Page images
PDF
EPUB

resident of the county. The justice then issues the writ of attachment, which commands the constable to whom it is given to execute it against the debtor's goods and chattels in the county, and to make returns within twenty days.

14. A constable, in executing the writ, takes the property in presence of two or more witnesses, and has it appraised by two respectable freeholders, on oath ; and a true inven. tory and appraisement of the property are made, and signed by the constable and appraisers. The constable may

leave the property with another person for safe-keeping, who shall bind himself to the constable with two good sureties, that either the property, or its appraised value in money, shall be forthcoming to answer the judgment on attachment.

15. A plaintiff, on taking out a writ of attachment, must advertise in three of the most public places in the county, that an attachment has been issued against the property of his debtor ;, and notice of the same must also be published in a newspaper printed in the county ; or if there is none, then in some other paper having general circulation in the county. And he must send a copy of the paper to the justice, and produce satisfactory evidence to the justice of hav. ing duly advertised, previous to the rendering of judgment.

16. If the defendant does not appear on the day of return, and if the plaintiff shall make proof of the debt, and also of the property in the hands of the garnishee, (the person with whom the property was left,) the justice may, after the expiration of thirty days, give judgment and award execu. tion against the defendant; or against the garnishee, if he shall refuse to produce the property or pay its value in money. Or if the plaintiff shall not prove his demand, the justice gives judgment against the plaintiff for the costs. To satisfy a judgment in case of an attachment, the property attached is sold on execution, as in other cases.

17. 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. Causes of a attachment served ? 15. What notice must a plaintiff give on taking out an attachment ? 16. What is done if defendant does not appear on return day? 17. To what court may a cause be removed from a jus

certain kind are removed by a 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.

18. Causes of a certain other kind are removed by appeal. In a case of this description, the whole cause is removed ;

the witnesses must again give their testimony; and all the facts are submitted for a rehearing. Causes removed from a justice's court to the court of common pleas, are tried by a jury.

CHAPTER XXV.

Of the Court of Common Pleas; the Supreme Court; and

Court of Chancery. 1. The court next higher than a justice's court is the court of common pleas, of which there is one in every county. The state is divided into a suitable number of districts, (at present sixteen,) in each of which is a julya, who attends and presides over the courts in the several counties composing his district. In each county are three judges, called associate judges, who, together with the district judge, constitute the court of common pleas. The judges are appointed by the legislature for seven years. Three judges may hold a court.

2. This court has original jurisdiction in all civil cases where the sum in dispute exceeds the jurisdiction of a justice of the peace, the latter being limited to sums of $100 or under. By original jurisdiction of a court is meant its power to originate or commence suits; that is, suits may be tried first in such court, before they can go to any other. The court of common pleas also has appellate jurisdiction in cases from justices' courts ; that is, it has causes brought before it by appeal from the justices' courts.

tice's court ? 17, 18. What is the difference between the modes of trying cases by certiorari and appeal?

1. How is the court of common pleas constituted ? How, and for what term, are the judges appointed? 2. In what cases has this court

3. This court has exclusive cognizance of all crimes and misdemeanors not punishable by death; which means, that this court alone takes notice of, and tries, such offences. And it has original and concurrent jurisdiction with the supreme court, of crimes punishable by death ; that is, it has like power with the supreme court to try such crimes.

4. The president judge within his circuit, or an associate judge within his county, may, on good cause being shown, issue writs of certiorari, ordering the proceedings of justices' courts to be brought before the court of common pleas, that right and justice may be done. This court also has power concerning wills and testaments, and may appoint guardians for minors, idiots, and lunatics. It holds three terms in each county annually.

5. The supreme court consists of four judges, appointed by the legislature for seven years. The judge who has been longest in office is styled the chief judge; or, if two or more have held the office for an equal and the longest time, then the one of the greatest age is the chief judge. Any two of the judges may hold a court. This court holds one term annually in each county.

6. The supreme court has original jurisdiction of all capi. tal offences, and concurrent jurisdiction with the court of common pleas in civil cases. All civil suits in equity brought to the supreme court from the court of common pleas, are removed by appeal ; suits at law, only by writ of error or certiorari.

7. The supreme court meets twice a year in Columbus,

original jurisdiction? What is original jurisdiction? In what cases has it appellate jurisdiction? What is appellate jurisdiction? 3. What is said of the jurisdiction of crimes? 4. By whom are writs of certiorari issued? What is the power of such a writ? What other powers has this court? 5. How is the supreme court constituted? Who takes precedence as chief judge? 6. In what cases has it original, concurrent, and appellate jurisdiction? 7. For what purpose does this court meet twice

to adjudicate questions of law that have been reserved in the counties. When an important question arises before the supreme court in any county, or when the judges are divided in opinion, they may reserve such questions to be adjudicated at one of these semi-annual terms. When thus sitting it is called court in bank. Each court has a clerk, who is to reside in each county, and to record all decisions of the court of which he is clerk.

8. Both the court of common pleas and the supreme court have equity or chancery powers. The object of giv. ing these powers to a court, is to enable such court to award what is right and equitable to persons who cannot obtain justice in courts of common law. Hence it is called, when exer. eising its

powers in this manner, a court of equity, or court of chancery. But a person cannot resort to such a court in this state for justice for any sum less than $20.

9. 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, à 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 fufil the con. tract itself. This court has power also to restrain banks and other corporations, and individuals, from doing fraudu. lent 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.

10. In a court of chancery, suits are not commenced by service of a process, as in other courts. The plaintiff pre. pares a bill of complaint, which is presented to the court. This complaint, called a bill in chancery, contains a petition, praying that the defendant may be compelled to appear before the court, and make answer on oath. A trial may be had upon the oath of the parties; or if they have wit. nesses, they are examined. After the case is argued by counsel, the court pronounces its decree.

a

a year at Columbus ? What is it then called ? 8. What peculiar pow. ers have these two higher courts? What is the object of such powers? 9 In what particulars does such a court differ from common law courts? 10. How is a suit commenced in chancery? How is the suit farther

11. Juries. The supreme court, and every couri of common pleas, have 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.

12. 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. A selection of 108 good and judicious persons is made every year, thus: The clerk ascertains the number for each town, which number is in proportion to the number of white male inhabitants in each. The sheriff, when he gives notice of the general election to be held in October, gives notice to the trustees of each town. ship of the number of persons to be returned as jurors from such township. The trustees, on the day of election, select the number apportioned to the township, and send a list of their names to the county clerk.

13. The clerk writes the names of all persons so selected in the several townships on separate pieces of paper, and puts them into a box. At least thirty days before the sitting of each court, in presence of the sheriff

, (the sheriff having first shaken the box so as to mix the ballots,) the clerk draws out of the box twenty-seven ballots. The men whose names are on the first fifteen ballots are to serve as grand jurors, and the remaining twelve as petit jurors. The clerk orders the sheriff to summon the men drawn as jurors to attend on the first day of the next court.

14. Grand juries. It is one of the excellencies of our gov. ernment that the liberty and lives, as well as the property, of the people, are protected by constitutional provisions, se

conductod? 11. What courts have juries ? Explain the difference between an issue of fact and an issue of law. By what juries are issues of fact tried ? 12. How are the men selected from whom jurors are chosen ? 13. By whom, when, and how are the jurors drawn and summoned? 14. Where is provision made for grand juries? What is the

« ՆախորդըՇարունակել »