will be committed by the party complained of, he shall be required to
enter into recognizance to keep the peace, failing in which he shall be
committed to jail for the time to be covered by the surety, said time not
to exceed six months.

REMARKS ON CRIMINAL TRIALS.

The care for the rights of the accused is based upon the principle in our
law, that every man shall be held innocent till _proved_ guilty. Another
principle is that a person accused of crime _cannot be tried in his
absence._ The purpose of arresting him is to secure his _presence_ at the
trial. If he can guarantee this by bail he is set at liberty, otherwise he
is confined in jail. (See p. 231.)

_Pertinent Questions._

Are the justices and constables town, county or state officers? How is it
known at the county seat who the justices and constables in each town are?
Define docket, summons, warrant, pleading, subpoena, crime, felony,
misdemeanor, venire, costs, execution, recognizance. Why are there two
justices in each town? What is meant by "change of venue?" How is an oath
administered in court? What persons may not serve as witnesses? If a
criminal should make confession of the crime to his lawyer, could the
lawyer be subpoenaed as a witness on the trial? Name some things "exempt
from execution" in this state. What is to hinder a bitter enemy of yours,
if you have one, from having you committed to prison. Can a _civil_ suit
proceed in the absence of the defendant?

_Practical Work._

Assume that John Smith bought from Reuben White a cow, the price agreed
upon being $30; that Smith refuses to pay, and White sues him. Write up
all the papers in the case, make proper entries in the docket, assessing
costs, etc.

CHAPTER IV.

THE INCORPORATED VILLAGE.

Need of.--Owing to conditions, natural and artificial, favorable to
business enterprises, people group together in certain places. Living in a
limited area, the amount of land occupied by each family is small, and the
territory is surveyed into lots and blocks. To make each homestead
accessible, streets are laid out. The distances traveled being short,
people go about principally on foot; hence the need of sidewalks. To
reduce the danger of going about after dark, street-lamps are needed. The
nearness of the houses to each other renders it necessary to take special
precautions for the prevention of fires, and for their extinguishment in
case they break out.

But to provide and main