The government class book: Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.Young, Andrew W. (Andrew White)
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The government class book: Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.
Young, Andrew W. (Andrew White)
United States -- Politics and government -- Handbooks, manuals, etc.
§10. It is the opinion of many that this requirement of a previous
indictment by a grand jury has reference only to the courts of the
United States; and that the states may dispense with it. Hence, efforts
are now making in some states to abolish grand juries. It is supposed
that an examination at all times before a justice or a judge, when the
prisoner can be present with his witnesses, is more likely to protect
him against being unnecessarily subjected to the trouble and expense of
a trial, than before a grand jury, where complaints are often made by
malicious persons, and sustained by the testimony of partial or corrupt
witnesses.
§11. The _supreme court_ is generally the next higher, and in most of
the states, the highest state court. This court differs somewhat in the
different states, both in the manner of its formation and in its
jurisdiction. It is believed, however, to have, in the states generally,
both original and appellate jurisdiction, civil and criminal. In the
state of New York and a few other states, there is one higher court,
called _court of appeals_, which has appellate power only. Its business
is to review cases from the supreme court.
§12. Suits in the county, circuit, and supreme courts, are commenced by
a _writ_, (in some states a summons or a declaration,) which is served
by the sheriff of the county in which the suit is to be tried. He also
serves warrants and executions issued by these courts. A sheriff is to
these courts what a constable is to a justice's court. His powers and
duties have been elsewhere described. (Chap. XIV., §8.)
Chapter XX.
Chancery or Equity Courts; Probate Courts; Court of Impeachment.
§1. It might be supposed, that in instituting the courts which have been
described, all necessary provision had been made for securing justice to
the citizens. But many cases arise in which justice and equity can not
be obtained in these courts. To afford relief in such cases, a court
has been established called a _court of equity_, or _court of chancery_.
What often renders it impossible to get justice in ordinary courts of
law, is the want of witnesses; but in a court of equity the parties may
themselves be put on oath.
§2. A debtor, to avoid the payment of his debts, may conceal his
property or his money; but this court may compel him to disclose and
give up the same to satisfy an execution; and it may prevent persons
indebted to him from making payment to him. A person refusing to fulfill
a contract may, in courts of common law, only be sued for damage; but
this court may in certain cases compel him to fulfill the contract
itself. It may also restrain individuals and corporations from
committing fraudulent acts, and prevent persons from committing wastes
on land and certain other injuries, until the right at law can be tried.
Public-domain text, read in full here on John Shaqi.
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