The pleading may proceed one step further the plaintiff may, by a replication, set up new mat,. ter in avoidance of that relied upon by the de fendant in his answer; or he may, as at common law, demur to the answer.
No formal joinder in demurrer or in issue is ne cessary. The demurrer is to be decided by the court before the questions of fact are submitted to the jury. The party against whom judgment is rendered sustaining the demurrer may abide by his pleadings,—in which case judgment final will be given againat bim ; or he may, under leave of the court, remove the objection by amendment.
The questions of law having been thus disposed of, the inlay of fact arising upon the pleadings are submitted to the jury in the same manner as at common law, who may respond thereto by a general er apecial verdict, upon which the judgment of the court is then rendered.
13. The County Court, of which there is one fer each county, sitting as a court of probate, has power to take probate of wills, to appoint guard ians, to grant letters testamentary and of adminis tration, to settle the accounts of executors, adminis trators, and guardians, and te transact all husinese appertaining to the estates of deceased persona, minors, idiots, lunatics, and persons of IMPOUlill mind, and the settlement, partition, and dietribn tion of the estates of decedents. The court eite once in each month. The pleadinga are committed to writing, but generally without any regard. to form ; and no uniform system has been adopted. Justices of the Peace, of whom there are a con venient nnmber in each county, have jurisdiction to try and determine criminal actions against per sons accused of the following offences : simple assaults and batteries; affrays; violations of the penal laws against, gaming, where the highest pen alty does net exoeed one hundred dollars; viola tions of the laws prohibiting the sale of liquor to slaves and free persona of color, and trading with slaves, concurrently with the district courts; and of petty offences committed by slaves and free per eons of color; and cases of vagrants and disorderly persons exolueively.
14. In civil cases they have jurisdiction of suits and actions in behalf of the state, or any county thereof, or any individual, to recover penal ties, fines, and forfeitures not exceeding one hundred dollars in amount; of suits in behalf of the state, or of any county, for any violation of the revenue lawa, where the matter in controversy does not exceed one hundred dollars. They have jurisdie tion of auits and actions for the recovery of money en any account, bill, bend, note, or other instru ment in writing ; of suits for the recovery of speci fied articles, or the value thereof; of suits for torts, trespasses, and other injuries te person or property, where the amount claimed, or the value of the artielee, or the damages sought to be recovered, do not exceed one hundred dollars, exclusive of into rest and costs; of actions for forcible entry and detainer, and for the recovery of rent and distress. They bold monthly terms. The pleadings mi shit of oral altercations, which are taken down in brief by the justice and entered in a docket to be kept by him for that purpose.