County (derived from Fr. comté; Lat. comitatus) is now the recognised subdivision of the three kingdoms for judicial and local government purposes.
History.—The term 'county' corresponds with shire (Saxon, scir, from sciran, 'to divide'), a word which, however, it has now to a great extent superseded. It means a division of a kingdom immediately superior to the hundred, and its first use was in connection with the assignment of jurisdiction for judicial business. Some counties, such as Essex, Kent, Middlesex, Surrey, Sussex, were ancient Saxon kingdoms, but other counties or shires were formed by the subdivision of Mercia, Wessex, Northumbria, and the other Saxon kingdoms. The shire represented in its constitutional machinery either the national organisation of the several divisions created by West Saxon conquest, or that of the early settlements which united in the Mercian kingdom as it advanced westwards, or the rearrangement by the West Saxon dynasty of the whole of England on the principles already at work in its own shires. The division of England into shires, which was begun before the time of Alfred, was probably not completed till the Danes, Angles, and Saxons were united into one kingdom under Edgar. In the government of the shire there were two officers, the ealdorman and the scir-geréfa, or sheriff. The ealdorman (the princeps of Tacitus, the satrapa of Bede, the dux of the Latin chroniclers, and the comes of the Normans) was originally elected by the Witan, but in course of time the office tended to become hereditary, though in all cases down to the Norman Conquest the consent of the king and the Witan was necessary to each fresh nomination. The ealdorman shared with the sheriff and the bishop the administrative functions of the county in the shire-moot. The sheriff was the representative of the king alone, and was the chief judicial officer of the shire, on whom was imposed the duty of executing the law and acting as steward of the royal demesne. Each county or shire comprised a number of hundreds, and just in the same way as the hundreds had their moot, so each county or shire had its moot, which was attended by the representatives of the hundreds and townships, and by a representative body of witnesses to give validity to its proceedings. According to the laws of Edgar, the shire-moot was held twice a year. After the Conquest the shire-moot continued to be held in each county, but its independence was much interfered with by the exercise of the royal prerogative. Between the reigns of Henry I. and Henry III. these courts began to meet more frequently, and eventually as county courts, or sheriff's courts, met once a month, and continued to be held, though under varying conditions, until comparatively modern times.
Constitution.—The organisation of a county in England comprises the following officers: (1) A lord-lieutenant, who is the military representative of the crown, and whose duty it is to select persons for the commission of the peace; (2) a custos rotulorum (keeper of the records); (3) a sheriff; (4) a coroner; (5) justices of the peace, qualified by an estate in possession of £100 a year, or in reversion of £300 a year, or by two years' assessment to the inhabited house duty at £100. All the justices for a county hold the general and quarter sessions as prescribed by law. A single justice may act in petty sessions. (6) A clerk of the peace, who is appointed by the custos rotulorum, but may be removed by the justices; (7) a county treasurer; (8) a surveyor, and other minor officers. The duties that now belong to the county justices are mainly of an imperial character, and relate to the maintenance of the militia, to the local administration of the criminal law, and to the carrying out of certain matters connected with parliamentary representation, licensing, assessment, appeals, and so forth.
County Councils.—By the Local Government Act, 1888, all duties purely relating to matters of local government in England and Wales that were performed by the justices in quarter sessions were transferred to county councils which were newly established by the act. These councils are elected by the inhabitants of the county, who are enrolled as 'county electors' for the purpose. A county elector may be a man or woman, but must be of full age and not subject to any legal incapacity, and must not have been in receipt of parochial relief. Such a person must have been an occupier of some building or land in the county for a certain term, and must have paid all rates due and complied with certain conditions as to residence, &c. For the purposes of the establishment of county councils in England and Wales what are termed administrative counties are formed. Of these there are sixty, and the number of county councillors and county aldermen for each county council is as follows, the aldermen forming one-fourth of the total in each case, viz.: England—Bedford, 68; Berks, 68; Bucks, 68; Cambridge (exclusive of the Isle of Ely), 64; Cambridge (Isle of Ely Division), 56; Chester, 76; Cornwall, 88; Cumberland, 80; Derby, 80; Devon, 104; Dorset, 76; Durham, 96; Essex, 84; Gloucester, 80; Hereford, 68; Herts, 72; Hunts, 52; Kent, 96; Lancaster, 140; Leicesters, 72; Lincoln (Holland), 56; Lincoln (Kesteven), 64; Lincoln (Lindsey), 76; London, 137; Middlesex, 72; Monmouth, 64; Norfolk, 76; Northampton (exclusive of the Soke of Peterborough), 68; Northampton (Soke of Peterborough), 40; Northumberland, 80; Notts, 68; Oxford, 76; Rutland, 28; Salop, 68; Somerset,
88; Sonthampton, 100; Stafford, 100; Suffolk (Eastern Division), 76; Suffolk (Western Division), 64; Surrey, 76; Sussex (Eastern Division), 68; Sussex (Western Division), 60; Warwick, 72; Westmoreland, 56; Wilts, 80; Worcester, 76; York (East Riding), 68; York (North Riding), 80; York (West Riding), 120. Wales—Anglesey, 56; Brecknock, 60; Cardigan, 64; Carmarthen, 68; Carnarvon, 64; Denbigh, 64; Flint, 56; Glamorgan, 88; Merioneth, 56; Montgomery, 56; Pembroke, 64; and Radnor, 32. These are distinct from the aldermen and councillors in boroughs, who take no part in county administration.
