The times. [volume] (Richmond, Va.) 1890-1903, 1896-04-04
rREY MIR No LEGAI BIGHr.

May he Lujoined.
Just az present there s. some doubt
ar the Henrlco Board OF Supervisors will
40 ahead and build q new court house
Nlr. S. S. y. Patteson has examined the
acts bearing upon this subject at the
request of SIR. D. ID. Hissel, and he
has concluded that the board has no
legal right to huid a new court-house,
and he says the board may De cniolncd.
His letter to Air. Eisscu upon this SUBJ
jcet is ass follows:
March &c, 1856.
b. IT. Eisscil. Esq;
Dear Sir-Thc Board Of Supervisors Of
"a county have the right TO levy poll
tax upon all persons over twenty-one
years of age. "auI for certain per cent.
upon she amount of the State tax ana
they may tax railroad companies anu
telephone aud telegraph lines which
pass through their respective counties
except those exempt from taxation, upon
the assessment furnished by The Auditor
Of Public Accounts Code of Virginia,
subdivision o OF section S'3.
1857 the fourth subdivision Of section
Ss4. 81 there are no public buildings. they
are given power to provide temporarily
suitable buildings for county purposes.
ny section 90 they are required TO pro
vide Ca courthouse, clerks Office, ana
ial.' which shall Doe chargeable 10 the
county. and that statute expressly pro
yides that "the fee simple Of The lana
shall Doe boz tho county"
The Acts ls93-9i, page &C., authorize
the supervisors, whenever 10 shall be
necessary for county to erect court
house. clerks office. or jail. or 10 repair
or enlarge the same. 30 shall Doe lawful
Tor the Board of Supervisors of such
county TO contract "a loan for said pur-
pose. on the credit of The county; pro
Idtl that the power shall not exist
and the loan shall not Doe contracted for
unless and until the action of the Board
az Supervisors shall be certified 10 tho
county Judge. and tlc said action be
approved by the said judge and by tho
iudgo Of the Circuit Court of said coun-
ty"
Subdivision I or section S3l gives such
boards power 10 sell or exchange ono
convey thc corporate property OF me
county and to purchase any such Ieai
estate ass may be necessary for the cree
ton OF all necessary county buliuinsa
and 90 make an necessary orders con-
corning tho corporate properly Oh '"'
county
Tho following cases have been decided
by our Supreme Court-viz.:
Board OF Supervisors Of Culpeper
against G0rrcll and others. % Graft,
4s4 decided March. 1871.
Tho Board of Supervisors or a county
have authority 10 provide land for build-
ing q courthouse by purchase or pro-
ceedmg 90 have ~ condemned I'm The
mode prescribed by the statute. and they
have authority 90 sell the lands belonging
10 the county on which the courthouse
and other public buildings stand. II
BIS for the board 10 determine what land
they win procure for the public buildings
and whether their discretion is wisely or
unwisely exercised cannot be inquired
info tho proceeding Instituted 10 con-
denim tho land Supervisors Of Bedford
against WinFheld 0udgol. - Graft. 320,
decided March. 1876. decides that the
judge OF the Circuit Court has the au-
thority 10 control the Courthouse. 20 the
extent at least OF preventing any in
reference with the discharge 90 the pub
lie business
Section 81 provides how title 10 land
shall be examined AID approved before
purchase Is made.
l have not examined tho title 10 the
land on which the county courthouse
OF Henrico IL built. but am Informed that
81 Is not a fee simple title IL was given
90 the county cn condition thai the court
house and necessary public buildings
be. erected upon II, and the land returns