§9. Solicitors in chancery are attorneys, who are licensed by the court to practise therein. They manage the pleadings, prepare questions for witnesses, and do every thing that is done in a cause where the party does not appear in person. Proceedings are had before an examiner, who transmits them, with the testimony, to the vice-chancellor for his decision. Masters in chancery pèrform certain duties by order of, and as assistants to, the chancellor; as stating accounts, estimating damages, selling land, taking affidavits, &c.

§ 10. Court for the trial of impeachments and the correction of errors. This court is composed of the president of the senate, the senators, the chancellor, and the justices of the supreme court, a majority of whom may act. The duties of this court in correcting errors, and its duties in trying impeachments, are very different.

11. As a court for the correction of errors, it is the highest judicial court in the state; having power to correct and redress all errors in the court of chancery and supreme court. Thus the errors of a justice's court may be carried up through several courts, to the court of errors. Whether this court affirms or reverses the proceedings that come to it from the court of chancery or the supreme court, its judg ment in the case is remitted to the court from which the alleged error was brought, to be carried into effect.

12. When this court decides upon an appeal from a decree of the chancellor, he is not allowed to give his vote; nor have the justices of the supreme court a voice in affirming or reversing a judgment from that court; but both the chancellor and judges may give reasons for their judgment in their respective courts.

13. Trial of impeachment. An impeachment is a charge against a public officer, for corrupt conduct in office. If some person should offer a member of the legislature a sum of money or some other advantage, to induce him to vote for or against a proposed law, and such member should so vote; this would be corrupt conduct, for which he might be

of this court. How, and for what term, is each appointed? 9. Who are silicitors in chancery? What is their business? 10. Of whom is the court for the trial of impeachments and the correction of errors composed? 11. What powers or jurisdiction has it as court of errors? 12. In what cases may not the chancellor and judges vote? 13. What is an impeach

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impeached. And so any officer who, from bad motives, should do a wrong act in discharging the duties of his office, or should commit a crime, would be impeachable. By the constitution, the power to impeach is given to the assembly. (Cons. Art. 5, § 2.)

§ 14. The mode of commencing a trial of this kind, as prescribed by law, is as follows: The assembly makes the charge, and delivers it to the president of the senate, who causes the court to be summoned. The accused is then brought before the court to answer the charge, and is entitled to counsel to assist him. (Cons. Art. 7, §7.) When the issue is joined, the court appoints a time and place for trial. Before the trial commences, the clerk administers to the president of the senate, and the president to the other members, an oath truly to try and determine the charge, according to evidence.

§ 15. The trial is conducted as trials are in courts of justice. If two thirds of the members present concur in a conviction, the accused is convicted; if not, he is acquitted. To convict is to prove and determine a person guilty of an offence. If the person is convicted, the court may remove him from office, or disqualify him from holding any office thereafter, in this state, or both remove and disqualify him; but no other judgment can be pronounced by this court. But if the act committed by the offender is a crime, he may also be indicted, tried, and punished in a court of common law, as any other person.

CHAPTER XXVI.

General Provisions concerning Courts of Record.

§ 1. ALL courts higher than courts held by justices of the peace, are called courts of record. The clerk of each county is clerk of the court of common pleas and general sessions

ment? State a case. Who have power to impeach? 14. How is the trial of an impeachment commenced? $ 15. How is it conducted? How many must agree to convict? What is the punishment? $1 What courts are courts of record? How are clerks of courts ap

of the peace, and of the circuit courts and court of oyer and terminer held in his county. Other courts appoint their own clerks.

§ 2. It is the duty of the sheriff of every county, to serve all processes issued by any court of record, which are to be served in his county, either by himself or his deputies. He cannot go out of the county to serve a civil process. If, therefore, a plaintiff lives in one county and the defendant in another, the process must be sent to the sheriff of the county in which the defendant resides, to be served on him. The process most used in commencing civil suits in courts of record, is called a declaration, because it declares the nature of the debt for which the suit is brought. It answers nearly to a summons in a justice's court.

