§ 17. If the defendant does not appear on the day of trial, the plaintiff may proceed to prove his demand, and the justice enters judgment for the amount proved to be due, with costs. To satisfy a judgment so taken, the property attached may be sold on execution, as in other cases.

§18. If either party is dissatisfied with a judgment rendered in a justice's court, he may have the cause_removed to the court of common pleas of the county. In cases wherein the judgment is rendered for a debt not exceeding twenty-five dollars, the removal is made by writ of certiorari. When a cause is removed in this manner, 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.

§ 19. When the debt or damages on which judgment has been rendered, exceed twenty-five dollars, the removal must be made by appeal. In such case, the whole cause is removed; the witnesses must again give their testimony; and all the facts are submitted for a rehearing. If the issue joined before the justice was an issue of law, the cause is decided by the judges; if the issue was upon a question of fact, it is tried by a jury.

CHAPTER XXIV.

Courts of Common Pleas, and General Sessions of the Peace; Circuit Courts, and Courts of Oyer and Terminer.

§ 1. THERE is in each county a court of common pleas, consisting of a first judge and four associate judges; all of it served? $ 17. If the defendant does not appear at trial, what? $ 18. To what court are causes removed from a justice's court? By what process when the debt is not over $25? What is meant by affirming and reversing a judgment? 19. By what process is a cause removed when the debt exceeds $25? State the difference between the two modes of trial, on certioran and appeal.

$ 1. Of how many judges does a court of common pleas consist? How

whom are appointed by the governor and senate, for five years. Any three of them may hold a court. This court usually sits two or three times in a year, and holds about a week.

§ 2. Suits in which more than $50 are claimed may be, and when more than $100 are claimed they must be, prosecuted in a higher court than a justices' court; and they may be commenced either in the supreme court, or in the court of common pleas. This court has power to grant new trials, and to try appeals from justices' courts. Removals of causes from this court are made to the supreme court. It has a jury to try issues of fact.

3. The court of general sessions of the peace is held by the judges who hold the court of common pleas, and at the same time. Any three of the judges of the county courts may hold this court; and when a sufficient number of judges do not appear, then one or more justices of the peace are to be associated with the judge or judges attending; but there must be at least one judge present.

§4. The difference between these two courts appears to be principally this: the court of common pleas tries civil causes only, whereas it is the business of the court of general sessions to try and punish all crimes and misdemeanors committed in the county, except such as are punishable with death or imprisonment for life. It also examines the case of persons imprisoned in the county jail, and in certain cases discharges them; and does sundry other acts required by the laws of the state.

§ 5. This court has two juries. Its jury to try and determine facts is the same as that of the court of common pleas, and consists of the same persons. It has also a grand jury, by which it inquires of all crimes and misdemeanors committed and triable in the county; and tries such as it has power to try, and sends all indictments for offences which it has not power to try, to the next court of oyer and terminer and jail delivery, for trial. All courts having cognizance of

are they appointed; and for what term? How often and how long doen it usually sit! $ 2. Sums of what amount may be prosecuted in this court! What powers has it? 3. What judges constitute the court of general sessions of the peace! When must justices sit in this court! $4. What as the difference between this court and the court of common pleas! $ 5.

crimes have grand juries. The duties of grand jurors, as also the manner of obtaining both grand and petit juries, are described in a subsequent chapter.

§ 6. Circuit Courts. Each of the eight senate districts into which the state is divided, constitutes a circuit, in which there is a judge, called circuit judge, who holds, in each of the counties composing his circuit, at least two terms in a year. Circuit judges are appointed by the governor and senate, and hold their offices during good behaviour, or until they attain the age of sixty years.

§7. This court has power to try all causes that are triable in courts of common pleas. It also tries issues joined in the supreme court, and returns its proceedings to the supreme court. This court has a jury.

