saying. If the jury fail to agree, the justice calls another jury, if required by either party, who proceed to try the case, unless the parties consent that the justice may render judgment on the evidence already given.

When the jurors have agreed upon their verdict, the justice makes a record of their decision in his journal, and renders his judgment thereon.

In procuring a jury, the justice writes down the names of eighteen good men of the township, and each party strikes off or rejects six of the persons named on the list, and those whose names remain, constitute the jury, who are summoned to appear before the justice.

After judgment has been rendered in any case, it is necessary that it should be enforced. This is done by the constable, who acts by authority of a written order issued by the justice, called an execution. Suppose a judgment is rendered in favor of a party for a sum of money the justice issues his execution, in which he commands the constable to levy upon the property of the party against whom the judgment was rendered, and to sell enough to pay the debt and costs, and to bring the money to the justice to be paid to the party entitled thereto.

To enable persons against whom judgments are rendered, in justices' courts, to pay the same without sacrificing their property, provision is made for the "stay of execution;" so that, with the exception of a few cases, [See statutes, Swan and Critchfield, 797] by giving security for the payment of the judgment, the issuing of the execution may be postponed, as follows: On judgments for five dollars and under, for 60 days; over five and un

der twenty dollars, 90 days; for twenty dollars and under fifty dollars, 150 days; for fifty dollars or upwards, 240 days. When judgment is obtained against a surety who takes a stay and obtains a judgment against a principal, stay of execction can be allowed on the judgment against the principal only so long that the stay will expire one month before that allowed to the surety, on the judgment against him.

A removal of the cause to the court of common pleas is provided for by law, when it is conceived justice has not been done. In some instances the case is thus removed when a party thinks the proceedings, or some of them, before the justice, were not according to law. In all cases not otherwise specially provided for, appeals may be taken from justices' courts to the court of common pleas.

The law, in its humanity, exempts from execution or sale for any debt, damage, fine, or amercement, such property of every person who has a family as is necessary for the comfort of the family. [See statutes, Swan and Critchfield, 1043, for property exempt.] ·

Questions-What is a civil action?

How are actions commenced before a

justice of the peace ? When may an order of arrest be issued? An attachment? What is said of actions in replevin? How are the rights of the parties determined? What is meant by joining issue? What do we call the persons who are called to testify in a case? What is said of the oath? ΟΙ the affirmation ? Of the trial and judgment? How many persons are required for a jury in a justice's court? State how jury trials are conducted. In case the jury fail to agree, what is done? How are jurors procured in justices' courts ? What is said of an execution ? Of the stay of execution? the removal of the cause to the court of common pleas? What is said of property exempt from levy and sale on execution?

Of

MILITARY DEPARTMENT.

CHAPTER XLIII.

THE STATE MILITIA-WHO LIABLE TO PERFORM MILITARY DUTY

-INDEPENDENT MILITIA.

Able-bodied white male citizens between the ages of eighteen and forty-five years, are, unless exempt by law, subject to military duty.

The officers acting as assessors in the several townships, precincts and wards, are required to return to the county auditors two lists of persons liable to military duty: One list to embrace those who are exempt from service in the militia, except in case of war, insurrection, invasion, or the reasonable apprehension thereof, namely: those who have served in the army or navy of the United States one year during the late rebellion and have been honorably discharged; all who have served five years in the militia; all who served in the one hundred days service under the call of the governor in 1864; and active members of volunteer fire companies. Those who have

served for five consecutive years in any regularly organized fire company, are for five years thereafter exempt from military service in time of peace, and from labor on the highways. The other list to embrace all others subject to enrollment.

The persons exempt from military duty are those engaged in the United States service or are exempt by the laws of the United States; those unfit for service by reason of permanent physical disability, idiots, lunatics, and felons convicted of infamous crimes, unless pardoned; all members of religious denominations, whose articles of faith prohibit them from performing military duty.

The county auditors are required to transmit a statement showing the number of each class enrolled in each township or ward to the adjutant-general of the State. The law provides that the organized militia of the State shall be composed of such volunteer companies as were organized or retained under the militia acts of April 14, 1863 and March 31, 1864, and are not discharged by the governor, and such further companies as may be formed under the act of April 2, 1866.

The law of 1866 provides that the governor may authorize the formation of such number of volunteer companies of infantry, artillery and cavalry as the good of the service may indicate.

In case of riot, mob, etc., the State troops may be called to aid the civil authorities.

In case of war, invasion, insurrection, the reasonable apprehension of invasion or insurrection, riot, or any forcible obstruction to the execution of the laws, the governor may not only call out the militia, but may either

call for volunteer recruits or authorize the organization of other volunteer companies, or both.

When the volunteer and organized militia are insufficient, the governor may order a draft.

The governor is commander-in chief of the military forces of the State, and is required to appoint an adjutantgeneral who shall rank as brigadier-general.

In case of war, invasion, or insurrection, a commissary and medical department may be organized.

Field officers of regiments and battalions are elected by ballot by the members of the respective regiments or battalions; commissioned officers of the line, by the members of their respective companies. Adjutants, quartermasters, chaplains, surgeons, surgeons' mates, sergeant-majors, quartermaster-sergeants, commissary-sergeants, drum-majors, and fife-majors, are appointed by the respective commanding officers of regiments.

Sergeant-majors and quartermaster-sergeants of battalions are appointed by the commanding officers thereof. Non-commissioned officers of companies are appointed by the respective commandants of companies.

The military officers of the State, whether elected or appointed are commissioned by the governor.

In 1870, a law was passed authorizing the enrolled. militia in counties having cities or towns with a larger population than three thousand, to organize themselves into independent companies, battallions, squadrons, regiments and batteries, to be subject solely to the direct call of the governor of the State, and of the regular constituted civil authorities, for the suppression of insurrection and riot, or the repelling of invasion or the enforcement