nineteen hundred and two, except the terms +of mayors, of members of city councils and of the clerks of city +courts, are continued until January the first, nineteen hundred +and six; and their successors shall be elected on the Tuesday +after the first Monday in November, nineteen hundred and five. The +terms of all city officers, not so elected, shall expire as +provided in the charters of the several cities, or as may be +provided by law. + +SEC. 15. Until otherwise provided by law, the mayors of the +several cities shall continue in office until September the first, +nineteen hundred and four, and their successors shall be elected +the second Tuesday in June, nineteen hundred and four. Until +otherwise provided by law, the members of the several city +councils shall continue in office for the terms prescribed in the +charters of their respective cities, except that where their terms +are prescribed as ending on the first day of July of any year, +they shall be extended until the first day of September following. + +SEC. 16. Vacancies in any office, the term of which is confirmed +or extended by this Schedule, occurring during such term or +extension thereof, shall be filled in the manner prescribed by +law. + +Sec. 17. All officers, whose terms of office are extended by this +Schedule, required by law or municipal ordinance to give bond for +the faithful discharge of the duties of their respective offices, +shall, prior to the expiration of the terms for which they were +respectively chosen, before the court or other authority before +whom such officer was required by law or municipal ordinance to +give such bond, enter into a new bond, in the same penalty and +with such security as was prescribed by law or municipal ordinance +in respect to his former bond, and with like conditions as therein +prescribed, for the faithful discharge of the duties of his office +for the extended term herein provided for, and until his successor +shall have been duly chosen, and shall have qualified according to +law. Upon failure to give such bond within the time above +prescribed, the office shall, upon the expiration of the term for +which the incumbent thereof was chosen, become vacant, + +SEC. 18. In all elections held after this Constitution goes into +effect, the qualifications of electors shall be those required by +Article Two of this Constitution. + +SEC. 19. The General Assembly which convened on the first +Wednesday in December, nineteen hundred and one, shall be called +by the Governor to meet in session at the Capitol at twelve +o'clock P.M., on Tuesday, the fifteenth day of July, nineteen +hundred and two. It shall be vested with all the powers, charged +with all the duties, and subject to all the limitations prescribed +by this Constitution in reference to the General Assembly, except +as to the limitation upon the period of its session, +qualifications of members, and as to the time at which any of its +acts shall take effect; but the ineligibility of the members +thereof to be elected to any other office during their terms as +members of the General Assembly shall be such as is imposed by +this Constitution. The said General Assembly shall elect judges +for all of the circuit courts provided for in this Constitution, +and also of the corporation courts for Bristol, Radford, and Buena +Vista, unless said city courts are sooner abolished. + +SEC. 20. The said General Assembly shall enact such laws as may be +deemed proper, including those necessary to put this Constitution +into complete operation; to confirm those officers whose +appointment is made by this Constitution subject to confirmation +by the General Assembly or either house thereof; and to transact +other proper business; and such session shall continue so long as +may be necessary. The members shall receive for their services +four dollars per day, for the time when the General Assembly is +actually in session, including Sundays and recesses of not +exceeding five days, and the mileage provided by law; the Speaker +of the House of Delegates and President of the Senate shall each +receive seven dollars per day for the same period and the mileage +provided by law; and the other officers and employees shall +receive such compensation for their services as the General +Assembly may prescribe. Provision may be made for compensation at +said rate of four dollars per day of members of legislative +committees which may sit during any recess of said session. + +SEC. 21. The compensation and duties of the Clerk of the House of +Delegates and of the Clerk of the Senate shall continue as now +fixed by law until the first day of January, nineteen hundred and +three, after which date their compensation shall be as prescribed +by section Sixty-six of this Constitution. + +SEC. 22. When the General Assembly convenes on the fifteenth day +of July, nineteen hundred and two, its members and officers, +before entering upon the discharge of their duties, shall +severally take and subscribe the oath or affirmation prescribed by +section Thirty-four of the Constitution. And not later than the +twentieth day of July, nineteen hundred and two, the Governor and +all other executive officers of the State, whose offices are at +the seat of government, and all judges of courts of record, shall +severally take and subscribe such oath or affirmation; and upon +the failure of any such officer, executive or judicial, to take +such oath by the day named, his office shall thereby become +vacant. Such oaths or affirmations shall be taken and subscribed +before any person authorized by existing laws to administer an +oath. The Secretary of the Commonwealth shall cause to be printed +the necessary blanks for carrying into effect this provision, and +the said oaths and affirmations so taken and subscribed, except of +the members and officers of the General Assembly, shall be +returned to and filed in his office; and those taken by the +members and officers of the General Assembly shall be preserved in +the records of the respective houses. + +SEC. 23. The official copy of the Constitution and Schedule, and +of any ordinance adopted by the Convention, shall, as soon as they +shall be enrolled, be signed by the President and attested by the +Secretary of the Convention, and the President will thereupon +cause the same to be delivered to the Secretary of the +Commonwealth, who will file and preserve the same securely, among +the archives of the State in his custody. + +The Secretary of the Commonwealth will cause the Constitution, +Schedule, and said ordinances to be transcribed in a book to be +provided for the purpose and safely kept in his office. + +The Secretary of the Convention will immediately upon the adoption +of this Schedule, deliver a certified copy of the Constitution and +Schedule, and of said ordinances, to the Governor of the +Commonwealth. + +SEC. 24. The Governor is authorized and directed to immediately +issue his proclamation announcing that this revised and amended +Constitution has been ordained by the people of Virginia, +assembled in Convention, through their representatives, as the +Constitution for the government of the people of the State, and +will go into effect as such, subject to the provisions of the +Schedule annexed thereto, on the tenth of July, nineteen hundred +and two, at noon, and calling upon all the people of Virginia to +render their true and loyal support to the same, as the organic +law of the Commonwealth. + +SEC. 25. This Constitution shall, except as is otherwise provided +in the Schedule, go into effect on the tenth day of July, nineteen +hundred and two, at noon. + +This Schedule shall take effect from its passage. + + + + + +THE POPULATION OF VIRGINIA AT VARIOUS DATES. + + +YEAR. POPULATION. AUTHORITY. + +1616 350 Cooke's Virginia. +1622 4,000 Cooke's Virginia. +1648 15,300, of which 300 were slaves Cooke's Virginia. +1670 40,000, of which 2,000 were slaves Cooke's Virginia. +1700 70,000, white and colored Cooke's Virginia. +1715 90,000, of which 23,000 were slaves Fiske's Old Virginia. +1756 293,000, of which 120,000 were slaves Cooke's Virginia. +1790 746,610, white and colored United States Census. +1800 880,200, white and colored United States Census. +1810 974,600, white and colored United States Census. +1820 1,065,116, white and colored United States Census. +1830 1,211,405, white and colored United States Census. +1840 1,239,797, white and colored United States Census. +1850 1,421,661, of which 526,861 were colored United States Census. +1860 1,596,318, of which 548,947 were colored United States Census. +1870 1,225,163, of which 512,841 were colored United States Census. +1880 1,512,565, of which 631,616 were colored United States Census. +1890 1,655,980, of which 635,438 were colored United States Census. +1900 1,854,980, white and colored United States Census. + + + + +*** END OF THE PROJECT GUTENBERG EBOOK, CIVIL GOVERNMENT OF VIRGINIA *** + +This file should be named 4762.txt or 4762.zip + +Project Gutenberg eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the US +unless a copyright notice is included. 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