t. The party appealing is called _appellant_; the
adverse party is the _appellee_ or _respondent_.
Sec.11. An important part of the duties of a justice of the peace relates
to the arrest and trial of persons charged with crimes and misdemeanors.
Although they have not power to try high offenses usually called crimes,
they may order the apprehension of persons charged with such offenses,
and cause them to be committed for trial.
Sec.12. A person knowing or suspecting another to have committed an
offense, may make complaint to a judge or justice of the peace, who
examines the complainant on oath, and witnesses, if any appear; and if
he is satisfied that an offense has been committed, he issues a
_warrant_, directing the person accused to be brought before him. The
complainant and witnesses for the prosecution, and next the prisoner and
his witnesses, are examined. If the offense is one of which the
magistrate has jurisdiction, he may proceed to try the prisoner, who, it
will be recollected, is entitled to be tried by a jury.
Sec.13. If the offense is one which the magistrate has not power to try, he
binds the prosecutor or complainant and all material witnesses to appear
and testify against the prisoner at the next court having power to
indict and try him. And if the offense is one for which the prisoner may
be bailed, the magistrate takes bail for his appearance at court. If the
offense is not bailable, or if no satisfactory bail is offered, the
magistrate orders him to be committed to jail to await his trial. But,
as will be seen hereafter, he must be indicted by a grand jury before he
can be tried. (Chap. XIX., Sec.7-9.) And were there no danger of an
offender's escape before he could be brought to trial, his previous
arrest and examination might be unnecessary.
Sec.14. The obligation or bond given by a prosecutor and witnesses for
their appearance at court, is sometimes called a _recognizance_. They
bind themselves, with sureties, to forfeit and pay a certain sum of
money in case of their non-appearance. A similar bond or recognizance is
given in case of bail. The person accused binds himself, with sureties,
in such sum as the justice requires, which is to be paid if he shall not
appear for trial. The word _bail_ is from a French word meaning _to
deliver_, or _to release_. Hence, the justice _bails_, sets free, or
delivers to his sureties, the party arrested. Also the sureties are said
to bail a person when the
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