and the facts are submitted for a rehearing. When a cause is removed by a writ of error, the witnesses are not required to attend the trial in the higher court. The substance of the testimony and proceedings before the justice, is produced before the court, and upon this the judges give judgment, as the right of the case may appear. If they decide the judgment of the lower court to be correct, they are said to affirm such judgment; but if they find it wrong, they reverse it

EXERCISES.

§ 1. Whence was the right of trial by jury introduced into this country? How is it secured to the people?

§ 2. Define jury. What number constitutes a jury in a justice's court?

§ 3. What is a venire? By whom is it issued? Describe the manner of obtaining a jury in this state.

§ 4. Can you tell why juries are kept so closely during

their deliberations ?

5. What is done if the jurors do not agree

?

6. Describe the manner of collecting a judgment. With in how many days are executions to be returned in this state? § 7. In what case does a constable become liable?

§ 8. What articles of property are, in this state, exempt from execution?

§ 9. Is imprisonment for debt, in any case, authorized in

this state?

§ 10. In what cases are suits commenced by attachment? What power does an attachment have?

§ 11. How is an attachment served ?

12. In what different ways are causes removed to the higher courts?

13. In what respect do these modes of removal differ?

CHAPTER XXVIII.

Of Courts other than Justices' Courts

§ 1. There is in every county a court, called county court, consisting of one or more judges, elected by the people in a few states, but in most of them appointed either by the legislature or by the governor, with the advice and consent of the senate or a council. In this court are tried civil causes in which are claimed sums of greater amount than a justice of the peace has jurisdiction of, and crimes and misdemeanors committed in the county except those of the highest grade. Also causes removed by appeal or otherwise from a justice's court, are tried in this court.

§ 2. Besides a county court, there are other courts of different names and different jurisdiction in different states. They are called by various names, as circuit courts, superior courts, supreme courts, &c. The highest court in a state, is perhaps more frequently called the supreme court. York, the highest court, and that beyond which there is no appeal, is called the court of appeals.

In New

§ 3. A circuit court seems to derive its name thus: A state is divided into judicial districts, and one of t e judges of the supreme court, or some other judge, goes from county to county, holding a court once a year, or oftener, in each of the counties composing a judicial district. A part of the business of this court is to try appeals from the county court, and such of the higher crimes as a county court has not the power to try. The name of circuit court, however, is not in all states given to a court of this kind.

§ 4. Every county court and every circuit court having similar jurisdiction, has a jury to try issues of fact, and a grand jury. An issue of fact is a case in which the fact is determined from evidence, whether one party is indebted to another or not; or the fact whether the person charged with crime is guilty or not guilty. It is called issue of fact to distinguish it from an issue of law, in which the question to be decided is, what is the law in the case, which is done by

the court instead of the jury. This jury is usually called a petit jury, as distinguished from a grand jury.

§ 5. It is one of the excellencies of our government, that the liberty and lives of the people, as well as their property, are protected by a constitutional provision, securing to every person the right to be tried by a jury of his equals. As liberty and life are more valuable than property, they ought to be most carefully guarded. Hence the constitution of the United States, and the constitutions of the several states, declare, that no person shall be put upon trial, without the previous judgment of a grand jury that he ought to be tried.

§ 6. The manner of selecting and drawing grand and petit jurors, is prescribed by law. A number of judicious men in each town are selected by some person or persons authorized by law to do so, whose names are written on separate pieces of paper, and put into a box in each town, and kept by the town clerk; or, as is the case in some of the states, the names of the persons designated as jurors in the several towns, are sent to the county clerk and by him kept in a box. Previous to the sitting of each court, the requisite number is drawn out of the box, and the persons whose names are thus drawn, are summoned to attend as jurors.

§ 7. A jury to try a cause in these courts always consists of twelve men, and all must agree in a verdict. The number of grand jurors is not the same in all the states; nor is it required that a grand jury shall always consist of a definite number of men in the same state. In New-York, for instance, not less than sixteen, nor more than twenty-three, may act as a grand jury.

8. On the opening of the court, the jurors are sworn to make a true presentment of all things given them in charge. The judge then gives them a charge, and appoints one of their number as foreman; and the jurors retire to a private apartment to attend to their duties.

§ 9. The jurors hear all complaints brought before them, against persons for crimes and breaches of the peace; and examine witnesses who appear to testify; and when it is requested, they have the assistance and advice of the state's attorney. If they think the person complained of ought to be tried, they draw up a writing, in which they charge the

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person with the offence of which they think he is guilty. This is called an indictment. It is signed by the foreman, endorsed, a true bill," and carried by the jury into court. Not all the jurors are required to agree in order to an indictment. If the person has not before been arrested, he may now be arrested, to be put upon trial. (See arrest and examination of offenders.)

§ 12. As all crimes are considered as committed against the peace and order of the community, the offender is complained of and tried in the name and in behalf of the people of the state, who are the prosecuting party. The prosecution is managed by the state's attorney for the county, whose appointment and general duties have been mentioned.

EXERCISES.

§ 1. How is a county court constituted? What is the jurisdiction of a county court? What in this state?

§ 2, 3. What other courts are there in this state? are they constituted? What is their jurisdiction?

How

§ 4. What is the difference between an issue of fact and an issue of law? By what jury is the former tried? § 5. What is the office of a grand jury?

§ 6. Describe the manner of selecting, drawing and summoning grand jurors in this state.

§ 7. What is the number of grand jurors in this state? § 8. What is required by a grand juror's oath?

§ 9. How are the deliberations of a grand jury conducted? What is an indictment? How many jurors must agree to an indictment?

§ 10. In whose name are offenders complained of and tried" What officer conducts the prosecution?

CHAPTER XXIX.

Courts of Chancery; Court of Probate; Court for the Trial of Impeachments.

9 I. A court of chancery is in its nature different from all other courts. It is sometimes called a court of equity, being designed to enable persons to obtain what is right and equitable, when they cannot obtain the same in courts of law. In ordinary courts a man is not allowed to be a witness for himself; but in this, the parties may be put on oath. In other courts, a person cannot be compelled to do what he has agreed to do; he can only be made to pay damages for not fulfilling his contract; but in a court of chancery a man may, in certain cases, be compelled to fulfill the contract itself.

§ 2. If a debtor has property held in trust for him by another; or has money, notes, or other obligations or debts owing to him; this court may compel him to discover and give up such property to satisfy an execution against him; and it may prevent persons from paying him such debts. It has power also to restrain banks and other corporations and individuals, from doing fraudulent acts; to dissolve corporations; to stop proceedings at law in certain cases; and to do many other things of a like nature, by way of relief, when relief can not otherwise be had.

§ 3. Suits in equity are not commenced as suits at law. The plaintiff prepares a bill of complaint, called a bill in chancery, the facts in which are sworn to by the plaintiff. The bill, which contains a petition or prayer that the defendant, the party complained of, may be summoned to make answer on oath, is filed with the clerk of the court, who issues a subpoena, commanding the defendant to appear before the court on a day named. A trial may be had on the complaint and answer alone; or witnesses may be introduced by the parties. The case is argued by counsel, and a decree is pronounced by the court, which the court has power to carry into effect.