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duties may be considered as more properly falling under the head of "Judiciary," or "Courts of Justice," where they will be given.

CHAPTER VI.

Judiciary of the State of New York.

No government can be said to be complete in which provision is not made for the effectual administration of justice. The end of all judicial power is, first, to oblige citizens to do what they should do between themselves, and to make reparation for wrongs; and, secondly, to punish them for crimes, and offences against the community. It must therefore be of the first importance, that persons possessing the soundest judgment, and unyielding integrity, be always selected to exercise this power. To secure this object, the constitution has made ample provision in the general government; and the state constitutions, generally, embrace similar provisions.

The several courts constituting the judiciary of the state of New York, are the following:

Court of Errors. This court also tries impeachments. It consists of the president of the senate, the senators, the 'chancellor, and the justices of the supreme court. As a court of errors, its business is to decide cases brought by appeal from decrees in chancery, and by writ of error from judgments of the supreme court. Upon questions

What is the object of judicial power? Of what officers is the court of errors composed? What are its powers? In whom are

affecting the merits of the cause, or any point decided in either of the latter courts, the chancellor or the justices, from whose decision the appeal is brought, have no voice in affirming or reversing the decree or judgment. It has full power to correct and redress all errors that may happen in those courts. The judgment of the court of errors is remitted to the lower court from which the appeal was brought, where proceedings shall be had to carry the judgment into effect.

Court of Chancery. The powers of this court are vested in the chancellor. Every circuit judge is vice chancellor within the limits of his circuit, and has all the original powers vested in the chancellor, in matters that arise in his own circuit or wherein the defendants or either of them, reside within it, subject, however, to the appellate jurisdiction of the chancellor. And all appeals from any order or decree made by a vice chancellor to the court of errors, must first be reviewed by the chancellor, and by him reversed, or affirmed, except in cases wherein the latter is interested.

The original intention of instituting this court was, to supply the defects of the common law; and its jurisdiction 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 :

the powers of the court of chancery vested? For what general purpose was this court instituted? What are the duties of a mas

stating accounts, estimating damages, administering oaths taking affidavits, selling land, &c. This court also, by injunctiou, 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 inany other like restraints are imposed, and protections afforded, by injunc tion. The chancellor has the power also of dissolving marriage contracts, and of decreeing divorces.

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. Solicitors in chancery are in the nature of attornies in courts of common law; they manage the pleadings, prepare questions for the 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.

ter in chancery? For what purposes are injunctions laid? What is the course of proceeding in a chancery suit? What are the duties of an examiner? Of a solicitor? How are the several officers

Supreme Court. The principal business of this 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.

Circuit Courts. The state is divided into eight circuits corresponding to the 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.

Courts of Common Pleas and General Sessions. 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. 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

of this court appointed? What is the business of the supreme court? How constituted? (See constitution.) Ilow are circuit courts constituted? What are their powers? How are courts of common pleas

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.

The salaries and compensation of judicial officers are as follows: The chancellor and the three justices of the supreme court have a salary of two thousand five hundred dollars each; the circuit judges, sixteen hundred dollars 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.

Courts of Special Sessions, consisting of three justices of the peace, or of two justices and one judge of the county court, may be held for the trial of certain offences against the peace.

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.

Jurors. 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

and general sessions constituted? What are their powers? Courts of special sessions?

How are lists of jurors prepared? How many are drawn? By whom? In what manner? How are lists ef grand jurors prepar

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