they hold their offices; as the evils resulting from their unfitness may become intolerable before the expiration of the constitutional term of their appointment.

§104. The manner in which the removal of the high judicial and certain other officers may be effected, is either by impeachment, or by address of the legislature to the executive. To effect a removal from office by address to the governor, the legislature states the reasons why the officer ought to be removed. The governor, if he considers the reasons sufficient, makes the removal accordingly and a new appointment is made in the manner prescribed in the constitution. To prevent a removal upon slight grounds, it is required, in some states, that a majority of two-thirds of the legislature concur in the address; in others, a simple majority only is necessary. Justice to the accused party requires that he be notified of the intention to remove him, that he may have an opportunity to defend himself.

§ 105. Impeachment is a charge or accusation against a public officer for misconduct in the discharge of his official duties. A member of a legislature who should, for a reward, offered or accepted, give his influence or vote in favor of any measure; or a judge who, from corrupt motives, should give a wrong decision, would be liable to impeachment.

§ 106. The ordinary mode of trial by impeachment, is briefly as follows: Complaint having been made to the house of representatives, the house appoints a committee to inquire into the matter; and if the charge be well founded, a written accusation is prepared and presented to the senate. The house chooses a number of its members to manage the trial on the part of the house. At the time of trial, the senators take the oath required, and proceed to try the case. The same rules are observed in courts of impeachment as in courts of common law. (§ 229, 230.)

of judges? § 104. In what manner may judges be removed? How is removal by address effected? § 105. What is impeachment? § 106. Describe the mode of trial by impeachment.

5

CHAPTER XII.

Organization and Powers of Courts of Justice.

§ 107. THE most common courts of justice are those in the several towns held by justices of the peace. Though the duties of a justice are numerous, his powers and jurisdiction are limited to civil causes, in which the sum in controversy does not exceed a certain amount specified in the law, and to the lowest grade of criminal offences. Jurisdiction means. pronouncing the law. It is composed of jus or juris, which means law or justice, and dictio, speaking or pronouncing. It signifies also the extent to which the powers of an officer or a government may be exercised. A knowledge of the powers and duties of judicial officers may be conveyed to the youthful student, by a general description of the manner in which justice is administered in courts of law.

§ 108. In a civil action in a justice's court, that is, an action for the recovery of damages in money, the justice, at the request of the plaintiff, who is the person bringing the suit, issues a writ or summons, which is a written order signed by the justice, addressed to a constable, commanding him to summon the person against whom the suit is brought, called the defendant, to appear before the justice at the time specified in the summons, to answer to the plea of the plaintiff. The constable serves the summons, by reading or stating its contents to the defendant. At the time specified in the writ, the parties with their witnesses appear before the justice. After having sworn the witnesses to tell the truth, and taken their testimony, the justice enters judgment against the party in default; that is, he records in a book kept for that purpose, usually called a docket, the amount of the debt or damages, together with the costs of suit. The costs consist of the fees to which the justice, constable, and witnesses are entitled for their services.

§ 107. How far does the jurisdiction of justices of the peace extend? What is jurisdiction? § 108. How is a civil suit commenced in a justice's court? Who is the plaintiff? Who the defendant? Describe

§ 109. If, at the expiration of the time allowed by law for the payment of the judgment, it shall remain unpaid, the justice issues an execution for its collection. An execution is a written order of the justice, commanding a constable to collect from the person indebted, the amount of the judg ment, and to bring the money to him, the justice, within the time fixed by law. If the money shall not be paid when demanded, the constable may seize the property of the debtor, and sell the same at public auction or vendue, after having given due notice of the time and place of sale. For the benefit of poor and unfortunate debtors, the law very properly provides, that certain articles of property, which are necessary for the convenience of themselves and families, shall not be liable to be taken and sold. The inhuman practice of imprisoning debtors who were unable to pay their debts, has been generally abolished in this country, except in cases in which judgment has been given for some act of trespass or misdemeanor.

