declare and pronounce judgment according to law and the just deserts of the citizen. These determinations are called. judicial.

By the Constitution of this State, the Judicial power is vested in one Supreme Court, in Circuit Courts, in Probate Courts, and in Justices of the Peace. Municipal courts with civil and criminal jurisdiction may be established by the Legislature in cities.

Justices' Courts - Justices of the Peace are elected for four years. All civil actions, that is, where money is claimed,. where the debt or damages claimed do not exceed one hundred dollars, must be brought before Justices of the Peace; and where the amount claimed, in actions upon contract, exceeds one hundred, but does not exceed three hundred dollars, the action may be brought in the Circuit Court or in a Justice's Court; but a Justice of the Peace has no authority to try actions for a disturbance of a right of way, or for libel, or slander, or for malicious prosecutions, nor where the title to land is in question, except in certain cases provided for by law.

Actions may be brought before any Justice of the Peace of the city or township,

First-Where the plaintiffs, or any of them, reside; or, Second-Where the defendunts, or any of them, reside; or, Third Before some justice of another township or city, in the same county, next adjoining the residence of the plaintiff or defendant, or one of the plaintiffs or defendants; or, Fourth-Before some justice of a city in the same county, formed from a township or townships next adjoining the residence of the plaintiff or defendant, or one of the plaintiffs or defendants.

Persons having matters in difference between them, may go voluntarily before a justice and submit their cause; but

this is seldom done. Suits are usually commenced by process, namely, a summons, a warrant, an attachment, or writ of replevin.

A justice's summons is a writing signed by the Justice and addressed to any Constable of the county in which the Justice resides, commanding him to summon the defendant to appear before the Justice at his office, at a certain time named, to answer unto the plaintiff. The officer is required to execute the summons, if the defendant be found, by reading it to him, and (if he require it) delivering him a copy; but if the defendant be not found, the officer is required to leave a copy of the summons at the defendant's last place of abode, in the presence of some one of the family of suitable age and discretion, who shall be informed of its contents.

An attachment, in addition to the summons, contains an order requiring the officer to seize the defendant's property. This, however, is not authorized, unless the plaintiff makes oath, in writing, that the defendant is doing or has done some act mentioned in the law, to defraud his creditors, or that he has absconded to the injury of his creditors, or does not reside in the State, and has not resided therein for one month immediately preceding the time of applying for the attachment; or that he fraudulently contracted the debt, or incurred the obligation concerning which suit was brought.

Where a person shows by affidavit that he has a claim against another for money collected as a public officer, or for damages arising from the misconduct or neglect of the defendant in any professional employment or public office, or that there was fraud or breach of trust; or where the defendant has committed a trespass or other wrong, or has incurred a penalty or forfeiture for a violation of some law of this State, such person is entitled to a warrant from the Justice, which authorizes and requires him to arrest the defendant, and to

bring him forthwith before the Justice, to answer unto the plaintiff.

In case a person has in his possession property which he has no right to keep, the person who has a right to it, if the property does not exceed in value one hundred dollars, may apply to a Justice for a writ to authorize the Constable to take and deliver such property to the plaintiff. The writ is called a writ of replevin, and after it is executed, the parties have a trial before the Justice, to determine who has the right to the possession of the property. If the plaintiff fails, he must return the property to the defendant, or pay him the value of it.

In whatever way a suit is commenced, a trial must be had, to determine the rights of the parties.

Either party may manage his own case before the Justice, or may have an attorney for that purpose. Before proceeding to the trial, the parties put in their pleadings; that is, make a statement of their claims. These statements are usually in writing. Making these statements we call, joining issue. When this is accomplished, the Justice proceeds to try the issue. Those persons who know about the matters in difference between the parties, are called as witnesses. Before they are permitted to testify, they are required to take a solemn oath or affirmation to testify truthfully. The oath is administered, substantially as follows:

The witness is required to raise his right hand, and the Justice then says: "You do solemnly swear that the testimony you shall give upon the trial of the issue now here joined, wherein John Doe is plaintiff and Richard Roe is defendant, shall be the truth, the whole truth, and nothing but the truth. So help you God."

Some people think it wrong to take an oath. In such case, when they are required to give testimony, they affirm.

The affirmation is administered by the Justice, as follows: "You do solemnly and sincerely affirm that the testimony you shall give upon the trial of the issue now here joined, wherein John Doe is plaintiff and Richard Roe is defendant, shall be the truth, the whole truth, and nothing but the truth; this you will do, under the pains and penalties of perjury."

After the witnesses have made their statements, and answered all proper questions put to them, and the parties or their attorneys have argued the case to the Justice, he decides it, and records in a book kept for that purpose, called his docket, his judgment.

Questions --For what purposes are judicial tribunals provided? In what courts is the Judicial power of the State vested? What civil actions may be brought before a Justice of the Peace, and what not? Where may actions be brought before Justices of the Peace? How are suits commenced? What is a summons? How is the summons to be executed? What does a writ of attachment contain? What must a plaintiff show in order to entitle him to a warrant against the defendant? What does the warrant require? What is the office of a writ of replevin? When this writ is executed, what is to be done in the suit? Who may conduct the trial? How do the parties join issue? What proceedings follow the joining of issue? Give the form of oath administered to witnesses. Of the affirmation. witnesses have been examined, what does the Justice do?

After the

CHAPTER XXXVI.

OF JURY TRIALS- HOW JUDGMENTS ARE EXECUTED OR SATISFIED

Whenever a suit is commenced before a Justice of the Peace, either party desiring it may have it tried by a jury.

A jury in a Justice's Court consists of six men, who are required to sit together before the Justice and hear the proofs and allegations of the parties. They take an oath to discharge their duties faithfully. The Justice decides what testimony is proper to be submitted to the Jury. After the parties have introduced all their evidence, and have said, either in person or by attorney, what they desire to say to the Jury, by way of argument, the Jury, under the charge of a Constable, retire to another room and there talk the matter over and agree upon a decision; and when they have thus agreed, they return into Court and inform the Justice what conclusion they have arrived at. This decision is called a verdict, and means a true saying. If the Jury fail to agree, the Justice calls another jury who proceed to try the case, unless the parties consent that the Justice may try it.

When the Jurors have agreed upon their verdict, the Justice makes a record of their decision in his journal, and renders his judgment thereon.

In procuring a jury, the Constable writes down the names. of eighteen good men of the county, and each party strikes off or rejects six of the persons named on the list, and those whose names remain, constitute the Jury, who are summoned appear before the Justice.

to

The party who fails in the case, is required to pay to the other party his costs.

necessary

After a judgment has been rendered in any case, it is that it should be enforced. This is done by the Constable, who acts by authority of a written order issued by the Justice, called an execution. Suppose a judgment is rendered in favor of a party for a sum of money: the Justice issues his execution, in which he commands the Constable to levy upon the property of the party against whom the judgment was rendered, and to sell enough to pay the debt and