tion extends to all cases in which the common law affords no relief, or not that relief which equity requires. If a person refuse to fulfil or execute a contract for the sale of land, the vendor may sue at common law, and obtain damages; but to compel the performance of the contract, a decree of the chancellor is requisite; and if the vendor will not execute a deed of conveyance, the same may be done by a master in chancery, of whom one or more are appointed in every county, and who perform many other duties, by order of, and as assistants to, the chancellor : stating accounts, estimating damages, administering oaths, taking affidavits, selling land, &c.

474. This court also, by injunction, prohibits persons from doing acts that are against equity. A judgment debtor may be restrained from disposing of his property; banks may be restrained from doing further business in case of supposed insolvency or unfairness in their operations; proceedings in law may be stayed; persons may be restrained from committing wastes or injury on lands; and many other like restraints are imposed, and protections afforded, by injunction. The chancellor has the power also of dissolving marriage contracts, and of decreeing divorces.

475. In this court, no process is issued, until a bill of complaint shall have been filed by the plaintiff with the clerk of the court, who then issues a subpoena, commanding the party complained of to appear before the court on a day mentioned in the subpoena. The defendant makes his answer, also in writing. Witnesses are examined on both sides. These proceedings are had before an examiner in chancery, who transmits them, with all the testimony, to the vice chancellor for adjudication. If the defendant does not appear to answer to the complaint, the decree of the court is made upon the facts set forth in the complainant's bill.

general purpose was this court instituted? What are the duties of a master in chancery? 474. For what purposes are injunctions laid? 475. What is the course of proceeding in a chancery suit?

476. Solicitors in chancery are in the nature of attorneys in courts of common law; they manage the pleadings, prepare questions for witnesses, and do every thing that is done in a cause where the party does not appear in person. Masters and examiners in chancery are appointed for every county in the state, by the governor and senate, for the term of three years; clerks are appointed, and solicitors are licensed, by the court.

477. The principal business of the supreme court is to review the proceedings of the lower courts, in cases that have been brought before it by appeal. It holds four terms annually. Issues involving sums in controversy exceeding fifty dollars, are joined in the supreme court.

478. The state is divided into eight senate districts; in each of these there is a judge, who holds annually at least two circuit courts, and courts of oyer and terminer and jail delivery, in every county. He has power, and it is his duty, to try issues joined in the supreme court; to record all non-suits and defaults before him; and to return the proceedings into the supreme court. His duty as judge at the court of oyer and terminer, is to try crimes and misdemeanors, committed or triable in the county. He has power to try all indictments found in the court of general sessions. Crimes and misdemeanors of the highest grade, are tried in this court.

479. A court of common pleas, consisting of a first judge and four associate judges, is held in every county, and has power to try actions arising within the county, and all transitory actions, although the same may not have arisen within the county; and to hear and determine appeals from justices' courts. It has also the power to try issues joined in the supreme court, as the circuit court. Any three judges of the county courts have power to hold a court of common pleas, or of general sessions of the

peace.

What are the duties of an examiner? 476. What are solicitors in chancery? How are the several officers of this court appointed? 477. What is the business of the supreme court? How constituted? (See constitution.) 478. How are circuit courts constituted? What are their powers? 479, 480. How are courts of common pleas

480. When a sufficient number of judges shall not appear at a court of general sessions, justices of the peace shall be associated with a judge or judges. This court has power to try and punish all crimes and misdemeanors not punishable with death, or imprisonment for life; and to send all indictments for offences not triable therein, to the next court of oyer and terminer and jail delivery for trial. The duties of this court are numerous.

481. The salaries and compensation of judicial officers are as follows: The chancellor and the three justices of the supreme court have a salary of $2500 each; the circuit judges, $1600 each; senators as members of the court of errors, when the legislature is not in session, have the same compensation as is received by members of the legislature. Judges of county courts receive two dollars a day, during their attendance at court.

482. A court of special sessions, consisting of three justices of the peace, or two justices and one judge of the county court, may be held for the trial of certain offences against the peace.

