Country
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
6 1.
In its primary meaning, signifies place; in a larger sense, the territory or dominions occupied by a community, or even waste and unpeopled sections or regions of the earth; but its metaphorical meaning (which is no less definite and well understood) in common parlance, in historical and geographical writings, in diplomacy, legislation, treaties, and international codes, denotes the population, the nation, the state, the government, having possession and dominion over the country."
See Place, 1.
As used in the revenue laws, embraces all the possessions of a foreign state, however widely separated.
1 Act 16 May, 1884: 23 St. L. 22. ' United States v. Arjona, 120 U. S. 479 (1887), Waite, Chief Justice.
1 [Burrill's Law Diet. 2B1. Com. 296. See Smith, Eq. 212, 181; 101 U. S. 22. " F. contree: L. contra, opposite: that which lies opposite to a city. which are subject to the same supreme executive and legislative control.' See Indian, Country. 3. The inhabitants of a district from which a jury is to be summoned; a jury. Trial by jury is also called trial per pais, or per patrian, by the country.' By the policy of the ancient law the jury was to come de vicineto, from the neighborhood of tiie place where the cause of action was laid, For, living in the neighborhood, they were properly the very country, or pais, to which both parties had appealed, and were supposed to know beforehand the characters of the parties and their witnesses. But this convenience being overbalanced by the fact that jurors coming from the immediate neighborhood naturally intermixed their prejudices and partialities in the trial, the early practice became so far relinquished that the jury now comes from the body of Uie county at large, and not de vicineto, from the particular neighborhood.' See Vende. Conclude to the country. To tender an issue of fact for trial by a jury. God and my country. The answer, at common law, of a prisoner arraigned for trial. See Arraign. Put upon the country. To submit a matter in dispute to a jury. The full expression, on the part of the plaintiff, is, " And this the said A prays may be inquired of by the country; " on the part of the defendant, " And of this the said B puts himself upon the country." * Compare Pais; Patbia. COUlfTY. Originally, a province governed by a count, — the earl or alderman to whom the government of the shire was intrusted.'' A civil division of the territory of England.* The terms " the county " and the " people of the county" may be convertible; so, too, "the county" and the " commissioners of the county." The city of St. Louis, under the constitution of Missouri of 1875, though not a county as that word is ordinarily used in the constitution, is in a qualified sense a county, being a " legal subdivision of the State " which bears county relations to the State, and having many important attributes of a county. A county is not a corporation, but a mere political organization of a certain portion of the territory ' Stairs V. Peaslee, 18 How. 526 (1856), Taney, C. J. See Campbe Ui).
Barney, 5 Blatch. 821 (1864). 2 3B1. Com. 349; 4 id. 348. > 8 Bl. Com. 359-60. 3B1.
Com. 313. [1 Bl. Com. 116; Eastman v. Clackamas Co., 32 F. E. 29 (1887). 1B1. Com. 113. ' County Court v. Sievert, 68 Mo. 201 (1874); Carder v. within the State, particularly defined by geographical limits, for the more convenient administration of the laws and police power of the State, and for the convenience of the inhabitants.' Such organization Is invested with certain powers, delegated by the State, for the purpose of civil administration; and for the same purpose is clothed with many characteristics of a body corporate. It is a quasi corporation, for in many respects it is like a corporation. But the power to sue and be sued is expressly conferred by statute.' In the Revised Statutes, or in any act or resolution of Congress, the word county shall include a " parish " or any other equivalent subdivision of a State or Territory.* "Establishing" a county is setting apart certain territory to be in the future organized as a political community, or quasi corporation for political pm-poses; " organizing " a county is vesting in the people of the territory such corporate rights and powers.' County corporate. A city or town, with more or less territory annexed, to which, out of special favor, the king has granted the privilege to be a county of itself, and not to be comprised within another county. Similar to this are the counties of Philadelphia, New Tork, and Boston.* Foreign county.. Another county than the one in which a matter arises or is drawn in question. Body of a county. 1. The territorial limits of a county. See Body, 3. 2. The people of a county collectively considered. See Venue. County bridge. See Bridge. County court. 1. A name for a class of courts having civil jurisdiction in controversies of medium grade, varied powers in the charge, and care of persons and estates within legal guardianship, a limited criminal jurisdiction, appellate jurisdiction over justices of the peace, and numerous powers and duties in the administration of county affairs.8 2. In England, a court of great antiquity. ' Hunter v. Commissioners, 10 Ohio St. 520 Harris v. Supen-isors, 105 111. 451 (1883); Washer v. Bullitt County, 110 U. S. 564 (1884); Faulkner v. Hyman, 142 Mass. 54 (1886); Vincent v. Lincoln Co., 30 F. E. 749-53 (1887), cases; 33 Ark. 497; 14 Fla. 321; 2 Kan. 128; 60 Md. 245; 8 Minn. 504; 10 Nev. 652; 7 Ohio St. 109; 10 F. E. 645. As to suits by and against coimties, see 19 Cent. Law J. 185-88 (1884), cases. Act 13 July, 1866: E. S. §§ 1-2. > State V. Parker, 25 Minn. 219 (1878); 23 id. 40. * [1 Bl. Com. 120. incident to the jurisdiction of the sheriflF. It seems to have had cognizance of purely personal actions and of some real actions; but it was not a court of record, i Since 1846, a tribunal, established under 9 and 10 Vict. c. 95, in upward of five hundred districts, none within the city of London; and at present invested with a common-law jmisdiction over demands not exceeding £50, an equity jurisdiction where the amount involved does not exceed £500, together with certain jurisdiction in probate, admiralty, and bankruptcy." County oificer. One by whom a couiity performs its usual political functions, — its functions of government; who exercises "continuously, and as a part of the regular and permanent administration of government, its public powers, trusts, or duties." ' He may be the auditor, commissioner, supervisor, treasurer, or other functionary of the county. Local statutes usually designate who shall be considered county oi Hcers, and prescribe their duties.
County purpose
May include only the ordinary purposes, as the ordinary expenses, of a county.
4 County seat.
See Permanent. Po'wer of the county. The male inhabitants of a county, over fifteen years of age, whom the sheriff may command to aid him in preserving the peace, executing process, arresting felons, etc.; the posse comitatus.'"
See Sheriff; Coroner; Warrant, 2.