The Fairfax County CourthouseNetherton, Ross De Witt
History
The Fairfax County Courthouse
Netherton, Ross De Witt
Courthouses -- Virginia -- Fairfax County -- History; Law -- Virginia -- Fairfax County -- History
Appointments were for life, and lacked any provision for compensation.
Service on the court was, therefore, considered an honorable
obligation of those whose position and means permitted them to perform
it. That this was considered a serious and active responsibility was
indicated by the fact that justices could be fined for non-attendance
at court.[45] Through the colonial period and well after the War of
Independence the justices of the county court were appointed by the
governor, and, although episodes during this period indicated the
recurrence of friction between the governor and General Assembly over
the power to make these appointments, neither the local court nor the
Assembly was able to assert permanently its claim to participate in
the appointment process.[46] The number of justices of the county
court varied considerably in different counties and times. By law the
number was set at eight members; yet in 1769 Fairfax County had 17
justices, and appeared to be typical of other counties in the
region.[47]
Appointments to the county court in some instances seemed almost
hereditary, for when a justice of one of the prominent local families
died or retired to attend to other interests it frequently occurred
that his place was taken by a younger relative. Historian Charles
Sydnor has noted that during the twenty years prior to the War of
Independence three-fourths of the 1600 justices of the peace appointed
in Virginia came from three hundred to four hundred families.[48]
Directly or indirectly, the justices of the county court influenced
the selection of all other county officers. The clerk of the court was
elected outright, but others--including the sheriff, coroner,
inspectors and commissioners for special duties, and militia officers
below the rank of brigadier--were commissioned by the governor from
lists submitted by the justices.
The office of clerk of the county court presumably dates from the
origin of the court itself, for references to clerk's fees are found
in the law as early as 1621,[49] and authority for appointment by the
governor is noted in 1642.[50] From the tables of fees authorized by
law, one may see that the clerk performed a wide range of functions
growing out of the work of the court. These included issuing orders
for all stages of court proceedings, taking depositions and
inventories, recording documents, and administering or probating
estates of all kinds. In addition, the county's records of births,
deaths and marriages were maintained from reports made to the clerk.
In time, some of the tasks of issuing certificates--such as marriage
licenses--which started as duties of the court were turned over to the
clerk to perform.[51]
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