town. They have power only to try causes wherein the damages claimed do not exceed fifty dollars; excepting that, in actions commenced by attachment of property, wherein the damages claimed do not exceed one hundred dollars, they have jurisdiction; and they may also take and enter judgment on confession of a defendant for the sum of two hundred and fifty dollars. But they have no power to try assault and battery, false imprisonment, slander or malicious provocation; nor any matters wherein the sum total of the accounts of both parties is more than four hundred dollars. Any justice being a tavern keeper, shall have no power other than that of issuing executions upon judgments rendered by him before he became so disqualified.

488. Actions must be brought before some justice of the town wherein either a plaintiff or defendant resides, or of the town next adjoining. But if a defendant has absconded, the suit may be brought before a justice of the town wherein the defendant or his property may be. If the plaintiff or defendant be a non-resident of the county, the suit may be brought in the town wherein the plaintiff or defendant may be.

489. Either party thinking himself aggrieved by a judgment rendered before a justice, for damages not exceeding twenty-five dollars, may remove the same by a writ of certiorari, to the court of common pleas. And if the judgment exceed that amount, the party to the judgment may appeal therefrom to the said court. In a case brought by certiorari, the judges act without jury, and give their judgment upon the affidavit of the party removing the suit, and the return of the justice, in which the testimony and proceedings before the justice are set forth. Issues of fact brought up, on appeal, are tried by a jury, or referred in the same manner as an original suit. Juries are allowed in all cases in justices' courts, if desired by either party.

indict? 487. How far does the jurisdiction of a justice's court extend? In what case does a justice become disqualified? 488. Where must actions be commenced? 489. How are causes removed in the court of common pleas?

CHAPTER VII.

Of Counties.-County Officers-their Powers and Du

ties.

490. For the more convenient administration of justice, it has been found necessary to divide states of any considerable extent, into districts, with administrations adapted to the management of their local affairs. The first grand division in these United States, is into counties, or shires: these are again subdivided into towns. These districts correspond to similar institutions in England, the country of our ancestors.

491. A county or town, as a body corporate, has certain powers and rights. A corporation or body politic, means a number of persons formed or incorporated into one body, with the power of acting under one name. The word corporation is derived from the Latin, corpus, meaning body. Corporations have a perpetual succession.

when the persons constituting a corporation shall have passed off, and been succeeded by others, the corporation. will still exist. Every state, county or town, as well as every bank or turnpike company, acting under a common name, by virtue of a public law, is a corporation.

492. Each county in the state has a capacity to sue and be sued; to buy and hold lands within its own limits; to buy and hold such personal property as may be necessary to the exercise of its corporate powers; and to make such orders for the regulation and use of its property as the interests of its inhabitants may require.

493. The principal county officers are, the board of supervisors, a county treasurer, a clerk, a sheriff, four coroners, a surrogate, and a district attorney.

490. How are states divided? For what purpose? 481. What is a corporation? 492. What capacity or powers does a county possess? 493. What are the principal officers appointed and elected in

494. The board of supervisors consists of the supervisors of the several towns in the county, who meet annually on a day designated by law, which is, in most of the counties, in the month of October or November; and they may also hold special meetings whenever it may be necessary. Their duties and powers are, to make orders respecting the corporate property of the county; to examine and settle the accounts against the county, and to order the raising of money to defray its expenses; to provide for repairing the court house and jail, and fitting them for the purposes for which they are required. They choose one of their number, at every meeting, to preside as chairman, and appoint some proper person to be their clerk, whose duty it is to record the proceedings of the board, and to preserve and file all accounts passed upon by the board.

495. The county treasurer is appointed by the board of supervisors, and holds his office at their pleasure. He gives a bond, with sureties, for the faithful execution of his duties. It is his duty to receive all moneys belonging to the county, and all moneys belonging to the state, that are by law directed to be paid to him; and to pay and apply such moneys in the manner required by law, and to render a true account thereof to the board of supervi sors and to the comptroller of the state when required.

496. The county clerk is elected by the people at the annual election, and holds his office for three years. He has the custody of all the books, records, deeds, parchments, maps and papers, relating to the business of the office He records, in books prepared for that purpose, all deeds, mortgages, or other conveyances, and all papers and documents required by law to be recorded. He also files all papers required to be filed in his office. He appoints a deputy clerk, who is authorized to perform the du ties of the office. County clerks, except in the county of New York, serve also as clerks of the county and circuit courts held in their respective counties.

each county? 494. What are the powers and duties of the board of supervisors? Of their clerk? 495. How is the county treasurer appointed? What are his duties? 496. How is the county clerk

497. Sheriffs also are elected at the annual election in November, for three years: they may not be re-elected for the next three years. A sheriff is required to give a bond, with sureties, in the penal sum of twenty thousand dollars, for the faithful performance of his duties; and this bond is to be renewed every year. He appoints an under sheriff, who performs the duties of sheriff when the office shall be vacant, and as many deputies as he may think proper. It is the duty of the sheriff to attend the sitting of all courts held in the county; to serve all processes directed to him by any of the state or county courts; to have the custody of the jails and prisons, and the prisoners in the same. Executions issued out of any courts in the state, against the property of any person, are directed to the sheriff of the county in which the person resides.

498. When a person has been slain, or has suddenly died, or has been dangerously wounded, notice is given to the coroner, who goes to the place where such person shall be, and summons a jury to make inquisition respecting such death or wounding. Witnesses are also called, among whom there is a physician or surgeon. The jury, upon inspecting the body of the person dead or wounded, and hearing the testimony, deliver to the coroner their inquisition, in writing, stating in what manner the person came to his death, or was wounded. If a murder or assault has been committed, the coroner binds over the witnesses to appear and testify before the grand jury at the next criminal court to be held in the county. An examination of this kind, into the cause of a person's death, is called a coroner's inquest. Coroners also perform the duties of sheriff, when vacancies happen in the offices of both sheriff and under sheriff.

499. A surrogate is a person that is appointed to make inquiry into, and settle the estates of persons deceased. He exammes witnesses to prove whether the wills made

elected? What are his duties? Of his deputy? 497. How are sheriff's elected? What are their duties? What subordinate officers do they appoint? 498. What are the duties of coroners? What other duties sometimes devolve on them? 499. What are the du

If he be satisfied that a

by such persons are valid or not. will was executed as the law requires, he approves of it. If there be no will, or none that is legal, he appoints an administrator to dispose of the property, and settle the estate. The person exercising the duties of surrogate, is in some states called a judge of probate. Probate is a Latin word, meaning proof; and is used in law to signify the proving of a will. Surrogates, in this state, are appointed by the governor and senate.

500. The district attorney attends the courts oyer and terminer and jail delivery, and general sessions, and conducts all prosecutions for crimes cognizable in such courts. District attorneys are appointed by the judges of the respective county courts.

CHAPTER VIII.

Of Towns.-Election of Town Officers-their Powers ana Duties.

501. Towns are made to comprise such portions of territory as will admit of a direct participation in their government by all the people. The government of a town is therefore purely democratic. Towns are incorporated by a general law of the state; and their organization is uniform, and their powers and privileges are the same, throughout each state.

502. A town, as a body corporate, may sue and be sued; buy and hold lands, within its own limits, for the use of its inhabitants; buy and hold personal property necessary to the exercise of its corporate powers; and make such orders for the disposition and use of its property, as the

ties of a surrogate? 500. What are the duties of a district attorney? How appointed?

591. Of what character is the government of a town? How are towns incorporated? 502. What are its corporate powers? 503. When