Civil Government of Virginia eBook

xc
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.

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.

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