Civil Government in the United States Considered with Some Reference to Its OriginsFiske, John
History
Civil Government in the United States Considered with Some Reference to Its Origins
Fiske, John
United States -- Politics and government
This county court usually met as often as once a month in some
convenient spot answering to the shire town of England or New England.
More often than not the place originally consisted of the court-house
and very little else, and was named accordingly from the name of the
county, as Hanover Court House or Fairfax Court House; and the small
shire towns that have grown up in such spots often retain these names
to the present day. Such names occur commonly in Virginia, West
Virginia, and South Carolina, very rarely in Kentucky, North Carolina,
Alabama, Ohio, and nowhere else in the United States.[9] Their number
has diminished from the tendency to omit the phrase "Court House,"
leaving the name of the county for that of the shire town, as for
example in Culpeper, Va. In New England the process of naming has been
just the reverse; as in Hartford County, Conn., or Worcester County,
Mass., which have taken their names from the shire towns. In this,
as in so many cases, whole chapters of history are wrapped up in
geographical names.[10]
[Footnote 9: In Mitchell's Atlas, 1883, the number of cases is in Va.
38, W. Va. 13, S. C. 16, N. C. 2, Ala. 1, Ky. 1, Ohio, 1.]
[Footnote 10: A few of the oldest Virginia counties, organized as
such in 1634, had arisen from the spreading and thinning of single
settlements originally intended to be cities and named accordingly.
Hence the curious names (at first sight unintelligible) of "James City
County," and "Charles City County."]
[Sidenote: Powers of the court]
The county court in Virginia had jurisdiction in criminal actions not
involving peril of life or limb, and in civil suits where the sum at
stake exceeded twenty-five shillings. Smaller suits could be tried
by a single justice. The court also had charge of the probate and
administration of wills. The court appointed its own clerk, who kept
the county records. It superintended the construction and repair of
bridges and highways, and for this purpose divided the county into
"precincts," and appointed annually for each precinct a highway
surveyor. The court also seems to have appointed constables, one for
each precinct. The justices could themselves act as coroners, but
annually two or more coroners for each parish were appointed by the
governor. As we have seen that the parish taxes--so much for salaries
of minister and clerk, so much for care of church buildings, so much
for relief of the poor, etc.--were computed and assessed by the
vestry; so the county taxes, for care of court-house and jail, roads
and bridges, coroner's fees, and allowances to the representatives
sent to the colonial legislature, were computed and assessed by the
county court. The general taxes for the colony were estimated by a
committee of the legislature, as well as the county's share of the
colony tax.
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