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ence between the parties, are called as witnesses. Before they are permitted to testify, they are required to take a solemn vath 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? 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? After the witnesses have been examined, what does the Justice do?

CHAPTER XXVII.

OF JURY TRIALS-HOW JUDGMENTS ARE EXECUTED 03 SATISFIED - CRIMINAL JURISDICTION OF JUSTICES OF THE PEACE.

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 to appear before the Justice.

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

After a judgment has been rendered in a case, it is necessary 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 costs, and to bring the money to the Justice to be paid to the party entitled thereto.

If either party to a judgment rendered in a Justice's Court, feels that justice has not been done him, he may take an appeal to the Circuit Court. In such case the cause is tried in the Circuit Court as if it had been commenced there. A case may also be removed from a Justice's Court by certiorari to the Circuit Court. This is done when a party thinks the proceedings, or some of them before the Justice were not according to law. In such case a copy of the proceedings, together with a brief memorandum of the testimony, and the decisions of the Justice as to the admissibility of any proposed testimony, are sent to the Circuit Court. After inspecting the papers, if the Court thinks the Justice committed no error, his judgment is affirmed, but if the judgment was wrong, it is reversed.

Questions Of how many persons is a jury composed, in a Justice's Court? What are the duties of juries? What is their decision called? If the jury fail to agree, what course is pursued? What is the duty of the Justice when the verdict is rendered? How are jurors procured? How are the judgments of the Justice enforced? Is the judgment of the Justice final? To what courts may cases be removed? In what way? What course is pursued in the Circuit Court, where a case has been appealed? In case of removal by certiorari?

CHAPTER XXVIII.

OF PROCEEDINGS BEFORE JUSTICES OF THE PEACE, IN

CRIMINAL CASES.

Justices of the Peace have power to hear and determine certain criminal cases. Among them may be mentioned, larceny, where the goods stolen are not worth more than twentyfive dollars; simple assault and battery; destroying, removing or injuring any mile-stone or mile-board, or defacing any inscription or device upon, or doing injury to any guide-post or guide-board; maliciously killing, maiming or disfiguring any horses, cattle or other beast of any other person, or injuring or destroying other personal property, where the injury done does not exceed twenty-five dollars; destroying or breaking down monuments erected for the purpose of desig. nating boundary lines; for wilfully defacing any building or sign-board; wilful trespasses, and all other offenses punishable by fine not exceeding one hundred dollars, or punishable by imprisonment in the county jail not exceeding threemonths, or punishable by both said fine and imprisonment.

Upon complaint made to any justice that any of the offenses that may be tried before him have been committed within the county, he is required to examine the person making the complaint under oath, and to reduce the complaint to writing, and have the complainant sign it. If he thinks that an offense has been committed, he is required to issue his warrant for the arrest of the person accused. On being brought before the Justice, the charge is read to him, and if he admits his guilt, the Justice at once renders judgment against him, which judgment fixes the penalty the prisoner is to pay or the

imprisonment he must suffer. If he does not admit his guilt, the Justice proceeds to try him, unless he demands a trial by jury, in which case a jury of six men are summoned, as in civil cases, before whom the cause is tried.

The Jury determine and decide whether the accused is guilty or not. If they find him guilty, they so declare, and the Justice proceeds to pronounce sentence-that is, to declare what punishment the person convicted shall suffer.

In some cases the law fixes the precise penalty to be inflicted; but in most cases certain limits are fixed, within which the Justice may exercise his discretion. When the law provides that the punishment shall be by imprisonment, not exceeding ninety days, the Justice may fix the punishment at any length of time not exceeding ninety days.

Justices of the Peace have no authority to try criminal cases where the offense is punishable by a fine exceeding one hundred dollars, or is punishable by imprisonment for more than ninety days. Nevertheless, a Justice has power to cause persons accused of offenses that he cannot try, to be arrested and brought before him; and if, upon examining into the case, he has good cause to suspect that such an offense has been committed, and that the person accused thereof is guilty, he may require him to enter into bonds for his appearance at the next term ot the Circuit Court (or if in the city of Detroit, at the next term of the Recorder's Court), and in case he fail or refuse to give such bonds, the Justice is required to make out a written order, called a warrant of commitment, which authorizes the Sheriff of the county to receive and keep the accused in the county jail to await his trial.

Questions.-Mention some of the offences for which a Justice of the Peace may try a person accused. What is the limit of a Justice's jurisdiction with reference to the extent of punishment? When complaint is made to a Justice that an offence has been committed, for which he may

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