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 causes be removed? In what way? What course is pursued in the Circuit Court, where a cause has been appealed? In case of removal by certiorari?

CHAPTER XXXVII.

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 twenty-five 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 guidepost 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; destroyingor breaking down monuments erected for the purpose of designating boundary lines; for willfully defacing any building or sign-board; willful trespasses, and all other offenses punishable by fine not exceeding one hundred dollars, or punishable by imprisonment in the county jail not exceeding three months, 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 it appear 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 of 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 offenses 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 offense has been committed, for which he may 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?

CHAPTER XXXVIII.

PROBATE COURTS THEIR GENERAL DUTIES AND POWERS CIRCUIT COURTS AND SUPREME COURT -THEIR DUTIES AND POWERS..

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 deatn. 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 ir. 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