The Judicial Power.
O. The Court of Appeals is composed of four judges, elected, one in each of the districts into which the state is divided for the purpose, by the people, for the term of eight years, and subject to removal by address of two-thirds of each house of the general assembly to the governor, stating the cause or causes for which such removal is required. Special judges may be appointed by the governor when a majority cannot sit in any case. This court has jurisdiction by appeal or writ of error in matter of law from tho final order, judgment, or decree of in ferior court, except in ease of an office, franchise, or freehold, or divorce refused, where the matter in dispute does not exceed one hundred dollars, certain cases of criminal jurisdiction, and cases of small amount, where an appeal is to be taken to the dis trict and county courts. See Pract. Code of 1854.
7. The Circuit Court is composed, under the con stitution, of twelve judges, elected by the people, for the term of six years, in each of the twelve judicial districts into which the state is divided. Each dis trict is composed of several counties, and a court is held twice a year in each county. It is provided that anew district may be erected every four years,—not, however, to exceed in all sixteen,—nntil the popn lation exceeds one million five hundred thousand. In case of the absence of the judge, the attorneys present may elect a special judge to hold the court. This is the court of general original jurisdiction in all matters of law and equity, except where exclu sive jurisdiction has been granted by law to some court. The qualifications for a judge, hoth of this court and the conrt of appeals, are that a man should be thirty years of age at least, and have been a practising lawyer far eight years, or have served for eight years as judge in some court of record.
8. A County Court also exists in each county, composed of a president judge, and, when sitting for fiscal purposes only, a majority of the justices in commission for the county. The president judge
must be at least twenty-one years old, and have been for one year a resident of the state. This court has concurrent jurisdiction with the circuit court in law and in equity where the matter in dispute does not exceed one hundred dollars, but not of cases involving the title to land. It has the general con trol of the fiscal matters of the county, including the support of the poor.
Two justices of the peace and one constable are elected for four years by the people in each of the justice districts into which the counties are by law divided. Sheriffs, coroners, and jailers are elected by the voters of the county for four years. Sheriffs are ineligible for two successive terms.
Under the code of practice adopted March 22, 1851, the forms of actions at common law and of suits in chancery were abandoned, and a petition and answer substituted therefor.
KEY. An instrument made for shutting and opening a lock.
2. The keys of a house are considered as real estate, and descend to the heir with the inheritance. 11 Coke, 50 b; 30 Eng. L. & Eq. 598. See 5 Blackf. Ind. 417 ; 5Taunt. 518.
3. When the keys of a warehouse are de livered to a purchaser of goods locked up there, with a view of effecting a delivery of such goods, the delivery is complete. The doctrine of the civil law is the same. Dig. 41. 1. 9. 6 ; 18. 1. 74.
4. Keys are implements of housebreaking within statute 14 & 15 Vict. c. 19, .1 1; for, though commonly used for lawful purposes, they are capable of being employed for pur poses of housebreaking; and it is a question for the jury whether the person found in pos session of them by night had them without lawful excuse, with the intention of using them as implements of housebreaking. 2 Den. Cr. Cas. 472 ; 3 Carr. &.K. 250.