that he has a good case, or that errors have been made in the trial, he may through his counsel apply for a new trial. If this is granted, it proceeds before a new jury in the same manner as the first trial. If a new trial is refused, he may appeal to a higher court. The Supreme Court is the highest State court to which any citizen can appeal.

In a criminal case, if the verdict be "Not guilty," the prisoner is at once released. The State has no right of appeal.

Judgment and Sentence.—When the verdict of the jury has been given, the decision of the court soon follows. In a civil case this is called the judgment, and in a criminal case the sentence. The person obtaining a judgment may cause the personal property and, if necessary, the real property of the adjudged person to be seized and sold by the sheriff to the amount of the judgment obtained. If found guilty in a criminal case, the person is sentenced to undergo the penalty of the law. A prisoner may appeal to the Governor for pardon, or respite, or commutation of sentence. The carrying out of the sentence imposed is the execution. The term is applied to the lawful infliction of the death penalty; but it is also lawfully employed to name the writ empowering an officer to carry any judgment into effect.

QUESTIONS

What great right of the people has been jealously guarded?
Why is one jury called the grand jury, the other the petit jury?

Why make use of a wheel in drawing a jury panel?

What is meant by subpoenaing a witness?

How is a petit jury selected?

Why is there such a thing as a peremptory challenge of a juror?

CHAPTER XIII

THE JUDICIARY (II)

Wherein the Judicial Power is Vested. The judicial power of the Commonwealth is vested (101) in a supreme court, a superior court, in courts of common pleas, courts of oyer and terminer and general jail delivery, courts of quarter sessions of the peace, orphans' courts, magistrates' courts, and in such other courts as the General Assembly may from time to time establish. The superior court named in order above was established by the General Assembly in 1895 through the exercise of the power conferred by the constitution.

Jurisdiction Defined. In its most general sense, jurisdiction is the power to make, declare, or apply the law. It may be limited to place or territory, to persons, or to particular subjects. When used in regard to the judiciary department, it means the judicial authority over a cause or class of causes. It is the legal power, right, or authority of a particular court to hear and determine causes, to try criminals, or to execute justice. A court of justice is said to have original jurisdiction when a case may be begun or originated in that court. The decision or judgment of any court of justice, except the highest in the system, is not necessarily final. Many cases tried in the lower courts, as courts of original jurisdiction, may be appealed to the higher courts for reconsideration. The higher courts, under such circumstances, are said to exercise appel

late jurisdiction, the case being brought to the higher court by appeal. The law defines the grade of court or courts in which a case may originate; and also determines whether or not a case may be appealed to a higher court. The law provides that some classes of cases may originate in either of two grades of courts. Such courts are said to have concurrent jurisdiction.

Justices' Courts.-The courts of lowest grade in jurisdiction and simplest in procedure are the justices' courts, presided over by justices of the peace, burgesses, aldermen, magistrates, and mayors. These courts are discussed at length under their respective headings: township, borough, and city governments.

County Courts.-Counties were organized from the first on the general plan of judicial districts, although each county is not necessarily a separate district; yet each county has its own courts. Under the laws of the Commonwealth, the county courts have wide original jurisdiction over nearly all civil and criminal cases that arise in the course of the affairs of life. Their appellate jurisdiction extends over the greater part of the petty cases over which the justices' courts exercise original jurisdiction..

of

Courts of common pleas, of quarter sessions of the peace,

oyer and terminer and general jail delivery, and orphans' courts, are held regularly in each county seat, and are conducted in large part by county officers. The court of common pleas exercises jurisdiction in all civil cases. The terms of the two criminal courts-oyer and terminer, and quarter sessions of the peace-are identical; they have the same officers and jurors, and differ only in the nature or degree of the cases brought before them. The court of oyer and terminer-"to hear and to determine”—has jurisdiction in cases

of murder, forgery, robbery, burglary, arson, and other grave crimes. The court of quarter sessions of the peace exercises jurisdiction in cases of petty crimes, such as theft, assault and battery, etc. The orphans' court settles the estates of deceased persons, and has jurisdiction over the estates of orphans and other wards. The terms of the several courts usually begin at the same time and are held by the same judges (109). In large counties the terms of orphans' court are arranged for independently, but elsewhere they are held in connection with the other courts.

Juvenile Courts.-Under the Act of May, 1901, judges of the county courts may establish juvenile courts in which cases with a criminal tinge, involving children under sixteen years of age as culprits, may be considered. An order is made by the courts of oyer and terminer and the courts of quarter sessions naming one or more judges of their number to preside over children's court, and designating the place for the trial of cases. The law is intended to dissociate the trial of children from those of adults, for the moral effect. Besides providing for court proceedings against children, the juvenile court has power to regulate the treatment and control of unfortunate children. A prominent feature of these courts is found in the probation officers who aid the court officers in investigating the cases which arise. Their duties are numerous, and in criminal cases these officers look after the children and take the place of the sheriff. The detention of children in jails or prisons where adults are confined is forbidden. Actions concerning children are brought directly before these courts, and not before magistrates. Any responsible person may enter juvenile court and report the condition of neglected children. The court is empowered to take children from their homes and place them in charitable institutions.

Women interested in charitable work are often appointed probation officers. One difficulty found in the work of these courts is the lack of any provision for places of detention. Notwithstanding its defects the law establishing these courts has amply proved its usefulness, and it will continue to be the means of dealing with young offenders in a manner calculated to prove beneficial to them and to the Commonwealth. The methods which these courts provide are a great improvement upon those formerly used in such cases.

Judicial Districts.-The State constitution provides (105) that whenever a county contains 40,000 or more inhabitants it shall constitute a separate judicial district, and shall elect one judge learned in the law; and the General Assembly shall provide for additional judges as the business of the district may require. Under this provision most of the counties form separate judicial districts. Counties containing a population less than is sufficient to constitute separate districts are formed into convenient single districts, or, if necessary, may be formed into joint districts of two or more counties in each (104).

The present judicial districts were established by the Act of Apportionment of 1901; the number of judges to be elected in each district is also therein stated. There are fifty-six districts. The city and county of Philadelphia constitutes the first district; it has fifteen judges in the common pleas, and four in the orphans' court. The county of Allegheny forms the fifth district, and has nine judges in the common pleas and three in the orphans' court. Three districts have three judges in the common pleas and one judge in the orphans' court. Four districts have two judges in common pleas and one judge in orphans' court; seven districts have two judges for all courts. The other districts have one