§ 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 assistance 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 may be done by a person authorized by law. § 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 com. mitting 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 mstitution of courts of equity or chancery? Give an example to illus trate its objects and powers. § 117. What acts does it prohibit ? § 118. A trial in a court of equity is, both in its begin ning and progress, different from a trial in courts of common law. The plaintiff commences his suit by a complaint in writing to the court, which is called filing a bill in chancery. The court issues a process commanding the defendant to appear before the court on a certain day, to answer to the complaint. The answer also is in writing, and sworn to by the defendant. Witnesses, if there be any, are ex. amined on both sides; but if there be none, the court decides upon the evidence of the parties themselves, who are always on oath. If the defendant does not appear to answer to the complaint, the decree of the court is made upon the facts set forth in the complainant's bill. § 119. Courts of probate, of which there is one in each county, are instituted to prove the genuineness and validity of wills, and to dispose of and settle the estates of persons dying without a will. Probate, from the Latin, means proof. Hence its use in expressing the right or jurisdiction of proving wills. A probate court is held by a judge called judge of probate. In the state of New-York, this officer is called surrogate, originally signifying the deputy of an ecclesias. tical judge or bishop. In England the bishops had the right to settle the estates of persons deceased. CHAPTER XIII. Institution of Juries. § 120. THE COurts of law in the United States, as it regards their jurisdiction, as well as the principles of their organization, appear to be well adapted to ensure a correct and impartial administration of justice. The best judges, however, are fallible men, liable to err in judgment, or to be biased in their decisions. Hence, an additional safe 118. Describe the commencement and progress of a trial in this court 119. What are probate courts? Define probate and surrogate. 120. What is the object of juries? 121. How is a jury consti guard to the liberties and rights of citizens has been provided in the institution of juries. § 121. A jury is a body of men who sit on a trial, and who are sworn to deliver the truth upon the evidence given them touching the matter in question. The declaring of this truth is called, bringing in a verdict. Verdict, from the Latin words vere, true, and dictum, saying, means a true saying. A jury usually consists of twelve men. In civil cases before a justice of the peace, a jury, in some states at least, is composed of only six men. All the jurors must agree in a verdict, or the case is not decided. The jury which, in courts of record, tries issues of fact, is called a petit jury, in contradistinction to grand juries of the same courts. § 122. By the constitution of the United States, the right of trial by jury is guarantied to every citizen in suits at law, in which the sum in controversy exceeds twenty dollars. And as this constitution is the supreme law of the land, all the state constitutions must of necessity conform to it. No person is obliged to submit a question involving the right of property to any considerable amount, to the decision of judges in whose ability or integrity he has not full confidence. This provision in the national constitution, securing this right in all cases wherein the sum exceeds twenty dollars, does not prohibit a state from granting the privilege when the sum is of less amount. In many, perhaps a majority of the states, a jury is allowed to either party requesting it, however small the sum in dispute may be. § 123. In the more important cases in which the liberties and lives of citizens are concerned, besides the security to the rights of persons afforded by the right of trial by jury, additional protection to innocence is provided by the institution of grand juries. As a person might, upon a false accusation, be imprisoned to await a trial, and thus be unjustly deprived of his liberty for a long time, it has been made the supreme law of the land, that no person shall be held to answer for a capital or other infamous crime, unless on a presentment or indictment of a grand jury. An indictment tuted? What means verdict? § 122. How is the right of trial by jury secured? To what extent? § 123. Why are grand juries neces |