Sources and further reading

Where this entry comes from

Virginia Acts of Assembly, 1857–1858, chapter 293, “An act providing for the election of a constable in the town of Independence in Preston county,” p. 195 (passed March 2, 1858)

Research notes

What the evidence establishes

All five sections of chapter 293 appear on printed page 195. The heading confirms passage on March 2, 1858. This is the date of the legislation, not the date of the first election.

Section 1 directs the voters of Preston County residing in Independence to elect one county constable on the fourth Thursday in May next, meaning May 1858, and on the same day every second year thereafter. The act does not itself list additional voter qualifications.

Section 2 locates the election at the house of John Howard in Independence and requires it to be superintended, certified, and ascertained in the same manner as other county elections. John Howard is identified as the householder, not as an appointed constable or election commissioner.

Section 3 prohibits town voters from voting for any other county constable. It expressly preserves elections for constables of the district containing Independence by district voters residing outside the town. The town election therefore did not replace all constable elections in the surrounding district.

Section 4 requires the elected constable to reside in Independence and gives him the same powers, duties, and fees as other Preston County constables. His office could be vacated and a vacancy filled in the same manner. The act does not limit those powers to the town or identify the person actually elected.

Section 5 makes the act effective upon passage. The statute establishes the election arrangements; it does not document that an election was held, its results, or service by a particular constable. The Brandonville incorporation act below it on the same page is separate legislation.