§8. Courts of oyer and terminer and jail delivery are held in the several counties of a circuit, at the same time that the circuit courts are held, and are connected with these courts in the same manner as courts of general sessions are connected with courts of common pleas. A court of oyer and terminer is held by the circuit judge, associated with some of the county judges. A judge of the supreme court has power to preside in this court, and to perform the duties of a circuit judge.

9. A court of oyer and terminer, like a court of general sessions of the peace, has two juries: a grand jury to inquire of crimes committed in the county, and a jury to try the persons charged with crimes by the grand jury. This court has power to try all offences for which indictments are found by the grand jury of either court, including such as are punishable by death and imprisonment for life, which a court of general sessions cannot try.

§ 10. The supreme court consists of a chief justice and two justices, any one or more of whom may hold a court. They are appointed in the same manner, and hold their offices for the same time as circuit judges. This court has jurisdiction

6.

What is the business of its juries? How are circuit courts constituted? When, and how often are they held? How, and for what term, are circuit judges appointed? 7. What are the powers of a circuit court? 8. By whom is a court of oyer and terminer held? When, and where? 9 How many juries has it? In what cases has it jurisdiction? 10. How is the supreme court constituted? How, and for what term, are the judges ap pointed? What jurisdiction has it?

of all actions, civil and criminal, and power to revise the proceedings of every court of common law, except the court of

errors,

CHAPTER XXV.

Court of Chancery; Court for the Correction of Errors and Trial of Impeachments.

§1. THE court of chancery is in its nature different from all other courts. It is sometimes called a court of equity; because it is the object of this court to enable persons to obtain what is right and equitable, when they cannot obtain the same in courts of common law. But they cannot resort to this court for justice for any sum less than $100.

§ 2. In other 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 fulfil the contract itself.

§ 3. 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 it could not otherwise be had.

§ 4. But although these appear to be the objects for which this court was instituted, the powers and duties vested in and performed by the chancellor, are more numerous than those of any other judicial officer in the state. He has

1. What is the nature of a court of chancery? between this court and others. 3. Mention some done by this court. 4. What other powers has it?

7

2. State the difference unusual judicial acts 5. In whom are its

certain powers in relation to lands and estates of infants, idiots, lunatics, and habitual drunkards; in suits against heirs; to dissolve marriage contracts; besides numerous other things which devolve upon no other judicial officer.

§ 5. The powers of the court of chancery are vested in the chancellor, who is appointed by the governor and senate, and holds his office during good behavior, or till he attains the age of sixty years. This court has at least four stated terms in a year; two in Albany and two in New-York.

§ 6. Each circuit judge is vice-chancellor in his circuit, and exercises in many cases the powers and duties of chancellor. In the first and eighth districts, a special vice-chancellor is appointed. The vice-chancellors cannot act upon appeals, nor review or rehear the proceedings of any lower court, except in a few cases. Appeals from the decisions and proceedings of the vice-chancellors must be made to the chancellor, before they can be carried to a higher court. The vice-chancellors have four stated terms; and, if necessary, they may hold special terms.

§7. In a court of chancery, suits are not commenced by the service of a process, as in other courts. The plaintiff prepares a bill of complaint, or petition, which is presented to a vice-chancellor, and filed with the clerk of the court, who issues a subpoena, commanding the defendant to appear before the court on a day named. The pleadings and proceedings of each party are served on the other, and filed with the clerk. If there are any witnesses, they are examined.

§ 8. There are numerous officers of this court. There are clerks of the chancellor's court, and of each of the vicechancellors' courts, who are appointed by their respective courts; and in every county there are several masters in chancery, and examiners in chancery, appointed by the gover nor and senate, for three years; a register, assistant register, and reporter, appointed by the court of chancery, to hold their offices during the pleasure of the court; and two sergeants, one to reside in Albany, and the other in NewYork.

powers vested? How and for what term is he appointed? 6. Who are vice-chancellors? What powers have they? menced in this court? How do they proceed?

7. How are suits com8. Mention the officers