The powers and duties which are given to the county councils by the Local Government Act, 1888, relate to county finance, rating and assessment, county buildings, bridges, lunatic asylums, reformatory, registration and polling of parliamentary electors, contagious diseases (animals), the appointment of coroners, maintenance of highways, preventing the pollution of rivers, and numerous minor matters. The control of the police is vested in the courts of quarter sessions and the county councils jointly. As regards its finances, each county council is empowered to make and levy county and other rates, and it will also receive its share of the income derived from certain license duties collected by the imperial government, together with a proportion of the probate duty collected in the United Kingdom.
County Rate.—The county rate is made under an Act 15 and 16 Vict. chap. 81, and is assessed, not on individual properties, but on the various parishes, and a precept is issued to the guardians of each union requiring them to pay to the county treasurer the aggregate amount of the sums payable by the parishes in their union. It can be expended only for 'county purposes,' which the county council is required to provide funds for in the execution of its powers as above enumerated.
County Boroughs.—By the Local Government Act, certain boroughs are exempted from the jurisdiction of the county councils of the counties in which they are situated, and are enabled to retain their independence, subject to certain special regulations for the adjustment of their financial relations with the counties. These boroughs are called 'county boroughs,' and are such as either were counties in themselves before the passing of the Local Government Act, 1888, or on the 1st of June 1888 had a population of not less than 50,000. They are as follows: Barrow, Bath, Birkenhead, Birmingham, Blackburn, Bolton, Bootle-cum-Linacre, Bradford, Brighton, Bristol, Burnley, Bury, Canterbury, Cardiff, Chester, Coventry, Croydon, Derby, Devonport, Dudley, Exeter, Gateshead, Gloucester, Halifax, Hanley, Hastings, Huddersfield, Hull, Ipswich, Leeds, Leicester, Lincoln, Liverpool, Manchester, Middlesbrough, Newcastle-upon-Tyne, Northampton, Norwich, Nottingham, Oldham, Plymouth, Portsmouth, Preston, Reading, Rochdale, St Helens, Salford, Sheffield, Southampton, South Shields, Stockport, Sunderland, Swansea, Walsall, West Bromwich, West Ham, Wigan, Wolverhampton, Worcester, Yarmouth, and York.
County Courts are sixty tribunals which have been established in the different counties of England for the hearing of cases of a minor importance relating to civil matters only. They are now regulated by the County Courts Consolidation Act, 1888, and under that statute can exercise jurisdiction in questions of law and of equity. Since their establishment in 1846 their powers have been gradually enlarged, and the tendency is to transfer cases in which the matters in dispute are not great from the higher courts to these courts. The registrar has power to take all undefended and admitted cases by leave of the judge. In every action or suit of whatever nature where more than £5 is claimed, and in all other actions, by leave of judge, a jury may be demanded. The number of jurors to try a cause in county courts is five. There is a right of appeal in all cases where more than £20 is claimed, and by leave of judge in all other cases. The judge only may commit to prison in cases where he is satisfied the debtor has the means to pay the debt or instalment thereof. There is no other ground of imprisonment for debt in county courts. A debtor may be committed for any period not exceeding forty-two days, and can be imprisoned only once for the same default.
In Scotland the tendency of the constitution under the feudal system was towards English methods of administration, and this brought about, among other innovations, the division into counties or shires. Its introduction seems to have begun early in the 12th century, and to have proceeded northwards. The crown at an early period adopted the practice of appointing Sheriffs (q.v.) in Scotland, and local judges for each county, and the system of appointing justices of the peace was introduced by James VI. There are now thirty-three counties in Scotland. The county organisation comprises a sheriff-principal (see SHERIFF), sheriff-substitutes, and justices of the peace. A system of local government by county councils essentially similar to that of England was extended to Scotland in 1889; superseding commissioners of supply, road trustees, &c. See SCOTLAND.
In Ireland the division into counties was begun in the time of King John, and it was not completed till that of James I. There are now thirty-two counties, each of which is divided into baronies. The grand jury (see JURY) consists of twenty-three persons, and is appointed under the act of 1836. Till 1898 it was the principal county authority for purposes of local government; but the Irish Local Government Act relieved the jury of its administrative functions, which were conferred on county councils, elected triennially. The county councils took over also some of the functions of the Presentment Sessions and of the Boards of Guardians.
In the United States the county is a creation of the legislature of each state, and is not a thing of gradual growth, as in England. Each county is invested with certain corporate rights and powers to enable it to perform the duties required of it in the machinery of government, and its affairs are managed by a board of commissioners or supervisors, who can levy and collect taxes and hold real and personal property for the benefit of the inhabitants. In every county there is a sheriff, coroner, treasurer, recorder of deeds, and registrar of wills. All officers are elected by the people. New counties are created by the subdivision of the existing counties. County courts exist in each county, but their powers vary according to the state they are in, some having very extensive common-law and equity jurisdiction, while others can deal only with small suits, and are limited to chancery jurisdiction and matters affecting trust properties.
For authorities, see Stubbs, Constitutional History (1874-78); Hallam, Constitutional History (1827; new ed. 1866); Freeman, Norman Conquest (1867-79); Gneist, English Constitution (trans. 1886); also LOCAL GOVERNMENT, and works there cited.