9. The place of every traversable fact stated in the pleadings must be distinctly alleged. This is done by designating the town and county in which the fact is alleged to have occurred. Where the place is material, it must be proved as alleged. In local actions, the place is material, and must be stated according to the fact. A local action is one that must be tried in the county in which the cause of action actually arose. All actions in which the thing to be recovered is in its nature local, are local actions. In this class is included all real actions, waste, ejectment, and replevin. If the place be misstated, the plaintiff will be liable to a nonsuit, because the place enters into a description of the action. All criminal proceedings are local. All offences are considered as public wrongs. A public offence must be alleged to have been committed in the county where such offence was actually committed, and in no other. If the proof does not show that the offence was committed as alleged, the verdict must be, not guilty. All facts essential to the right of action or defence must be expressly and substantially alleged. Each party tacitly admits the allegations of the opposite party, which he does not deny in some form. The omission to deny, is justly considered as an admission of the fact. What has been admitted by both parties, cannot be denied. Neither party can retract what he has conceded in his pleadings; and the jury have no authority to find any facts, except those at issue. It is incumbent on each party, in stating the grounds of his action or defence, to state them fully and

9. When must the place be distinctly alleged? How is this done? If the place is material? In what actions is the place material? What is a local action? What may be included in this class? If the place be misstated? Are criminal actions local? How are offences considered? Where must a public offence be alleged to have been committed? If the proof does not show that the offence was committed as alleged? What facts must be expressly and substantially stated? What does each party tacitly admit? How is the omission to deny justly considered? If admissions have been made by both parties? What can neither party retract? What have the jury no authority to do? What is incumbent on each party, in stating the grounds of his action or de

clearly. A pleading should be according to its legal effect. When a bill of exchange is payable, in its terms, to the order of a fictitious payee, the holder, in an action upon it, must describe it as payable to bearer. When the form and legal effect differ, the party may, at his option, instead of stating the legal effect, recite the instrument in his pleadings, word for word, and refer its legal operation to the court.

CHAPTER LXXXII.

ACTIONS.

1. AN action is a judicial proceeding which, if conducted to its final determination, will result in a judg ment. A judgment is the final determination of the rights of the parties in the action. A special proceeding is one which does not terminate in a judgment. Actions are civil or criminal. A criminal action is prosecuted by the people of the State or nation, as a party, against a person charged with an offence against the State or nation. Every other is a civil action. When the same wrong act exposes a person to a civil action and to a criminal action, the prosecution of one action does not release him from liability on the other. If one person assaults and beats another, the State may maintain a criminal action against such person for the public offence; and the person injured may maintain an action for personal injury. The prosecution of one action does not affect the right to prosecute the other.

fence? How should a pleading be made? If a bill of exchange is payable, in its terms, to the order of a fictitious person? When the form and legal effect differ, what may the party do?

1. What is an action? What is a judgment? What is a special pro. ceeding? Into what two classes are actions divided? What is a criminal action? What is every other action? If the same act exposes a person to a civil and a criminal action, does the prosecution of one affect the

2. The following are the courts established in the State of New York: 1. Court for the trial of impeachments; 2. Court of Appeals; 3. The Supreme Court; 4. County courts; 5. Surrogate's courts; 6. Justices' courts. In the city of New York, the duties of justices are performed by two classes of justices. One class attends to the criminal duties, and are called police justices. The other class attend to the civil duties, and are called district justices. The Marine Court in the city of New York performs the duties of justices' courts in civil actions, with a more extended jurisdiction. The court which occupies the place of the County Court, in the city of New York, is known as the Court of Common Pleas. There is a court in the city of New York, and another in the city of Buffalo, known as the Superior Court, which have nearly the same jurisdiction as the Supreme Court in those counties.

3. The court for the trial of impeachments is composed of the Senate and Court of Appeals, sitting together. They take an oath to try the impeachment according to evidence. Two-thirds of the members of the court are necessary to a conviction. A majority of the Senate and a majority of the Court of Appeals compose the court. The president of the Senate presides; in his absence, the chief-justice of the Court of Appeals presides. None but public officers are tried in this court. The Assembly first impeaches such officer, and the impeachment is then tried by this court. If found guilty, the penalty is the

other? If one person assaults and beats another, what two actions may be sustained against him?

