VIRGINI

1 definition found

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  VIRGINIA. The name of one of the original states of the United States of 
  America. This colony was chartered in 1606, by James the First, and this 
  charter was afterwards altered in 1609 and 1612; and in 1624 the charter was 
  declared to be forfeited under proceedings under a writ of quo warranto. 
  After the fall of the charter, Virginia continued to be a royal province 
  until the period of the American Revolution. 


       2. A constitution, or rather bill of rights, was adopted by a 
  convention of the representatives of the good people of Virginia, on the 
  12th day of June, 1776. An amended constitution or form of government for 
  Virginia was adopted January 14, 1830, which has been superseded by the 
  present constitution, which was adopted August 1, 1851. 
       3. The legislative, executive, and judiciary departments, shall be 
  separate and distinct, so that neither exercise the powers properly 
  belonging to either of the others; nor shall any person exercise the powers 
  of more than one of them at the same time, except that justices of the peace 
  shall be eligible to either house of assembly. Art 2. 
       4.-Sec. 1. The legislature is composed of two branches, the house of 
  delegates and the senate, which together are called the general assembly of 
  Virginia. 
       5.-1. The house of delegates will be considered with reference, 1. To 
  the qualifications of the electors. 2. The qualifications of members. 3. The 
  number of members. 4. Time of their election. 
       6.-1st. Every white male citizen of the commonwealth, of the age of 
  twenty-one years, who has been a resident of the state for two years, and of 
  the county, city, or town where he offers to vote for twelve months next 
  preceding an election, and no other person, shall be qualified to vote for 
  members of the general assembly, and all officers elective by the people: 
  but no person in the military, naval, or marine service of the United States 
  shall be deemed a resident of this state, by reason of being stationed 
  therein. And no person shall have the right to vote, who is of unsound mind, 
  or a pauper, or a non-commissioned officer, soldier, seaman, or marine in 
  the service of the United States, or who has been convicted of bribery in an 
  election, or of any infamous offence. 
       7.-2. The general assembly at its first session after the; adoption of 
  this constitution, and afterwards as occasion may require, shall cause every 
  city or town, the white population of which exceeds five thousand, to be 
  laid off into convenient wards, and a separate place of voting to be 
  established in each, and thereafter no inhabitant of such city or town shall 
  be allowed to vote except in the ward in which be resides. 
       8.-3. No voter, during the time for holding any election at which he is 
  entitled to vote, shall be compelled to perform military service, except in 
  time of war or public danger; to work upon the public roads, or to attend 
  any court as suitor, juror or witness; and no voter shall be subject to 
  arrest under any civil process during his attendance at elections, or in 
  going to and returning from them. 
       9.-4. In all elections votes shall be given openly, or viva voce, and 
  not by ballot. But dumb persons, entitled to suffrage, may vote by ballot. 
  Art. 3. 
       10.-2d. Any person may be elected a delegate who shall have attained 
  the age of twenty-one years, and shall be actually a resident within the 
  city, county, town, or election district, qualified by this constitution to 
  vote for members of the general assembly: but no person holding a lucrative 
  office, no minister of the gospel, or priest of any religious denomination, 
  no salaried officer of any banking corporation or company, and no attorney 
  for the commonwealth shall be capable of being elected a member of either 
  house of assembly. The removal of any person elected to neither branch of 
  the general assembly, from the county, city, town, or district for which he 
  was elected, shall vacate his office. Art. 4, s. 5, Sec. 7. 
       11.-3d. The house of delegates is to consist of one hundred and fifty-
  two members. Art. 4, Sec. 2. 
       12.-4th. The members of the general assembly are to be chosen 
  biennially. Art. 4, Sec. 2. 
       13.-2. The senate will be considered in the same order that the house 
  of delegates has been. 1. The qualifications of electors are the same as for 
  electors of delegates. 2. Any person may be elected a senator who has 
  attained the age of twenty-five years, and shall be actually a resident 
  within the district, and qualified to vote for members of the general 
  assembly. The other qualifications are the, same as those for delegates. 
  Art. 4, s. 5, Sec. 7. 3. The number of senators is fifty. Art. 4, Sec. 3. 
       4. Senators are to be elected for the term of four years. Upon the 
  assembling of the senators so elected, they shall be divided into two equal 
  classes to be numbered by lot. The term of service of the senators of the 
  first class shall expire with that of the delegates first elected under this 
  constitution; and of the senators of the second class, at the expiration of 
  two years thereafter; and this alternation shall, be continued, so that one-
  half of the senators may be chosen every second year. Art. 4, Sec. 3. 
       14.-1. The chief executive power of this commonwealth shall be vested 
  in a governor. He shall hold the office for the term of four years, to 
  commence on the ____ day of _______ next succeeding his election, and be 
  ineligible to the same office for the term next succeeding that for which he 
  was elected, and to any other office during his term of service. 
