Civil Government of Virginia eBook

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This eBook from the Gutenberg Project consists of approximately 227 pages of information about Civil Government of Virginia.

Civil Government of Virginia eBook

xc
This eBook from the Gutenberg Project consists of approximately 227 pages of information about Civil Government of Virginia.

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.

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Project Gutenberg
Civil Government of Virginia from Project Gutenberg. Public domain.