2. What are the courts in the State of New York? By whom are the duties of justices performed in the city of New York? To what does the first class attend? What are they called? To what does the second class attend? What are they called? What duties are performed by the Marine Court in the city of New York? What court occupies the place of the county courts in the city of New York? Where are Superior Courts established? What is their jurisdiction?

3. Of what is the court for the trial of impeachments composed? What oath do they take? What number of the court is necessary to convict? What number of each body is necessary to form a quorum? Who presides in the court? In his absence, who presides? Who only are tried in this court? Who impeach such officers? If found guilty

removal from office or disqualification to hold office, or both. The Court of Appeals is composed of eight judges, four of whom are elected by the electors of the whole State, and four are selected from the class of justices of the Supreme Court having the shortest time to serve. The judges of the Court of Appeals hold their office for eight years. One of the four is elected every two years. The four judges of the Supreme Court sit in the Court of Appeals but one year. Four others then take their places. Six judges are necessary to form a quorum. Only questions of law are argued before this court. The court has the power to affirm, reverse, or modify the decision of the general term of the Supreme Court, Superior Court, and Court of Common Pleas, on questions of, law. It holds four sessions annually at the capital of the State. Five judges are necessary to pronounce a judgment. If five do not concur, the case must be reheard. If, after two rehearings, five judges do not concur, the judgment of the court below is affirmed. Where five judges agree, the decision is binding on all the courts of the State. If five do not agree, the question involved is still open for consideration in any future case.

4. For the purpose of electing judges of the Supreme Court, the State is divided into eight judicial districts. Four judges of the Supreme Court are elected in each district. They hold their office for eight years. One is elected in each district every two years. Certain duties

of the charge by this court, what is the sentence? Of what is the Court of Appeals composed? How many are elected by a general vote? From what court are the other four selected? For what time do the judges elected at large hold office? How often is one elected? How long do the four judges of the Supreme Court sit in the Court of Appeals? Who then take their places? How many judges are necessary to form a quorum in this court? What questions are argued and decided in this court? What power has this court? How many sessions does it hold annually? Where? How many judges are necessary to pronounce a judgment? If five do not concur? If, after two rehearings, five judges do not concur? When is the decisions of this court binding on the other courts? If five do not agree?

4. Into how many judicial districts is the State divided, for the purpose of electing judges of the Supreme Court? How many judges are

are performed by each of these judges at chambers-such as granting orders. Other duties are performed in a special term of the court-such as hearing the argument of motions. The trial of actions is heard in the Supreme Court at a circuit. When the Supreme Court try criminal actions, it is known as the Court of Oyer and Terminer. In exercising the powers already mentioned, the court is held by a single judge. There are at least four general terms of this court, held by three judges in each judicial district. Appeals may be taken to the general term, from the trial, by a single judge. The general term may affirm, reverse, or modify the decision of the court below. The concurrence of a majority of the judges holding the general term is necessary to pronounce a judgment. There is a county judge, elected in each county, who holds his office for four years. There are three judges of the Court of Common Pleas in New York City. There are also six judges of the Superior Court of the city of New York. There are four justices of the peace in each town. They hold their office for four years. One is elected annually. There are six police justices, and eight district justices in the city of New York.

5. The people of the State may commence an action for the recovery of any lands belonging to them, held and claimed by any person, within forty years. Any person claiming such land under a grant from the State,

elected in each district? For what time do they hold their office? How often is one judge elected in each district? Where may each judge grant orders? Where does he hear arguments of motions? When does he try actions? When the Supreme Court try criminal actions, what is it called? By how many judges is the court held in exercising these powers? How many general terms of this court are held annually in each judicial district? By how many judges? From what are appeals taken to the general term? What power has the general term in cases brought before it on appeal? What number of judges must concur in the judgment? What judges elected in each county? For what time elected? How many judges of the Court of Common Pleas in New York City? Of the Superior Court? How many justices of the peace in each town? How long do they hold office? How many are annually elected? How many police justices in the city of New York? How many district justices?

5. What actions may commence within forty years from the time the