§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. §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., §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. §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 they procure his liberation. Chapter XIX. Courts other than Justices' Courts; Grand and Petit Juries, &c. §1. The court next higher than a justice's court, is a court held in each county, generally called a _county court_, or _court of common pleas_. This court is usually held by a county judge elected by the electors of the county in most of the states; in some, appointed by the legislature; and in others, by the governor, with the advice and consent of the senate. In a few of the states this court consists of more than one judge. In some states, county courts are held by judges of the circuit courts.