The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-10-13

NOVEL PRocEEpISu-THE People OF
HESRrco AGAINST THE MAGrsrRAcr-JrDoE
MEREDITH GRANTS A SUPERsEDEAs TO SUa-
PEND rHE CoUNrY LEvY.-Messrs. John A.
Hutchison, General William II. Richard
son, James n. Poindexter, Richard W.
McGruder, Richard Cauthorn, Jacob 8.
Atlee, and sixty!fbur other taxpayers Of
Henrico county, have petitioned Judge
John A. Meredith for a supersedeas to the
levy made by the County Court Of Henrico
on the 9th Of September on the grounds
lst. Because it was not made at May or
June terms, "or as soon thereafter as may
be-" as the law requires. I'd. Because laid
upon certain subjects mentioned In the
fifth section Of chapter fifty-three Of the
Code, when the court was not summoned
at one term to meet at the next term and
consider the expediency thereof as, re-
quired by that section. 3D.. Because made.
for expenses not at this time lawfully
chargeable upon the county. And the
petitioners mention $500 allowed to the
sheriff for room rent and er oticio services,
and allowances to the Commonwealth's at
torney and clerk as unlawful. 4th.
The levy complained Of is unlawful mainly
in this: the sole authority Of the County
Court to levy taxes is derived from legisla-
tive enactments limiting and restricting
that power to certain specific objects, and
requiring that all appropriations for such
specific objects contemplated by law should
be distinctly and infinitely set forth in the
order laying the levy, as a necessary and
essential part of the levy itself, showing
the right of the court to make the levy
for the objects contemplated by law, which
must be in conformity with the limitations
and restrictions imposed, and not other
wise. All of these points are argued At
some length by the petitioners, and they
claim to show, among other things, that
the levy made will provide q surplus of
$l5, 900 in the county treasury, (which is
greater by one-half than all the expendi-
lures and charges specified in the order of
levy as the necessary and asccrtaincd en-
penses of the county," They insist that
+" this is a us,lrpation of power, and that in
principle the County Court has no more
right to create surplus in its treasury of
$l5 1000 than it has to create one of
800, 900, and that if there be no
power to restrain the County Court
from the exercise of such usurped
power, then tile rights and property of the
people will be entirely at the mercy of the
County Court" They declare that the his
tory of this county, since its formation,
shows no such instance of the reckless ex-
ercise of the power Of taxation on the part
of the County Court as the present. The
levy to the extent of the surplus of $751;
600 is unlawful and oppressive and they
say that for this reason alone, if for no
other, the levy should be superseded and
reversed, and the County Court required
to lay levy according to law. .rr..| "
Upon consideration of the petition, Judge
Meredith granted supersedeas, and the
questions involved will be tried before
Judge Christian at the next term of the
Circuit Court of Henrico, which COM
mences on the 25th instant.
The following is an official copy of the
levy: .. -. 49,"
monthly court, continued by adjourn.
meut and held for Henrico county At the
court. house on Thursday the 9Th day OF Sep
tember, 1866 H
Present-George d. Peasants. presiding
jus tice; G. w. Petherbridge, John Nettles,
William +. Farrar, George w. Thomas, VIII
liam Herdrick, ). G.. Waldrop, William ID.
Ycatman. r. II. Henley, James J.. Marsh,
William f. Wade, Jackson +. Childrey, John
w. Lee, DIR. John +. Friend, gentlemen JUS
tices,-
The court this day proceeded to lay the levy
for the county Of IIenrico for the present year
QS66l rs follows, TO wit: 8.
To p. II. Huffman, sheriff OF Hen
rico county, for ex-oiftcio services
and his annual allowance rs jailor
for wear, to wit, from the first day
of July, 1856, to the first day OF
July 1867. including room rent....S 800 90
To Clerk OF this Court for services TO
the public of this county from first
of July 1866, to first Of July, 1887, 200 90
To John Is. Young, Attorney for the
Commonwealth, his annual allow
ance from first of July, 1866, to
first of July, 1867. 500 %
To the city of Richmond for water
furnished the Jail Of this county. "a W
county .M for the support Of the poor. 5000 90
To f.. y. Townsend, his account
against the county observation-disclosures. " 10
To M. G. Eggleston, his account
against the county for services as
special police. ....................... 10 W
ToS. ID. Letellier, his account against
the county for services Us special
police. ........... .....'.' ..'.'..,,.... =" '"
To deposltum on present levy, which
includes n sum out Of which jurors,
justices, and other necessary eS- ..tar r
tained precisely, are to be paid. 1882 IS
,...... T.. 81, ,499 IS
i.. .r. . =====