injured, to be judge in his own case, as to what is right or wrong, and to punish others for acts which he might think to be contrary to law. If such were the case, there might as well be no law at all. Mankind are generally partial to themselves; and therefore they would be unsafe judges between themselves and others. Besides, but a small portion of the people are sufficiently learned in the law to be judges.

3. Hence, that justice may be done to all, as far as possible, it must be obtained in courts of law; and to prevent injustice from being done to any member of the community, the constitution requires, that in all cases of crime, however openly it may have been committed, the offender must have a fair and impartial trial. [Const. Art. 8, sec. 7.]

4. There are numerous kinds of courts in the state, some of a higher, and others of a lower order. Some have gen eral, and others special jurisdiction, and that which is more limited. When we speak of the jurisdiction of a court, we have reference to its power to pronounce the law. The word jurisdiction is composed of two Latin words, jus, law, and dictio, a speaking; hence juris dictio, a speaking of the aw. The jurisdiction of a court, therefore, means how far, and in what cases, it has power to try and determine questions in law.

5. Some courts have power only to try civil causes; others have jurisdiction in causes both civil and criminal. Some have jurisdiction in cases arising in any part of the state; others only in cases arising within the county. As most suits at law are tried in justices' courts, and as cases may be carried up from them to the higher courts, we shall begin with the lowest, and proceed to the highest.

6. Justice's Court.-Justices of the peace are elected for three years; the number for each township to be determined by the court of common pleas. The trustees of the township give notice of the time and place of elections to fill vacancies. Justices are commissioned by the governor.

necessity of courts of justice appear? 3. To prevent injustice in case of crime, what does the constitution require? 4. What different kinds of courts are there? What is jurisdiction? 5. What difference is there between the jurisdiction of one court, and that of another? 6. For

7. A justice of the peace can try a cause only in the town for which he is chosen, and in which he resides. He can try civil causes only, and only those in which a limited sum is sued for. Causes are called civil, when money is claimed; criminal, when persons are tried for crime. Causes, actions, and suits, though somewhat different in meaning, are words generally used to signify the same thing, meaning prosecutions at law, or lawsuits. A justice can try suits only in which the sum sued for does not exceed $100; but he may take and enter judgment on the confession of a defendant, for any sum not exceeding $200.

8. Actions must be brought before a justice of the township in which the defendant resides; otherwise a plaintiff might maliciously take a defendant to a remote part of the county, simply to give him unnecessary trouble, or perhaps to compel him to a settlement on unjust terms. A plaintiff is the party that sues; the party sued is called defendant, because he defends himself in the suit.

9. Actions may be commenced by the parties going voluntarily before a justice; but this is seldom done. Suits are generally commenced by process, which means a written instrument issued by a justice, enforcing proceedings at law. The process by which a suit is in most cases commenced, is a summons; and the action is considered commenced, on the day when the summons is delivered to the constable.

10. A summons is addressed to any constable of the township, commanding him to summon the defendant to appear before the justice, on a day, and at an hour specified, which must be not less than three, nor more than 12 days after the date of the summons, to answer the plaintiff in a plea mentioned; and the summons must be served at least three days before the time when the defendant is to .appear.

what term are justices elected? What number? How and when are vacancies filled? 7. How is a justice's jurisdiction limited? What is a civil suit? Criminal? Define cause, action, suit. To what sum is a justice limited? 8. In what township must a suit be brought? Who is the plaintiff? Defendant? 9. How are suits usually commenced? What is a process? A summons? 10. What does a summons contain?

11. If the defendant is found, the constable serves the summons by reading it; and if the defendant requests it, the constable must give him a copy of it. If he is not found, a copy must be left at his place of abode. The constable returns the summons to the justice, at or before the time named for trial, with an indorsement on the back of it, stating the time it was served, and also, whether personally served, or served by copy.

12. Either party may appear in person, or by attorney, that is, another person appointed to answer and act for him. Parties who are minors, must always have a next friend, or a guardian, to act for them. When parties have appeared and answered to their names, they make their pleadings; that is, the plaintiff declares for what he brings his suit; and the defendant declares the nature of what he has to offset against the plaintiff's demand; or he pleads that he is not indebted to him. These acts of the parties are called joining issue. The pleadings may be either verbal, (by word,) or written.

