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. cising 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, 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 fufil the contract 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 prepares 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 witnesses, they are examined. After the case is argued by counsel, the court pronounces its decree.

a year at Columbus? What is it then called? 8. What peculiar powers have these two higher courts? What 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 court of com. mon 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 de cided 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 township 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

conducted? 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

curing to every person the right to be tried by a jury of his equals. As the liberties and lives of men are more valuable than their property, they should be most safely guarded. Hence the constitution declares that no person shall be put upon trial without the previous judgment of a grand jury that he ought to be tried; and every court which has jurisdic tion in cases of crime has a grand jury. [Cons. U. S. Art. 6 of Amend., and Cons. O. Art. 8, Sec. 8.]

15. On the opening of a court, the grand jurors are sworn by the court to make a true presentment of all things given them in charge. The judge then gives them a charge, and appoints one of their number as foreman; and the jurors retire to a private apartment to attend to their duties.

16. The jurors hear all complaints brought before them, against persons for crimes and breaches of the peace, and examine witnesses who appear to testify. If they think the person complained of ought to be tried, they draw up a writing, in which they charge the person with the offence of which they think he is guilty. This is called an indictment. It is signed by the foreman, endorsed "a true bill." and carried by the jury into court. If the person has not before been arrested, he may now be arrested, to be put upon trial. [See Arrest and Examination of Offenders.]

17. The supreme court has no grand jury. When this court is to be held in a county, the clerk draws the names of twelve men as petit jurors, in the same manner as before mentioned, and deposites a list of them with the clerk of the supreme court, who commands the sheriff to summon them. If a sufficient number of jurors is not in attendance at any court to try a suit, the court may at any time order the sheriff to summon others from the bystanders or neighboring citizens. All the jurors must agree in order to a verdict. The manner of conducting trials in the higher courts is the same as in a justice's court.

18. There is another kind of trial, called trial by im

object of grand juries? 15. What is said of swearing and charging them, &c.? 16. How do they transact their business? What is an indictment? 17. Has the supreme court a grand ju? How are petit jurors for this court obtained? 18. How are impeac, ments made and tried?

peachment. Impeachments, however, are not tried in a court of justice, but by the senate, on a charge brought by the house of representatives against a public officer for bad conduct in office. The mode of trial will be found described in a succeeding chapter, on the Government of the United States.

CHAPTER XXVI.

Time of commencing Actions.

1. WE have seen in the three preceding chapters, what provision has been made to enable persons to obtain justice in courts of law; also how suits are conducted through the several forms of prosecution. But it ought to be known also, that a person who wishes to resort to the law for justice, must commence his suit within a certain period, or he cannot maintain his suit, or recover his due. The law lim. iting the times within which actions must be commenced, is sometimes called the statute of limitations.

2. Different periods are fixed for different kinds of actions. If a person has a right or claim to real estate for which he sues, he must bring his action within twenty-one years. If neither he, nor his ancestor, nor grantor, has had possession of the premises for twenty-one years before the suit is commenced, he cannot recover the estate.

3. Actions brought for debts due upon promissory notes, or other obligations or contracts in writing, must be com menced within fifteen years. Actions founded upon simple contracts not in writing, book accounts, and consequential damages, must be brought within six years. A suit may be commenced on book account within six years from the date of the last item of the account of either party.

4. Actions for trespass upon property, or for the recovery

1. May suits be commenced at any time after they become due? 2 Within how many years must an action for a claim to land be commenced? 3. How long may promissory notes and simple contracts respectively run before they outlaw? 4. How long cases of trover? What

of property wrongfully taken by another and converted to his own use, must be commenced within four years. Taking and keeping property in this manner, is called trover: hence, a suit brought to recover for such property, is an action for trover.

5. Actions against another for forcible entry and detainer, or for forcible detainer only, must be commenced within two years. [Detainer is the unlawful taking and holding of property.]

6. Actions for assault and battery, slander for words spoken, or for libel, false imprisonment, and sundry other causes, must be brought within one year. [For a definition of these terms, see Crimes and Misdemeanors.]

7. If a person departs from and resides out of the state before the time when the right to an action commences, an action may be brought against him within the time limited by the law, after his return to the state; that is, the time a debt may run begins anew on his return. But if the right to an action commences; in other words, if a debt becomes due, before the debtor leaves the state, no suit may be maintained after the expiration of the time limited by law for commencing an action.

8. After the right to an action ceases, in consequence of the expiration of the time limited, or as it is commonly expressed, after a debt has become outlawed, an acknowledg ment of indebtedness, or a part payment, which is the same as an acknowledgment, will again renew the debt. Or if a part payment is made at any time before the time limited expires, the time of limitation commences at the time of such partial payment.

9. Persons under age, or insane, or imprisoned on a charge of crime, or in execution under sentence of a criminal court, or married women, are not deemed capable of commencing suits, until their disability be removed. And they may commence suits within the time prescribed by law,

is trover? 5. How long cases of forcible entry and detainer? 6. In what cases here mentioned must suits be commenced within one year? 7. What does the law provide in case a debtor leaves the state? 8. How may a debt, once outlawed, become renewed? 9. What is provided concerning persons under age, insane, or imprisoned for crime, &c ?