       15.-2. The governor shall be elected by the voters at the times and 
  places of choosing members of the general assembly. Returns of the election 
  shall be transmitted under seal by the proper officers to the secretary of 
  the commonwealth, who shall deliver them to the speaker of the house of 
  delegates, on the first day of the next session of the general assembly. The 
  speaker of the house of delegates shall within one week thereafter, in the 
  presence of a majority of the senate and house of delegates, open the said 
  returns, and the votes shall then be counted. The person having the highest 
  number of votes shall be declared elected; but if two or more shall have the 
  highest and an equal number, of votes, one of them shall be chosen governor 
  by the joint vote of the two houses of the general assembly. Contested 
  elections for governor shall be decided by a like vote, and the mode of 
  proceeding in such cases shall be prescribed by law. 
       16.-3. No person shall be eligible to the office of governor unless he 
  has attained the age of thirty years, is a native citizen of the United 
  States, and has been a citizen of Virginia, for five years next preceding 
  his election. 
       17.-4. The governor shall reside at the seat of government; shall 
  receive five thousand dollars for each year of his service, and, while in 
  office, shall receive no other emolument from this or any other government. 
       18.-5. He shall take care that the laws be faithfully executed; 
  communicate to the general assembly at every session the condition of the 
  commonwealth; recommend to their consideration such measures as he may deem 
  expedient; and convene the general assembly on application of a majority of 
  the members of both houses thereof, or when in his opinion the interest of 
  the commonwealth may require it. He shall be commander-in-chief of the land 
  and naval forces of the state; have power to embody the militia to repel 
  invasion, suppress insurrection and enforce the execution of the laws; 
  conduct, either in person or in such other manner as shall be prescribed by 
  law, all intercourse with other and foreign states; and, during the recess 
  of the general assembly, fill pro tempore all vacancies in those offices for 
  which the constitution and laws make no provision but his appointments to 
  such vacancies shall be by commissions to expire at the end of thirty days 
  after the commencement of the next session of the general assembly. He shall 
  have power to remit fines and penalties in such cases and under such rules 
  and regulations as may be prescribed by law; and, except when the 
  prosecution has been carried on by the house of delegates or the law shall 
  otherwise particularly direct, to grant reprieves and pardons after 
  conviction, and to commute capital punishment. But be shall communicate to 
  the general assembly at each session, the particulars of every case of fine 
  or penalty remitted, of reprieve or pardon granted and of punishment 
  commuted, with his reasons for remitting, granting or commuting the same. 
       19.-6. He may require information in writing from the officers in the 
  executive department upon any subject relating to the duties of their 
  respective offices; and may also require the opinion in writing of the 
  attorney-general upon any question of law connected with his official 
  duties. 
       20.-7. Commissions and grants shall run in the name of the commonwealth 
  of Virginia, and be attested by the governor with the seal of the 
  commonwealth annexed. 
       21.-8. A lieutenant governor shall be elected at the same time, and for 
  the same term, as the governor: and his qualification and the manner of his 
  election in all respects shall be the same. 
       22.-9. In case of the removal of the governor from office, or of his 
  death, failure to qualify, resignation, removal from the state, or inability 
  to discharge the powers and duties of the office, the said office, with its 
  compensation, shall devolve upon the lieutenant governor; and the general 
  assembly shall provide by law for the discharge of the executive functions 
  in other necessary cases. 
       23.-10 The lieutenant governor shall be president of the senate, but 
  shall have no vote; and while. acting as such, shall receive a compensation 
  equal to that allowed to the speaker of the house of delegates. Art. 5, Sec. 
  1-10. 
       24.-Sec. 3. The judicial powers are regulated by the sixth article of 
  the constitution, as follows: 
       25.-1. There shall be a supreme court of appeals, district courts and 
  circuit courts. The jurisdiction of these tribunals, and of the judges 
  thereof, except so far as the same is conferred by this constitution, shall, 
  be regulated by law. 
       26.-2. The state shall be divided into twenty-one judicial circuits, 
  ten districts and five sections. 
       27.-3. The general assembly may, at the end of eight years after the 
  adoption of this constitution, and thereafter at intervals of eight years, 
  rearrange the said circuits, districts and sections, and place any number of 
  circuits in a district, and of districts in a section; but each circuit 
  shall be altogether in one district, and each district in one section; and 
  there shall not be less than two districts and four circuits in a section, 
  and the number of sections shall not be increased or diminished. 
       28.-6 For each circuit, a judge shall be elected by the voters thereof, 
  who shall hold his office for the term of eight years, unless sooner removed 
  in the manner prescribed by this constitution. He shall at the time of his 
  election be at least thirty years of age, and during his continuance in 
  office, shall reside in the circuit of which he is judge. 
       29.-7. A circuit court shall be held at least twice a year by the judge 
  of each circuit, in every county and corporation thereof, wherein a circuit 
  court is now or may hereafter be established. But the judges in the same 
  district may be required or authorized to hold the courts of their 
  respective circuits alternately, and a judge of one circuit to hold a court 
  in any other circuit. 
