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a citizen of the State, or an alien who has declared his intention of becoming a citizen. He must be an inhabitant of the State, twenty-one years of age, of good moral character. He must have studied law three years in the office of some attorney in the State, or, instead of this study, must pass an examination before a committee appointed for the purpose by the court to which he presents himself for admission.

Admission to

Practice.

A person desiring to be admitted to practice must apply to the Superior or Supreme Judicial Court, and must in open court take and subscribe oaths to support the Constitution of the United States and of the Commonwealth, and the following oath of office: "You solemnly swear that you will do no falsehood, nor consent to the doing of any in court; you will not wittingly or willingly promote or sue any false, groundless, or unlawful suit, nor give aid or consent to the same; you will delay no man for lucre or malice; but you will conduct yourself in the office of an attorney within the courts, according to the best of your knowledge and discretion, and with all good fidelity, as well to the courts as your clients. So help you God." Attorneys may be removed by the court for deceit, malpractice, or other gross misconduct.

Reporter.

Connected with the Supreme Judicial Court is an officer called a Reporter, who is appointed by the governor and council, and removable at their pleasure. He is required to attend the court personally at all the law terms and capital trials, and to make true reports of decisions on all legal questions argued by counsel, and publish the same annually. These published reports contain what has before been

spoken of as court-law, in distinction from statutelaw.

neys.

The Commonwealth is divided into eight districts District Attor- for the administration of criminal justice; and in each of these a District Attorney is elected by the people once in three years. These officers appear for the Commonwealth to prosecute cases in the criminal courts. They aid the attorney-general in capital cases, and in arguing exceptions in other criminal

cases.

JURIES.

A jury is a body of men sworn to declare the facts of a case from the evidence and the law presented to them. The qualifications of jurors, their duties and privileges, and the manner in which they are called to service, are regulated by statutes.

In Massachusetts, all persons qualified to vote for representatives to the General Court are Qualifications. liable to be called as jurors, excepting certain classes legally exempted. These are State, county, and national officers, professional men, bank-cashiers, militia-men, and firemen. Persons are not liable to service as jurors oftener than once in three years; except in Nantucket and Dukes Counties, where they may be called to service once in two years.

Box.

The selectmen of each town annually prepare a list Jury List and of such persons not exempt as they think qualified to serve as jurors, being persons of good moral character and sound judgment. This list includes not less than one for every hundred, and hot more than one for every sixty inhabitants. The list is posted in public places for at least ten days, after

which it is presented to the town at a meeting, for revision and acceptance. Names may be added or taken off by vote of the town. After acceptance by the town, the names on the list are written each on a separate paper. These are then folded with the name inside, and placed in a box kept for the purpose.

Previous to the beginning of each term of the Supreme and Superior Courts, the clerk issues a writ Summoning and to the sheriff, calling from each town and Drawing city a number of jurors in proportion to Jurors.

its inhabitants. This writ is served on the town-clerk and selectmen. These officials then meet; and one of the selectmen proceeds to draw from the box as many papers as are required. If any person whose name is drawn is exempt by law, or unable to attend on account of sickness or absence, or has served as juror within three years, his name is replaced, and another drawn. When the name is drawn, and the person serves, the date of drawing is indorsed upon the paper; and it is then returned to the box. The constable notifies persons whose names are drawn, and informs them of the time when the court begins its session. A person neglecting to attend, when legally drawn and summoned, is liable to a fine.

Justice's Jury.'

There are some special juries, the members of which are called in other ways. A justice's jury, consisting of six persons, may be drawn in any city or town in certain civil actions before a trial justice, a district court, or a police court. They are drawn and summoned in the usual way; but the time for which they are liable to serve is less than in the higher courts, and service here does not exempt from service in the county courts. When the party to an

Jury trials are abolished in district, police, and municipal courts, and before fustices of the peace.

action before a trial justice asks for a jury, he waives all right of appeal; and, when a jury trial is had in a district court, no appeal can be taken except upon questions of law.

A Highway Jury consists of twelve men, drawn in the usual way for the purpose of deciding Highway Jury. questions of damage in connection with the laying-out or alteration of roads. Such a jury is called at the request of parties aggrieved by a decision of the county commissioners. Upon a petition for a jury, these officers issue a warrant to the sheriff directing him to summon the requisite number from the three nearest towns. In certain cases, where parties are dissatisfied with orders of selectmen regarding buildings considered as nuisances, and regarding steamengines, and in cases connected with the flowage of lands, juries such as have last been described may be called to decide the matter.

Parties.

OUTLINE OF JUDICIAL PROCEDURE.

An illustrative example will serve to show the relation of the various branches of the judiciary department to each other and to the public. Every action or suit at law supposes two parties: one, called the plaintiff, who brings the charge upon which the action is based; the other, called the defendant. against whom the charge is brought.

Classes of
Actions.

Suits at law are either civil or criminal. A civil action has for its object the restoration of property, the recovery of private rights, or compensation for their infraction. Such are suits brought to recover a debt, or to obtain money for an injury sustained upon a highway. A criminal action

has for its object the punishment of an individual for a violation of law. In such actions the government is always the plaintiff. Civil actions, if successful, result in the payment of money by the defendant to the plaintiff. Criminal actions, if successful, result in the infliction of a penalty upon the defendant: either a fine paid to the government, or imprisonment, or both.

Criminal
Actions.

We will proceed to notice the ordinary steps in the conduct of a criminal action. Suppose that in some town in the Commonwealth a man enters a store in the daytime, and steals therefrom a watch. In course of the judicial proceedings that might arise, the complaint would be first in order. This would be a written instrument, stating formally, but specifically, the name and residence of the person accused, the nature of the crime itself, with the time and place of its commission, and requesting that he be apprehended for trial. This must be sworn to by the complainant before some trial justice or court; and he must offer some evidence for his suspicion against the person accused. This complaint is the foundation of the whole course of proceeding.

Complaint.

Warrant.

The justice next issues a warrant. This is a command to the sheriff of the county, or his deputy, or any constable of the town, to apprehend the person named in the complaint, and bring him before some trial justice or court to answer to the complaint. The warrant specifies the offence, and also directs the officer to summon certain persons as witnesses against the defendant.

The officer, having made the arrest, appears before

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