How Justice Grew: Virginia Counties, An Abstract of Their Formation — John Shaqi
How Justice Grew: Virginia Counties, An Abstract of Their FormationHiden, Martha W. (Martha Woodroof)
History
How Justice Grew: Virginia Counties, An Abstract of Their Formation
Hiden, Martha W. (Martha Woodroof)
Counties -- Virginia -- History; Virginia -- History; Virginia -- History, Local
The third recourse for justice was to the monthly court, developed
according to Stith, from the inferior court established in 1621. The
Governor named the first justices of a new county, renamed justices in
the old counties and filled every vacancy as it occurred. By Act of
Assembly in 1628/29, the number of justices was to be eight, but later
it was increased to ten. Four constituted a quorum. Three other members
of the bench associated with one member of the quorum, who had a
different status from the other justices, formed a sufficient number to
make a valid court. The person whose name appeared at the head of the
list of those constituting the quorum probably served as presiding
justice; in his absence, the one named second and so on down the list.
No pay was provided for the justices.
In 1642, the Assembly ordered that at least six monthly courts be held
every year and the justices were empowered to determine when extra
sessions were necessary. At the same time, another Act of Assembly
provided that Henrico should hold court on the first day of every month;
Charles City on the third; James City on the sixth; Isle of Wight on the
ninth; Upper Norfolk (later Nansemond) on the twelfth; Elizabeth City on
the eighteenth; Warwick on the twenty-first; York on the twenty-fourth;
and Northampton, (formerly Accomack) on the twenty-eighth. The careful
spacing between these courts enabled attorneys to appear in cases in
different counties with no conflict of dates.
The range of cases that could come before a monthly court was naturally
wider than could come before a magistrate. As much as ten pounds
sterling could be involved in a suit and there was no appeal from the
decision; when larger amounts were involved, the defeated litigant could
appeal to the General Court. All questions where injury to life or limb
was at stake went before the General Court.
The monthly county courts had, in a general way, a jurisdiction
resembling the combined jurisdiction of the English Chancery Court,
King's Bench, Common Pleas, Court Exchequer, Admiralty and
Ecclesiastical. The justices of the monthly courts looked after the poor
and afflicted, held special orphan courts at least once a year, granted
probates of wills, passed on appraisements of estates as presented to
them for inspection, on inventories and estate accounts which also were
presented for their scrutiny, and recorded conveyances of land.
Public-domain text, read in full here on John Shaqi.
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