try the accused, what is he required to do? May the accused be tried by Jury? If the Jury find the prisoner guilty, what is the Justice required to do? Does the law generally fix the penalty, so as to leave no discretion on the part of the Justice? What discretion is generally given to Justices, in regard to punishment? In relation to those criminal cases which a Justice cannot try, what is his duty?

The duties of Probate Courts, pertain, chiefly, to the settlement of the estates of deceased persons, though some other powers are conferred on this Court by law.

Persons often have reduced to writing what disposition they wish made of their property, and what they desire to be done after their death. This writing the person signs his name to, and at his request, two other persons sign their names to the instrument as witnesses. This instrument is called a will. A will, therefore, is "the legal declaration of a man's intentions of what he wills to be performed after his death." A will is sometimes called a testament.

When a will is filed in the office of the Probate Judge, and he is informed of the death of the person who made it, he appoints a time for proving it, and if, at the time appointed, it appears to the Court that the testator was of sound mind, and that the will was executed according to law, he so decides, and thereupon makes out and delivers to the person designated in the will for that purpose, or to some other suitable person, letters testamentary, or letters of administration.

The person receiving such letters proceeds to take charge of the estate of the deceased, and after paying off debts, if he have any, and expenses of administration, disposes of the residue as provided for in the will.

If a person die without having made a legal will, it is the duty of the Probate Court, when applied to for that purpose, to appoint some suitable person to take charge of, and settle up the business and estate of the deceased. The person so appointed is called an Administrator. Probate Courts have power to appoint guardians for minors, to adjudicate and determine who are the heirs of deceased persons, in certain cases; to entertain proceedings for the condemnation of lands for railroads, and to do and perform many other acts prescribed by law.

Circuit Courts.-The State is divided into twenty judicial circuits, and a Circuit Judge is elected in each circuit, who holds his term of office for six years.

Circuit Courts are held in each organized county at least twice in each year, and four times in each year in those counties having ten thousand inhabitants.

All civil actions and remedies of whatever name or description, and all prosecutions for crimes, misdemeanors, offenses and penalties, except in cases where by law some other court or tribunal has jurisdiction, are to be commenced, heard and determined in the Circuit Courts.

Cases tried in Justices' Courts and proceedings had in. Probate Courts may be appealed to the Circuit Courts. The Circuit Court has general supervisory jurisdiction over all inferior tribunals.

Causes tried in the Circuit Court may, if either party desires it, be tried by a jury of twelve men. All criminal causes in the Circuit Court must be tried by a jury.

The Circuit Courts have equity or chancery powers, and

when acting as a court in what we call equity cases, we refer to it as the Circuit Court in Chancery. The courts of law are limited in their proceedings to certain actions, and according to certain rules. In most cases these actions and rules will enable the courts to do justice by the parties. But as in some cases justice cannot be done to the parties in any of the forms of action known to the courts of law, the case must be submitted to a court not bound by such strict rules.

The courts of law render a general judgment, that a party recover a certain sum of money, or the possession of certain property. The law then directs how that judgment shall be enforced.

The decision or determination of a Court of Chancery is called a decree. This decree, unlike a simple judgment, often contains qualifications, conditions and arrangements to be carried out in the future-such conditions and arrangements as, under the circumstances of the particular case, are just and equitable.

Supreme Court-This court consists of four Justices, who hold their offices for eight years. The people elect one of these Justices every two years, at the Spring election.

The one whose term of office first expires, acts as Chief Justice.

The following will show the names of the present (1874) Justices of the Supreme Court, and the times at which their terms of office will expire:

BENJAMIN F. GRAVES, December 31, 1875.

The Supreme Court has a general superintending control over all the other courts of the State, to prevent and correct

errors and abuses therein. Where, for instance, a Circuit Court has determined a matter pending before it, and a party in interest conceives that in the investigation or determination, the Court has erred in applying the rules of law, the case may be removed to the Supreme Court for review and correction.

In cases tried before the Circuit Court in Chancery, an appeal may be taken to the Supreme Court. In case persons are wrongfully restrained of their liberty, the Supreme Court has power to discharge them. If inferior courts refuse to discharge duties required of them by law, the Supreme Court has power to compel them to proceed; or, it may prevent them from proceeding in a matter without legal authority.

Where it is claimed that inferior courts or tribunals have proceeded in a matter different from the course prescribed by law, the Supreme Court may compel such court or tribunal to certify and send up its proceedings, and thereupon that Court may correct the error, if any has been committed.

The Supreme Court holds four terms each year, at the Capitol.

Questions-To what do the duties of the Probate Court chiefly pertain? What is a will? What is the duty of the Probate Judge in relation to the proving of wills? If a person die without a will, what is the duty of the Probate Court in relation to the property of the deceased? What are some of the other powers of Probate Courts? Into how many judicial circuits is the State divided? What is the term for which Circuit Judges are elected? How often are the Circuit Courts held in each organized county? What is the jurisdiction of Circuit Courts? What are the number of jurors required to try a cause in the Circuit Court? May criminal causes in the Circuit Court, be tried without a jury?

When is the Circuit Court said to be sitting as a Court of Chancery? What is the necessity or occasion for Courts of Chancery? What do we call the decision of a Court of Chancery? Wherein does it differ from a

judgment in a Court of Law? Of how many justices is the Supreme Court composed? Which Justice acts as Chief Justice? Name the Justices and times when their terms of office will expire. What is the general jurisdiction of the Supreme Court? Where are the sessions of the Supreme Court held? How many terms of the Supreme Court are held each year?

CHAPTER XXX.

PUBLIC INSTRUCTION

DISTRICT SCHOOLS-SCHOOL OFFICERS,

THEIR POWERS-PENALTY FOR FAILURE TO SEND CHIL-
DREN TO SCHOOL.

The various townships of the State are divided into school districts, by the School Inspectors. The district officers are a Moderator, a Director, and an Assessor.

The voters of the district are required to meet together on the first Monday of September in each year, to elect a district officer and to vote upon such other matters as may be legally brought before them. Other meetings may be called for certain purposes.

The school officers hold their terms of office for three years; the Moderator being elected one year, the Director the next year, and the Assessor the next, and so on.

The persons qualified to vote at a school meeting are, all electors at a township meeting, and every person, three months a resident in the district, and twenty-one years of age, liable to pay a district tax, whether male or female. The voters at a regular school meeting may designate a site for a school house, or may change such site by a similar vote. The voters also have power to direct the purchasing or leasing of such site; also the building, hiring, or purchasing of a school