duty, except in case of war, rebellion, invasion, the prevention of invasion, the suppression of riots, tumults and breaches of the peace, and to aid civil officers in the execution of the laws and in the service of process.

The active militia are composed of volunteers between the ages of eighteen and forty-five years, and are known as State troops, and in case the services of the military are needed, the State troops are first called out; then, if more are needed, a call is made upon the enrolled militia for volunteers. or by draft.

The principal military officers provided for by law are, the Commander-in-Chief, one Adjutant General, one Inspector General, one Quartermaster General, one Paymaster General and a State Military Board. These officers are appointed by the Governor.

The Adjutant General distributes orders from the Commander-in-Chief, and attends him when ordered, in the discharge of his duties.

The Inspector General has charge of the instruction and mustering of the State troops.

The Quartermaster General has charge of the public magazines, store-houses, arsenals, munitions of war, military stores and other military property of the State.

The law forbids the organization of more than twelve volunteer companies of infantry, prior to January 1st, 1874, but provides that the number of companies may be increased at the rate of four companies in each year thereafter, until the number of twenty-four companies shall be reached; beyond which, in time of peace, there shall be no increase.

The law provides that each regiment shall consist of a Colonel, a Lieutenant-Colonel, a Major, a Surgeon, an Assistant Surgeon, a Chaplain, an Adjutant, a Quartermaster-Sergeant, and not less than eight nor more than ten companies; each

of which companies of infantry shall consist of a Captain, a First-Lieutenant, a Second-Lieutenant, five Sergeants, eight Corporals and not less than thirty-two nor more than seventy privates.

Questions-Who are subject to military duty? Who are exempt ? How are the militia enrolled? To what officer do the County Clerks send the number of persons in their respective counties, liable to military duty? When may the enrolled militia be called into service? When are the enrolled militia subject to active military duty? Of whom are the active militia composed? In case the services of the military are required, what body are first called? Mention the principal State military officers? What are the duties of the Adjutant General? Of the Inspector General ? Of the Quartermaster General? How many volunteer companies of infantry may be organized? What officers are required for a regiment? How many companies in a regiment? What officers are required for each company? How many privates?

CHAPTER XXVI.

OF THE JUDICIAL DEPARTMENT-JUSTICE'S COURTS-JURISDICTION-COMMECEMENT OF SUITS-INCIDENTS OF A TRIAL.

As people often fail to agree with regard to their relative rights and duties, and as they sometimes violate their agreements with each other, and even violate and disobey those rules and regulations prescribed for their conduct, it is necessary that tribunals should be provided to administer justice, to determine and declare the rights of parties, to investigate and decide whether the laws are observed or violated, and to declare and pronounce judgement 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.

Justice's 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 are in question, except in certain cases provided for by law.

Actions may be brought before any Justice of the Peace

where,

First.-The plaintiffs, or any of them, reside; or,

Second. Where the defendants, 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 comitted 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. This 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 differ