13. A defendant cannot offset any demand which he may buy, or in any other way get against a plaintiff, after the suit has been commenced. And a defendant must, on joining issue, plead, or give notice of a set-off, specifying the nature of his claim, or he will not be entitled to a setoff; and if he neglects to offset his claim, he can never thereafter recover such demand by law, without paying his own cost. There are certain demands which need not be thus offset.

14. If the demands of the parties are unequal, the justice enters judgment against the party owing, for the amount due the other, with the costs of suit. Judgment is what is adjudged to be due from the one to the other, and always includes the costs, which consist of the fees of the justice, constable, and witnesses. If nothing is found to be due the plaintiff; judgment is entered against him for the costs.

15. At the time of joining issue, the justice may, at the

11. How is a summons served? How returned to the justice? 12. How do parties appear? What are pleadings? What is joining issue? 13. What is said about set-off? 14. Against which party is judgment entered? 15. In what cases, and for how long a time, may a suit be

request of either party, adjourn, or put over the trial, not exceeding twenty days; but if required, the party wishing the adjournment must make oath that he cannot, for the want of some material witness, safely proceed to trial. If such witness be out of the county, the party wanting him may have an adjournment for ninety days.

16. A man's own word is not taken as proof in his favor in a court of justice he cannot establish a fact without witnesses. The justice, therefore, on the request of either party, issues a subpoena, which is a writing commanding persons to appear and give evidence on the trial; but a subpoena can only compel the attendance of witnesses being in the same county. A subpoena may be served by a constable, or any other person, who must pay, if demanded by the witness, the fee allowed by law, which is fifty cents, or the witness is not obliged to attend.

17. If a person duly subpoenaed does not appear, the justice may issue an attachment, commanding the constable to bring the witness, who must pay the fees of both the justice and the constable, unless he shall show reasonable cause for not attending. And a witness who, without a reasonable excuse, does not appear, or appearing, refuses to testify, may be fined by the justice not exceeding eight dollars, for the use of the poor; and he is liable, also, to pay all damage sustained by the party in whose behalf he was subpoenaed.

18. At the time of trial, the justice proceeds to try the issue. The witnesses are sworn to testify truly to what they know; and after hearing the proof on both sides, the justice decides according to law and equity, as the right of the case may appear. If a defendant does not appear at the time of trial, the justice may hear the proofs and allegations of the plaintiff, and determine the case according to what shall be made to appear by that party alone.

adjourned? 16. What is a subpoena? Its effect? By whom served? What must be offered or paid a witness? 17. If a witness does not appear, what may be done? In what cases may he be fined and imprisoned? To what is he farther liable? 18. How does the justice proceed and try the issue?

CHAPTER XXIV.

Trial by Juries; Collection of Judgments; Appeals, &c.

1. ONE of the most valuable privileges enjoyed by the people of this country, is the right of trial by jury. It may so happen that a suit is brought before a justice who is not well informed in matters of law; or he may be supposed to entertain feelings of partiality towards one of the parties; or it may be suspected that he is not an honest man. Therefore, it is not always safe to submit a cause to a justice for decision. And that all may have the means of obtaining justice, the constitution secures to every person the privilege of having a jury to try any cause to which he is a party. (Art. 8, sec. 8.)

2. A jury is a number of men who sit on a trial, and are sworn to try a matter of fact, and to declare the truth ac cording to evidence. This declaring of the truth is called verdict, which means a true saying. A jury in a justice's court consists of six men, all of whom must agree in their verdict. It is therefore presumed, that when so many men are all of one opinion, their verdict is correct.

3. The manner of obtaining a jury is as follows:-At any time after issue is joined, and before any testimony is heard, either party may demand of the justice that the cause be tried by a jury. The justice then makes a list of the rames of eighteen freeholders, residents of the township; from which list the defendant first strikes one, and the plaintiff one, until twelve are stricken off. The justice then issues a venire, which is a precept commanding a constable to summon the men whose names remain to appear before the justice, to make a jury to try the cause between the parties named in the venire.

4. After hearing the proofs and allegations of the parties, the jurors are put under the charge of a constable, who is sworn to keep them in some convenient place till they agree

1. Why is the right of trial by jury a great privilege? 2. What is a jury? A verdict? 3. How is a jury obtained? What is a venire? 4. After hearing proof, &c., what is done with the jury? 5. If jurors