       30.-8. A district court shall be held, at least once a year in every 
  district, by the judges of the circuits constituting the section and the 
  judges of the supreme court of appeals for the section of which the district 
  forms a part, any three of whom may hold a court; but no judge shall sit or 
  decide upon any appeal taken from his own decision. The judge of the supreme 
  court of appeals of one section, may sit in the district courts of another 
  section, when required or authorized by law to do so. 
       31.-9. The district courts shall not have original jurisdiction, except 
  in cases of habeas corpus, mandamus and prohibition. 
       32.-10. For each section, a judge shall be elected by the voters 
  thereof, who shall hold his office for the term of twelve years, unless 
  sooner removed in the manner prescribed by this constitution. He shall at 
  the time of his election be at least thirty-five years of age, and during 
  his continuance in office, reside in the section for which he is elected. 
       33.-11. The supreme court of appeals shall consist of the five judges 
  so elected, any three of whom may hold a court. It shall have appellate 
  jurisdiction only, except in cases of, habeas corpus, mandamus and 
  prohibition. It shall not have jurisdiction in civil causes where the matter 
  in controversy, exclusive of costs, is less, in value or amount than five 
  hundred dollars, except in controversies concerning the title or boundaries 
  of land, the; probate of a will, the appointment or qualification of a 
  personal representative, guardian, committee or curator; or concerning a 
  mill, road, way, ferry or landing, or the right of a corporation, or of a 
  county to levy tolls or taxes; and except in cases of habeas corpus, 
  mandamus and prohibition, and cases involving freedom, or the 
  constitutionality of a law. 
       34.-12. Special courts of appeals, to consist of not less than three 
  nor more than five judges, may be formed of the judges of the supreme court 
  of appeals, and of the circuit courts, or any of them, to try any cases 
  remaining on the dockets of the present court of appeals when the judges 
  thereof cease to hold their offices; or to try any cases which may be on the 
  dockets of the supreme court of appeals established by this constitution, in 
  respect to which a majority of the judges of said court may be so situated 
  as to make it improper for them to sit on the bearing thereof. 
       35.-13 When a judgment or decree is reversed or affirmed by the supreme 
  court of appeals, the reasons therefor shall be stated in writing, and 
  preserved with the record of the case. 
       36.-14. Judges shall be commissioned by the governor, and shall receive 
  fixed and adequate salaries which shall not be diminished during their 
  continuance in office. The salary of a judge of the supreme court of appeals 
  shall not be less than three thousand dollars and that of a judge of a 
  circuit court not less than two thousand dollars per annum, except that of 
  the judge of the fifth circuit, which shall not be less than fifteen hundred 
  dollars per annum; and each shall receive a reasonable allowance for 
  necessary travel. 
       37.-15. No judge during his term of service shall hold any other 
  office, appointment or public trust, and the acceptance thereof shall vacate 
  his judicial office; nor shall he during such term, of within one year 
  thereafter, be eligible to any political office. 
       38.-16. No election of judge shall be held within thirty days of the 
  time of holding any election of electors of president and vice-president of 
  the United States, of members of congress or of the general assembly. 
       39.-17. Judges may be removed from office by a concurrent vote of both 
  houses of the general assembly, but a majority of all the members elected to 
  each house must concur in such vote; and the cause of removal shall be 
  entered. on the journal of each house. The judge, against whom the general 
  assembly may be about to proceed, shall receive notice thereof, accompanied 
  by a copy of the causes alleged for his removal, at least twenty days before 
  the day on which either house of the general assembly shall act thereupon. 
       40.-22. At every election of a governor, an attorney-general shall be 
  elected by the voters of the commonwealth, for the term of four years. He 
  shall be commissioned by the governor, shall perform such duties and receive 
  such compensation as may be prescribed by law, and be removable in the 
  manner prescribed for the removal of judges. 
       41.-23. Judges and all other officers, whether elected or appointed, 
  shall continue to discharge the duties of their respective offices after 
  their terms of service, have expired, until their successors are qualified. 
       42.-24. Writs shall run in the name of the commonwealth of Virginia and 
  be attested by the clerks of the several courts. Indictments shall conclude, 
  against the peace and dignity of the commonwealth. 
       43.-25. There shall be in each county of the commonwealth, a county 
  court, which shall be held monthly, by not less than three, nor more than, 
  five justices, except when the law shall require the presence of a greater 
  number. 
       44.-26. The jurisdiction of the said court shall be the same as that of 
  the existing county courts, except so far as it is modified by this 
  constitution or may be changed by law. 
       45.-27. Each county shall be laid off into districts, as nearly equal 
  as may be in territory and population. In each district there shall be 
  elected by the voters thereof, four justices of the peace, who shall be 
  commissioned by the governor, reside in their respective districts, and hold 
  their office for the term of four years. The justices so elected shall 
  choose one of their own body, who shall be the presiding justice of the 
  county court, and whose duty it shall be to attend each term of said court. 
  The other justices shall be classified by law for the performance of their 
  duties in court. 
       46.-28. The justices shall receive for their services in court, a per 
  diem compensation, to be ascertained by law, and paid out of the country 
  treasury; and shall not receive any fee or emolument for other judicial 
  services.