§ 110. Prosecutions at law are necessarily attended with expense. This, according to law, and the practice of all courts, is paid by the losing party. And though persons are sometimes subjected to heavy costs, through revengeful and malicious prosecutions, the laws cannot discriminate in such cases; and it would be dangerous to invest a justice with such a power. As every man is entitled to the assist. ance of the law in obtaining his dues, it would be unjust to compel him to bear the expense of a prosecution, in addition to the trouble and loss of time to which he is necessarily subjected in seeking justice. If magistrates, when applied to for civil processes without good reasons, should endeavor to discourage those who make application, and to effect an amicable settlement of disputes, the expense of lawsuits, as well as the ill-will and revenge which they engender among men, would often be prevented.

§ 111. Justices are, in some of the states, elected by the people as other town officers. It may be a sufficient reason for not having them appointed as the higher judicial officers,

the trial. What is the judgment? § 109. Describe the manner of Collecting a judgment. 110. Why ought the costs of a suit to be paid by the losing party? § 111. How are justices of the peace

that the central appointing power of the state cannot be sufficiently acquainted with the citizens of every town in a large state to make discreet selections; and as those making the appointment must rely in a great measure on the recommendations of others, they may, through misinformation, bestow the office upon improper persons.

§ 112. There is also a court in every county, the judges of which are appointed, either by the legislature, or by the governor and senate, for a term of years, or during good behavior. It is generally called the court of common pleas. In courts of this kind are tried civil cases in which the sum in controversy is beyond the jurisdiction of a justice's court. They also try causes referred to them by appeal from justices' courts. Their jurisdiction extends, in criminal cases, to the trial of offences punishable by fine or imprisonment in the county jail. These courts, from the superior ability of the judges, are presumed to be less likely to err in their decisions. Hence cases in which a large amount of property, or men's liberty, is concerned, are with propriety submitted to these courts for adjudication.

§ 113. There is in every county a sheriff, elected by the people of the county, whose duties, as an officer of a county court, are similar to those of a constable in a justice's court. County is the name given in England to the districts or territories that were under the government of counts or earls. They are also called shires. Officers were appointed in

these shires to do certain acts in them, and were called sheriffs. Hence the name of sheriff is applied to the officer who is intrusted with the execution of the laws in each county. The duties of a sheriff and constable are in their nature executive.

§ 114. There is also, in every state, a court, generally called the supreme court, or supreme judicial court. It is composed of judges eminent for their abilities and knowledge of the laws. In most of the states it possesses the highest judicial power, and is the last to which appeals may be made from the lower courts. The judges of the supreme court

appointed? § 112. How are county courts constituted? What causes are tried in these courts? § 113. What are the duties of a sheriff? How did the names of county and sheriff originate? § 114. How is

are appointed either by the executive and senate, or by the legislature, for a term of years, or during good behavior.

115. Courts for the trial of persons charged with crimes punishable by imprisonment in the state prison and by death, are differently constituted. They are sometimes called courts of oyer and terminer. They are held in the county in which the crime has been committed, by a judge of the supreme court, or of some other court higher than a county court, who goes once a year, or oftener, into the several counties of the state, for the purpose of trying criminals. The judges of the county court in the county in which the court is held, are associated with him in holding this court.

§ 116. There are also courts of equity or chancery; but it is believed a court of this kind, separately and distinctly organized, does not exist in any state except New-York. Chancery powers are usually exercised by judges of the supreme court. The intention of instituting this court originally was, to afford that relief which equity requires, but which cannot be had in courts of common law. For instance, a person, having contracted to sell a piece of land, refuses to fulfil or execute the contract. The purchaser may, in a court of law, obtain damages of the seller for the non-fulfilment of the contract; but he cannot oblige him to execute it. To compel its performance, an order or decree of the court of chancery is requisite: and if the vendor will not execute a deed of conveyance, it be done by a person authorized by law.

may

§ 117. This court, by injunction, prohibits persons from doing acts that are against equity. A judgment debtor may be restrained from disposing of his property; banks may be stopped from doing farther business in case of supposed insolvency or unfairness in their operations; proceedings in law may be stayed; persons may be restrained from committing wastes or injury on lands; and many other like restraints may be imposed, and protection afforded, by injunction.

a supreme court constituted? § 115. What are courts of oyer and terminer? How constituted? § 116. What is the intention of the institution of courts of equity or chancery? Give an example to illus trate its objects and powers. § 117. What acts does it prohibit?