Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-12-20
Fairfax County Court.

1Reported for the Alexandria Guzatle.
FAIRFAX q. H., Dec 16.-The December
term of the County Court for this county ad-
jourucd to-day. furnish the following, being a
summary OF its proceedings
Tycnty.six eds and other writings were
certified for RI j sluce lhe last term
Commonwealth vs.. John Ridgway; upon an
indictment FIR assault and battery; plea not
guilty; iury returned verdict of guilty and
assessed the foe at one dollar and the Court
not being advised what Judgment to give, takes
time to consider.
Cathariue Z. Taylor, administrators of John
H. Taylor, aud guardian Of Alice Taylor, was
| ruled to give Dew bonds.
! The order entered last Court granting an or
binary license to Nancy Slack, was, on her mo-
ton, revoked.
Commonwealth vs. Edward Dove; indict
ment for perjury; demurrer TO indictment sus-
tanned and dismissed.
r. l.. Gaylord, justice elect for Mt. Vernon
Township, having failed to qualify, y Y heroy
was appointed to fill the vacancy, who took the
several oaths provided by law.
j. NJ. Love, reelected Commemorative
Attorney at the recent election, qualified by
taking the usual oaths of Office
j. O. kerby' account against the Common
wealth, amounting to SIS, was allowed and Or
dered to he certified.
@. NJ. Thomas, constable for Falls Church
| Township, resigned his office.
A license was granted j. NJ Fairfax to sell
| liquors, NC, at his store.
| The last will and testament Of Robt. Draines
was proved by the subscribing witnesse. and ad
| United to record. The executor, j. r. Dame,
named 10 the will, was required, on mOtlDn OF
| Thomas Moore, attorney Tor the heirs, to give
bond 10 the SUN of $500, the will relieving
hun Of giving security. The bond was not ex-
ecuted.
r. F.. Broadwater, Sheriff elect, qualified
and gave bond 10 the sum OF $50 900.
Jno. T. woodward, having JAILED to execute
his bond in time was appointed by the Court
Collector for Lee Township, aud gave bond 10
the penalty of $4,000 aod took the several
oaths.
Administration on the estate of j. f. Fullin
was granted R. +. Fo!n.
administrator gu the estate OF Jos. Rogers
was granted to Mary R"gcrs
n Merry. an iutaut over the age OF fourteen
years selected Lucrelia C. Merry her guardian.
w. H. Pettett, jailor, account against the
Commonwealth amounting to sligo, was al
lowed and ordered to be certified.
Ga the motion of Lawrence Hurdle, the es
tate Of Curtis Burton was Committed to the
Sheriff
Commonwealth vs. Thomas Fields; on an in-
dictment for disfguring Isaac Hale's houses;
plea not guilty; jury returned verdict for de-
PENDANT and costs against prosecutor.
Commonwealth vs. John Ridgway; % an in.
dictment for assault aud battery. 1t is cou-
sidered by the Court that the Commonwealth
recover of the defendant the sum of one dollar,
the foe assessed by the jurors 10 this case yes
terday; (Monday;) also its costs bylt 10 this be-
half expended, and the Court doth order that
the said John Ridgway be forthwith appre-
hended by the Sheriff Of this county and COM
mitted to the Jail of this county for the period
of thirty days from the date of his iucarce-
ration.
Fairfax county VS.. G. T. Lee; upon an APP
peal from the order Of the Board of Supervi-
sors of Fairfax county, gi!yiog $500 tor SO
much of the Middle Turnpike road as is To-
Gated IN Fairfax county. This case was docketed
at the September Court, 1872 At the Novem
Der Court the case was argued by J. NJ Love,
Commonwealth Attorney for appellant, and
by Fl. W. Thomas, esq.,, for appellee, and the
papers taken by the Court. On Mooday the
Judge rendered his opinion as follows 1T ap-
ears that the Board of Supervisors, at their
meeting, on the - day of August. 1872,
agreed with the B ,ard of Directors of the Mid
die Turnpike Company to purchase the inter-
est of the private Stockholders 10 said Turn
pike at a stipulated price of $500. it being
alleged that tb" State had transferred its inter-
est TO the cou ;, prior thereto, aud that the
Board directed their clerk to draw an order upon
the Treasurer for said amount. The order was
drawn and the money paid. After this was
done the Commonwealth Attorney gave the
President of the Middle Turnpike Company no.
tice that he would appeal from the action of
said B ,ard to the County Court, deeming the
action Of the Board unjust and improper, and
notifying the President not to use or dispose of
the money if il had come to his hands, Sc, and
the question now before the Court is upon the
point made by the counsel representing the
Board of Supervisors, Does an appeal from
decision of the Board of Supervisors lie in this
case, and has not the Board of Supervisors full
authority. unless restrained by preceding
other than that adopted in this case BY the
acts passed July 18th, 1870, aud March 10,
1872, the powers and duties OF Supervisors are
defined. Their powers are general and COM
prehensve: LIST, to make such orders concern
ing the corporate property of the county as they
may deem expedleut; I'd, to examine, settle and
allow all accounts chargable against the county,
aud to have the care of the property of the
county, and the management Of the business
aud concerns of the county in all cases where
no other provision is made by law: and to per-
form all other acts and duties which may be
authorized aud required by law. Il will be seen
that under the new organization rendered I'M
pera,ivc by our present Constitution the most
important powers and duties 10 regard to the
public property Of the counties are devolved on
the Board OF Supervisors, and whilst this power
is, by the law, exclusive IN certain cases yet, II
by no means, fuows that it is absolute, and If
the Board shall undertake recklessly las | be-