§ 118. A trial in a court of equity is, both in its beginning and progress, different from a trial in courts of com. mon law. The plaintiff commences his suit by a complaint in writing to the court, which is called filing a bill in chancery. The court issues a process commanding the defend. ant to appear before the court on a certain day, to answer to the complaint. The answer also is in writing, and sworn to by the defendant. Witnesses, if there be any, are ex. amined on both sides; but if there be none, the court decides upon the evidence of the parties themselves, who are always on oath. If the defendant does not appear to answer to the complaint, the decree of the court is made upon the facts set forth in the complainant's bill.

§ 119. Courts of probate, of which there is one in each county, are instituted to prove the genuineness and validity of wills, and to dispose of and settle the estates of persons dying without a will. Probate, from the Latin, means proof. Hence its use in expressing the right or jurisdiction of proving wills. A probate court is held by a judge called judge of probate. In the state of New-York, this officer is called, surrogate, originally signifying the deputy of an ecclesiastical judge or bishop. In England the bishops had the right to settle the estates of persons deceased.

CHAPTER XIII.

Institution of Juries.

120. THE courts of law in the United States, as it regards their jurisdiction, as well as the principles of their organization, appear to be well adapted to ensure a correct and impartial administration of justice. The best judges, however, are fallible men, liable to err in judgment, or to be biased in their decisions. Hence, an additional safe

$118. Describe the commencement and progress of a trial in this court $119. What are probate courts? Define probate and surrogate.

120. What is the object of juries? 121. How is a jury consti

guard to the liberties and rights of citizens has been provided in the institution of juries.

§ 121. A jury is a body of men who sit on a trial, and who are sworn to deliver the truth upon the evidence given them touching the matter in question. The declaring of this truth is called, bringing in a verdict. Verdict, from the Latin words vere, true, and dictum, saying, means a true saying. A jury usually, consists of twelve men. In civil cases before a justice of the peace, a jury, in some states at least is composed of only s men. All the jurors must agree in

at least verdict, or the case is not decided. The jury

which, in courts of record, tries issues of fact, is called a petit jury, in contradistinction to grand juries of the same

courts.

§ 122. By the constitution of the United States, the right of trial by jury is guarantied to every citizen in suits at law, in which the sum in controversy exceeds twenty dollars. And as this constitution is the supreme law of the land, all the state constitutions must of necessity conform to it. No person is obliged to submit a question involving the right of property to any considerable amount, to the decision of judges in whose ability or integrity he has not full confidence. This provision in the national constitution, securing this right in all cases wherein the sum exceeds twenty dol. lars, does not prohibit a state from granting the privilege when the sum is of less amount. In many, perhaps a majority of the states, a jury is allowed to either party requesting it, however small the sum in dispute may be.

§123. In the more important cases in which the liberties and lives of citizens are concerned, besides the security to the rights of persons afforded by the right of trial by jury, additional protection to innocence is provided by the institu. tion of grand juries. As a person might, upon a false accusation, be imprisoned to await a trial, and thus be unjustly deprived of his liberty for a long time, it has been made the supreme law of the land, that no person shall be held to answer for a capital or other infamous crime, unless on a presentment or indictment of a grand jury. An indictment

tuted? What means verdict? § 122. How is the right of trial by jury secured? To what extent? § 123. Why are grand juries neces

is a written accusation of a crime, made by a grand jury under oath to a court.

§ 124. A grand jury consists of not less than twelve nor more than twenty-three men, who attend the sittings of court, to inquire into complaints against persons accused of crimes. They are sworn by a judge of the court to make a true presentment of all matters that may be submitted to them. They repair to a separate apartment, where they inquire into the truth of the complaints that are brought before them. If, from the testimony of witnesses, it shall appear to them that a person complained of is guilty of the crime alleged against him, they declare that he ought to be tried. If twelve of the jurors unite in this declaration, an indictment is drawn up, signed by the foreman of the jury, and carried by the jury into court. The accused may then be arrested, and put on trial.

