FREE BOOKS

Author's List




PREV.   NEXT  
|<   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72  
73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   >>   >|  
es arising in any part of the county, or between citizens residing in other towns. The jurisdiction of justices of the peace is generally prescribed by law. The law prescribes the sum that may be sued for, or the amount of damage that may be recovered in a justice's court, and the grade of offenses that may be tried in it. In some states justices of the peace may try suits only in which the sum in controversy does not exceed $50; but in most of them, the jurisdiction of a justice extends, it is believed, to sums of $100 or more. Sec.6. Causes, in which money is claimed for damage or for debt, are called _civil_ causes; those for the trial of persons charged with crime, or some misdemeanor, are called _criminal_ causes. All crimes, strictly speaking, are misdemeanors. In common usage, however, the word _misdemeanor_ denotes a smaller offense, such as is usually punishable by fine, or by imprisonment in a county jail, and not in a state prison. Causes, actions, and suits, are words of similar meaning in law language, being generally used to signify prosecutions at law, or lawsuits. The party that sues is called _plaintiff_; the party sued is the _defendant_. Sec.7. Prosecutions at law are conducted in nearly the same manner in the different states. The following is a sketch of the proceedings in an ordinary civil suit in a justice's court: The justice, at the request of the plaintiff, issues a _summons_, which is a writ or precept addressed to a constable of the town, in some states to any constable of the county, commanding him to summon the defendant to appear before the justice on a day and at an hour specified, to answer the plaintiff (naming him) in a suit, the nature of which is stated in the summons. Sec.8. The constable serves the summons by reading it or stating the substance of it to the defendant; and if requested, gives him a copy of it. If he does not find the defendant, he leaves a copy at his place of residence with some one of the family of proper age. At or before the time named for trial, the constable returns to the justice the summons with an indorsement stating the day on which it was served, and whether served personally or by copy. If served by copy, and the defendant does not appear at the time named for trial, a new summons is issued, as the practice is in some states--perhaps all of them; and the trial may not proceed unless a summons has been personally served. Sec.9. The parties may appe
PREV.   NEXT  
|<   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72  
73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   >>   >|  



Top keywords:
justice
 

summons

 

defendant

 

states

 
served
 
constable
 

called

 
county
 

plaintiff

 

Causes


personally

 

misdemeanor

 
stating
 

damage

 
generally
 
justices
 

jurisdiction

 

nature

 
reading
 

substance


serves

 

naming

 

stated

 
answer
 

summon

 
prescribes
 

issues

 

request

 

ordinary

 

precept


addressed

 

requested

 
commanding
 

prescribed

 

citizens

 

issued

 
practice
 
arising
 

proceed

 

parties


indorsement

 

leaves

 

residing

 

proceedings

 
residence
 

returns

 
family
 

proper

 
manner
 

criminal