The Judicial Power.
0. The supreme court for the correction of errors was organized in 1845. It consists of three judges 'elected by the legislature for six years. This court sits only for trial and correction of errors in hrtv and equity in cases brought from the superior courts. It holds ten 'sessions during the year, at five places. The court is required at each session, in each of the five districts, finally to determine each and every case on the docket at the first term after the writ or error is brought, unless pre vented by some providential cause.
The superior court consists of sixteen judges, elected for 'their respective circuits, one for each, by the electors of that circoit, for the term of four years. It sits twice a year. This court has exclu sive jurisdiction in all criminal eases, where the crime is committed by free white persons, except over contempts of court, and minor offences which are punishable by corporation courts and other inferior judicatures, and slaves and free persona of color who have committed capital offences. They have exclusive jurisdiction, likewise, in all.cases respect ing titles to land. In all other civil cases, •it has concurrent jurisdiction the inferior courts. All the powers of a court of equity are vested in the superior courts, and the judges of the superior courts have power, by writs of mandamus, prohibi tion, scire facias, certiorari, and all other necessary writs, not only to carry their own powers fully into effect, but to correct the errors of all inferior judi catories.
7. Eadh county liss an inferior court, composed of five justices, who are elected every four years by the people. In addition to all county matters, such as the superintendence of roads, bridges, etc., this court has jurisdiction in all civil cases, except those involving land titles, over all cases of orimes committed by slaves and free persons of color, ek cept capital felonies, subject to the Superior court. It holds sessions.
An ordinary is elected in each county, by the people, every four years, in whom is vested original jurisdiction over all testates' and intestatea' estates. The ordinaries are paid by fees incident to the of fice. An appeal lies from this court to the superior
court. It has no jury.
Justices of the peace are elected by the people, two for every militia district in the state: they hold their office for four years. An appeal lies from the magistrates to the jury of the district, composed of five men. Their civil jurisdiction extends to all sums not exceeding fifty dollars. S. An attorney-general for. the middle circuit, and solicitors-general for each of the other circuits, are elected by the voters of these circuits, respect ively, for the term of four years, to prosecute of fences against the state.
Pleadings in this state are simplified to the last degree. All suits aye brought by petition to the court. The petition •must contain the plaintiff's charge, allegation, or demand, plainly, fully, and distinctly set forth, which must be signed by the plaintiff or his attorney,,and to which the clerk an nexes a process, requiring the defendant to appear at the term to which the same is returnable. A copy is served on the defendant by the sheriff. The defendant makes his answer in writing, in which he plainly, fully, and distinctly sets forth the cause of his defence. The case then goes to the jury, without any replication or further proceed ings; and the penal code declares that every in dictment or accusation of the grand jury shall be deemed sufficiently technical and correct which states the offence in the terms or language of the code, or so plainly that the nature of the offence charged may be easily understood by the jury.
In all 'civil cases, either party may be examined by commission or upon the stand at the instance of his adveraary, both at law and in equity.
An appeal lies in the superior courts from the verdict of a petit to a special jury, constituted of twelve men taken from the grand jury ; and from the verdict' erdict of one special jury to another. in equity clauses. The jurors are made judges of the law, as well as of the facts, in criminal cases. Divorces are granted upon certain legal grounds, prescribed by statutes, upon the concurrent verdicts of two spe cial juries.