or violent death, with the aid of a jury, that prosecutions may be made, when the law has been violated.. The expenses of maintaining the county are charged upon the polls and estates of the inhabitants of towns within the county; excepting that fines and costs of suit are credited. These expenses relate, almost exclusively, to the administration of justice, county roads and county bridges. When there is need of an expenditure for the use of the county, an estimate is sent to the legislature of the sum wanted. The legislature may grant a tax to be collected in the towns of the county, according to their proportions.

95. The county treasurer, who is chosen by the inhabitants of towns in the county, is to the county what the state treasurer is to the state. Each county builds its jail, court. house, county offices, and pays its own jurymen, and other county expenses.

96. The most limited judicial power is exercised by justices of the peace, who are nominated by the governor, approved by the council, and commissioned under the seal of the state, to act throughout the counties in which they respectively reside, for the term of seven years. There are three sorts of justices:-1. those above mentioned; 2. justices of the quorum, which means a superior magistrate to a mere justice; and when certain acts are to be done by two, they are to be done by two (quorum, Latin for) of whom one shall be such superior; 3. justices who are not limited to a county, but who are such throughout the state.

97. They have powers defined by law. Among them are the following:-On a complaint made on oath, they can issue a warrant to take the person accused, and bring him before the justice who issues the warrant, or any other justice in the county. This warrant is a writing, made by the magistrate, and addressed to a sheriff or constable, who is therein commanded to take the person complained of. If the offence be such that the justice can try the accused, and punish him by a fine, he may do so. If the offence is of such a nature that the accused is to be tried in a higher court, the justice commits the accused to jail, to await his trial; or takes a recognizance of the accused and his sureties, for appearance at court to take his trial.

98. A recognizance is an acknowledgment of debt to the commonwealth, in the sum required by the justice, which debt is satisfied, if the party appears and takes his trial. If he does not appear, the debt is good against him and his

dictment to the jury. The state's counsel explains the case, and calls witnesses to prove it. In every county there is an attorney for the state, who acts for the state in the Common Pleas. The attorney general and solicitor general are the law officers of the state, and act in the Supreme Judicial Court in state prosecutions. The prisoner, by himself or counsel, states his defence, and calls witnesses to prove it. His counsel argues the case to the jury. The state's counsel closes the argument for the government. The judge then instructs the jury, by stating what the accusation is, the manner in which it has been supported and resisted, and what the law is in such case; and concludes by telling them, that they are to judge of the weight of evidence, and whom of the witnesses they will believe or disbelieve, if there is contradictory testimony, and to decide, on the whole matter, whether the accused is guilty or not.

111. They are also instructed, that, if they have reasona ble doubts of the guilt, these doubts are to weigh in favor of the prisoner; and that he is not to be found guilty, unless they are satisfied that he is so. If the accused is found not guilty, he is discharged. If guilty, the judge sentences him to such punishment as the law has provided, which may be a fine and imprisonment in the common jail, or a fine only. The Supreme Court can sentence to a certain number of days' solitary imprisonment, and to a certain number of years of hard labor, in the state's prison, as the case may be.

112. Thus every protection for innocence is secured, and all means of defence, consistent with the administration of justice, are permitted. The innocent can hardly be found guilty in any case, though the guilty may sometimes escape

113. The trials of civil causes are conducted much in the same manner. Civil causes, suits or actions are lawsuits between one citizen and another. They are civil, not criminal. They are causes for judicial inquiry. They are actions, because the complainant is an actor. They are suits (from the French suivre, to follow), because they go on regularly from beginning to end. A lawsuit means a complaint by one person against another, to an authority which has power to do justice. The injured party is supposed to complain to the state. The state commands the sheriff to make known this complaint to the party complained of, and to summon him, or take his body, so that he be in court, at the proper day, to answer to the complaint before the judges. The

complaint is made to the state through these means:-The statute laws provide for the forms in which the grounds of complaint may be set forth. These forms are printed, with blank spaces for names of parties, and for stating the facts of each particular case. The clerks of courts provide these printed forms, and put the seal of the court to them, and sign them. The lawyers get them from the clerks. A citizen who has a cause of action, goes to a lawyer, and states his case, or complaint. The lawyer fills up one of these blank forms, according to the nature of the case, and thus makes a writ, which he delivers to a sheriff, who finds it to be the command of the commonwealth to him, to do as above stated. The sheriff obeys, and returns the writ to the court, with his certificate thereon of his doings. The judge proceeds on this writ, as the proper evidence that a suit is legally commenced, At the proper day, the parties appear in court, by their attorneys, and the suit goes on. The word attorney is from the Latin, and signifies a person who is lawfully authorized to act for and in the name of another. Any one, who has a legal capacity to act for himself, can empower another to act for him, by a written instrument, usually called a power of attorney. Lawyers are officially attorneys, and are so considered by the court, without a written authority. The party complained of either admits the truth of the complaint, and submits to judgment; or denies the truth of the complaint generally; or states, in a writing called a plea, why the complaint ought not to be sustained.