§ 125. A proper mode of obtaining juries in courts of record, and which is practised to some extent, is the following:-The proper authority in each town makes a list of persons residing therein, who shall be of approved integrity, of sound judgment, and well informed; and transmits the same to the clerk of the county. The clerk, before the holding of every court, draws the names (previously written. on slips of paper, and put into a box) of a sufficient number of persons to serve as jurors, who are summoned by the sheriff to attend the sitting of the court.

§ 126. But while justice is thus secured to the innocent, provision has, with equal propriety, been made for ensuring the punishment of the guilty. If offenders were allowed to go at large until they could be indicted by a grand jury, they might, in most cases, escape from justice. Any person, therefore, having knowledge of any crime, may immediately make complaint, on oath, to a justice of the peace, who thereupon issues a warrant for the apprehension of the offender. If, upon due examination before the justice, the charge appears to be well founded, the justice may order the accused to be committed to the jail of the county for safe keeping,

sary? What is an indictment? § 124. Of what number does a grand Jury consist? Describe the proceedings of a grand jury. § 125. How are jurors selected and obtained? § 126. In what manner are offend

until; at the next sitting of the court, complaint may be made to the grand jury.

§ 127. The party accused may, however, be set at liberty, by giving bail for his appearance before the court at its next session. Bail is a word derived from a French word, signi. fying to deliver. As here used, it means the security given by the party restrained, by means of which he is delivered into the hands of those that bind themselves for his forthcoming. He gives a writing called a bond, with one or more persons as sureties, who bind themselves for his appearance in court. He is then bailed or delivered to his sureties as keepers, and set at liberty. The sureties may, whenever they shall deem it necessary for their own security, cause him to be taken, and committed to jail for safe keeping until the day of trial. In default of his appearance at court, the sureties become liable to pay the sum specified in the bond.

CHAPTER XIV.

Taxation.-Direct and Indirect Taxes.

§ 128. It is evident that much expense is incurred by every government in carrying on its operations. It is not to be expected that men will leave their private business to serve the public without an adequate reward. Provision must be made for the compensation of all the officers of the general administration of the state. These are members of the legislature; the governor and other executive state officers; the judges and other officers of the state courts; besides numerous clerks and other persons appointed to assist in the several departments of the government.

§ 129. Secondly, county expenses. These are made up, chiefly, of the fees of the judges and other officers of the

ers apprehended to secure their trial? § 127. What is the me of bail? Describe the process of executing bail.

§ 128. Why is taxation necessary? What state officers out of the treasury? § 129. What expenses accrue in

county courts, and of all other persons who transact business for the county; the costs of all criminal prosecutions in the county; including the compensation of grand and petit jurors; the cost of the court-house, jail, and other necessary county buildings; and the expense of supporting the poor of the county, where provision is not made for their support in the several towns.

§ 130. The affairs of each town also require the services of a considerable number of officers. There are one or more persons who have a general supervision over the affairs of the town; a clerk to keep the records of the town; a board of assessors to take the valuation of the property or estates of the inhabitants; commissioners to lay out and superintend the repairing of roads and bridges; persons whose duty it is to provide for the support of the poor; commissioners to transact business relating to schools; a collector of taxes; together with the necessary number of justices and constables.

§ 131. A government must then, of necessity, possess the power of providing the means of its support. This power is the power of taxation. A tax is a rate or sum of money assessed upon the property of a citizen by government for the use of the state or nation. A tax is sometimes laid upon the person of a citizen. This is called a capitation or poll tax. Poll means head. Capitation signifies the enumeration of heads or persons. Hence the use of the term capitation tax. Both these kinds of taxes are called direct taxes, because they are laid directly upon the property and

of the citizen.

person

§132. The justice of poll taxes has been much questioned; and they are imposed in this country to a very limited extent. It is only in extraordinary emergencies that the levying of these taxes can be justified. The general rule, and that which appears to be the most equitable, is to assess taxes upon the citizens according to their respective abilities or means of contributing. They ought therefore to be laid upon the property possessed or used by individuals; and to

counties? § 130. What in the several towns? § 131. What is a tax? A capitation tax? Why are these called direct taxes? § 132. Which of these kinds of taxes is most equitable? § 133. Illustrate by ex