§3. The sheriff also serves subpoenas for witnesses, and all executions issued by these courts for collecting the money on judgments against debtors residing in the county. He is required also to attend all the courts which may at any time be sitting in his county; and, with the assistance of a num ber of constables, previously summoned by him for the purpose, to keep peace and order, in court time, and to execute all orders of the court.

of

§ 4. Juries.

Every county court, circuit court, and court oyer and terminer, has a jury for the trial of issues of fact. An issue of fact is a case in which the fact is to be 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. Juries in courts of record, are composed of a greater number of men than juries in justices' courts, and they are obtained in a different manner. Petit jurors are obtained thus: The supervisor, town clerk, and assessors of each town in the county, meet once in three years, on the first Monday

pointed? 2. By whom are processes issued by these courts served? What if a defendant resides in another county? What is a declaration? 3. What other duties does he perform? 4. What courts have a jury? What is an issue of fact? What is this jury called? 5. How is a list of

in July, for the purpose of making a list of the names of suitable persons to serve as jurors, to be selected from the names on the assessment roll of the town. The persons whose names are taken, must be twenty-one and under sixty years of age; be assessed for personal property of their own, to the amount of $250, or have a freehold estate in real property, in their own right or in the right of their wives, to the value $150; and be of fair character, sound judgment, and well informed. § 6. The list of the names so selected, in each town, is signed by the officers, or a majority of them, and within ten days is sent to the county clerk, and a copy of the list is filed with the town clerk. The county clerk writes the names on separate pieces of paper, and deposites them in a box kept for that purpose. Fourteen days before the holding of a court, the clerk, in presence of the sheriff and a county judge, draws from the box the names of thirty-six persons, to serve as jurors, and such additional number as may have been ordered.

§ 7. A list of the names drawn is handed to the sheriff, who must, at least six days before the sitting of the court, summon the persons named in the list, to attend such court. Any person summoned as a juror, who neglects to attend, may be fined by the court, not exceding twenty-five dollars. Of the whole number summoned, twelve sit on every trial; and all must agree in their verdict. They are in charge of the sheriff, as jurors in justices' courts are in charge of a constable.

§ 8. Grand juries. It is one of the excellencies of our government, that the liberty and lives, as well as the property, of the people, are protected by a constitutional provision, securing to every person the right to be tried by a jury of his equals. (Cons. N. Y. art. 7, § 1, 2; Cons. U. S. amend. art. 6.) As the liberties and lives of men are more valua ble than their property, they should be most safely guarded. Hence the constitution (Art. 7, § 7,) declares, that no person shall be put upon trial, without the previous judgment of a grand jury that he ought to be tried; and every court which has jurisdiction in cases of crime, has a grand jury. the names of petit jurors obtained? What are their qualifications? What is done with the list? How and when are the jurors drawn? 07. Who summons the jurors? How many sit on a trial? 8. Where is pr

6.

§ 9. Grand jurors are thus obtained: The board of supervisors of the county, prepare a list of the names of three hundred men, to serve as grand jurors at the courts of oyer and terminer and general sessions, and deliver it to the county clerk. The list is disposed of, the names are drawn, and the jurors summoned, as in the case of petit jurors. The names of twenty-four men are drawn, but not more than twenty-three, nor less than sixteen, may be sworn on a grand jury.

§ 10. On the opening of the court, the jurors are sworn by a judge, 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.

§ 11. 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 district attorney. If they think the person complained of ought to be tried, they draw up a writing, in which they charge the 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. At least twelve jurors must agree, or there is no 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, who are the prosecuting party. The prosecution is managed by the district attorney, whose appointment and general duties have been mentioned.

vision made for grand juries? 9. How are grand jurors obtained? What number constitutes a jury? 10. What is said of swearing them, charging them, &c.? 11. What is their business? What is an indictment? $12 In whose name are offenders prosecuted?