483. For the administration of justice in the several cities in this state, or most of them, special provisions are made by law; and their courts are in many respects differently constituted from those in the several towns and counties in the state.

484. Juries for the trial of issues of fact are thus obtained: The supervisor, town clerk and assessors of the several towns, make a list of persons to serve as jurors, who shall be free from all legal exceptions, of approved integrity, of sound judgment and well informed. The names of these persons are transmitted to the county clerk; from which he draws, fourteen days before the holding of every court, the names of thirty-six persons to serve as jurors, and any additional number that shall have been ordered. The slips of paper on which the names are

and general sesions constituted? What are their powers? 481. What is the compensation of the several judicial officers? 482. Of what do courts of special sessions constitute? 483. What provision is made for administering justice in cities? 484. How are lists

written, are put into a box, and shaken so as to mix them as much as possible; and they are then drawn out by the clerk, in presence of the sheriff and a judge of the county. The list so drawn is then delivered to the sheriff, who summons the persons named therein to attend the sitting of the court. These are called petit jurors, twelve of whom sit on every trial, and all must agree in order to conviction or judgment.

485. Grand jurors are obtained in the same manner as petit jurors, except that the list is prepared by the supervisors at their annual meeting. Not more than twentythree, nor less than sixteen persons, are sworn on any grand jury. One of their number is appointed by the court as foreman, who administers the oaths to witnesses appearing to testify before the jury. Every grand jury appoints one of their number to be clerk. The minutes are preserved and delivered to the district attorney, when so directed.

486. It is not the business of grand juries to try issues. They attend during the sitting of the courts, to hear complaints that may be brought before them for breaches of the peace, or for crimes; and declare whether or not the person complained of shall be put upon his trial. If twelve of the jurors are of opinion that he ought to be tried, the district attorney draws up an indictment, stating the crime charged upon him. The foreman signs in behalf of the jury, and it is carried by the jury to the court. The accused is then called to be put upon trial. If he has never been arrested, a warrant is issued to arrest him; and if he be not ready for trial he is put into prison, unless he give bail for his appearance for trial at the next court. On indictment for capital offences, this privilege may not be given.

487. Justices' courts are courts of the most limited jurisdiction, and are held by the justices elected in each

of petit jurors prepared? How many are drawn? By whom? In what manner? 485. How are lists of grand jurors prepared? What number may be sworn to serve? 486. How is the busines s of the jury conducted? What number must be agreed in order to

town. They have power only to try causes wherein the damages claimed do not exceed fifty dollars; excepting that, in actions commenced by attachment of property, wherein the damages claimed do not exceed one hundred dollars, they have jurisdiction; and they may also take and enter judgment on confession of a defendant for the sum of two hundred and fifty dollars. But they have no power to try assault and battery, false imprisonment, slander or malicious provocation; nor any matters wherein the sum total of the accounts of both parties is more than four hundred dollars. Any justice being a tavern keeper, shall have no power other than that of issuing executions upon judgments rendered by him before he became so disqualified.

488. Actions must be brought before some justice of the town wherein either a plaintiff or defendant resides, or of the town next adjoining. But if a defendant has absconded, the suit may be brought before a justice of the town wherein the defendant or his property may be. If the plaintiff or defendant be a non-resident of the county, the suit may be brought in the town wherein the plaintiff or defendant may be.

In a case

489. Either party thinking himself aggrieved by a judgment rendered before a justice, for damages not excceding twenty-five dollars, may remove the same by a writ of certiorari, to the court of common pleas. And if the judgment exceed that amount, the party to the judg ment may appeal therefrom to the said court. brought by certiorari, the judges act without jury, and give their judgment upon the affidavit of the party removing the suit, and the return of the justice, in which the testimony and proceedings before the justice are set forth. Issues of fact brought up, on appeal, are tried by a jury, or referred in the same manner as an original suit. Juries are allowed in all cases in justices' courts, if desired by either party.

indict? 487. How far does the jurisdiction of a justice's court extend? In what case does a justice become disqualified? 488. Where must actions be commenced? 489. How are causes removed in the court of common pleas?