114. In this way, some question of fact or law is raised upon the whole matter. If it is a question of fact, the jury try the case, hearing witnesses, evidence and arguments or both sides; and find, on the facts submitted to them, for one party or the other; and the court render judgment on their verdict. If the case results in a question of law, the court decide on that, and render judgment. If no appeal is claimed to the Supreme Judicial Court, the successful party is entitled to a writ called an execution, which is a command, in the name of the commonwealth, signed by the clerk of the court, and addressed to the sheriff, who is required to execute it. This writ is adapted to the case, and thereon the sheriff is to give possession of land; or to take personal property, and sell it, to pay the debt; or to commit the debtor to jail, if no estate can be found to satisfy the demand; or to do such other act, to execute the judgment, as the precept commands him to do. When a debtor cannot pay, it seems

contrary to the laws of humanity to treat him like a criminal, and as though he had forfeited his social rights among his fellow men.

CHAPTER XI.

Supreme Judicial Court.

It

115. THIS is the highest judicial tribunal in the state. consists of four judges, who are appointed and commissioned by the governor and council. They hold their offices during good behavior, and receive fixed salaries from the state treasOne of these magistrates goes, once in every year, into each county of the state, except Duke's county (appeals in this county being tried in the neighboring county of Bristol), to try civil and criminal causes, in the same manner as such causes are tried in the Court of Common Pleas.

ury.

116. Criminal and civil causes come before them on appeal from the Common Pleas; except suits in equity, and appeals from the probate courts; and except, also, a small number of cases, which originate in the Supreme Court.

117. The four judges, or a majority of them, hold a court in different parts of the commonwealth, for the several counties (or for some two or more counties, comprised in one jurisdiction for this purpose), once in every year. This session is held for the trial of criminal cases in which the accused may be condemned to death, and for the purpose of deciding those questions which have arisen before one judge, and which have been reserved for the decision of all the judges. Cases are reserved in this manner :-A question of law arises in a jury trial, on which the judge is not prepared to give a decisive opinion. He declares the law to be as it then seems to him; but he may, if he pleases, reserve the question to be more deliberately considered by all the judges. The trial goes on, and the jury find a verdict. The facts found by the jury, and the question of law, are brought before all the judges, and argued by counsel. If the opinion given at the trial is confirmed, judgment is rendered on the verdict; otherwise, a new trial is ordered. Some cases are reserved thus:-The judge having stated the law to the jury, the counsel of either party, who thinks the law to have been erroneously stated, moves the judge to reserve the case for the consideration of all the judges. This is usually done;

and so much of the case as is necessary for the purpose is brought before all the judges, and disposed of in the manner before stated.

Sometimes parties agree on a statement of facts, and put them in writing, and the court hear arguments, and decide thereon, and pronounce such judgment as the case requires. This being the Supreme Court, it has the power, in the proper modes, of revising the proceedings of all inferior judicial tribunals, and of correcting all errors. The judgments rendered at the courts held by all the judges, are those which are made public by a reporter, in printed volumes. These volumes are books of authority; and the cases in them are cited by counsel, in arguing causes, and are referred to by the court, in forming and delivering their judgments. The reporter is appointed by the court, and has a salary (by no means too great for his services) from the state treasury.

118. No other mode of putting a convict to death but that of hanging is provided by the law of this state. Whipping, disfiguring the person, sitting on the gallows, or standing in the pillory, branding, &c., have been abolished many years: and fines, and a longer or a shorter imprisonment, and hard labor, substituted.

119. The duties of the Supreme Court of this state are exceedingly laborious, and highly responsible. They are performed with unsparing diligence and faithfulness, and with eminent ability. While such tribunals are upheld, and faithfully supported by the people, property, character, liberty and life are as safe as human society permits; and safe from all peril but that which the united military strength of the citizens cannot successfully resist.

120. This court exercises judicial powers as a court of equity, or chancery. Equity trials are conducted without the aid of a jury. In most actions in courts of law, except those which are brought to recover possession of real estate, the object is to recover money to compensate for damage done by non-performance of some contract, or for the having done some injury. A chancery suit arises where a party seeks to have a trust executed; or a contract performed according to its terms; or to establish that some fraud has been committed, and to obtain relief; or to prevent the doing of some injurious act, until the right at law can be tried; and in many other cases, where there is not a plain and adequate remedy in a court of law. A chancery suit begins by presenting to a court a written complaint, called a bill in chan