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.
§3. Courts of chancery were established, it is believed, in a majority
of the old states. But separate and distinct organizations called
chancery courts, now exist in but a few states; the power to try suits
in equity having been given to the judges of the common law courts.
§4. Suits _in equity_ are not commenced as suits _at law_. The plaintiff
prepares a bill of complaint, the facts stated in which are sworn to by
himself. The bill, which contains a petition or prayer that the
defendant may be summoned to make answer on oath, is filed with the
clerk of the court, who issues a subpœna commanding the defendant to
appear before the court on a day named. A trial may be had on the
complaint and answer alone; or witnesses may be introduced by the
parties. The case is argued by counsel, and a _decree_ is pronounced by
the court, which the court has power to carry into effect.
§5. There is another kind of courts which are in their nature different
from ordinary law courts, and are called _probate courts_. There is in
every county a probate court held by a _judge of probate_, whose duties
relate to the proving of wills and the settling of the estates of
persons deceased. A _will_ is a writing in which a person gives
directions concerning the disposal of his property after his death. The
Latin word _probatus_ means proof; from which _probate_ has come to be
applied to the proving of a will. (See Wills and Testaments.) In the
state of New York the judge of this court is called _surrogate_, and the
court is called _surrogate's court_.
§6. There is still another court in every state, which is not a common
law court. It is the _court of impeachment_. The name is applied to the
senate when sitting on a trial of impeachment. An _impeachment_ is a
charge or accusation against a public officer for corrupt conduct in his
office; as if a governor, for money offered him, should approve and sign
a law; or a judge should, for money or from some other selfish or
personal motive, give a wrong judgment. The constitution gives to the
house of representatives the power to impeach, and to the senate the
power to try the persons impeached. This practice has come from Great
Britain, where the impeachment is made by the house of commons, and the
house of lords is the high court of impeachment.
Public-domain text, read in full here on John Shaqi.
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