2. The following are the courts established in the State of New York: 1. Court for the trial of impeachments; 2. Court of Appeals; 3. The Supreme Court; 4. County courts; 5. Surrogate's courts; 6. Justices' courts. In the city of New York, the duties of justices are performed by two classes of justices. One class attends to the criminal duties, and are called police justices. The other class attend to the civil duties, and are called district justices. The Marine Court in the city of New York performs the duties of justices' courts in civil actions, with a more extended jurisdiction. The court which occupies the place of the County Court, in the city of New York, is known as the Court of Common Pleas. There is a court in the city of New York, and another in the city of Buffalo, known as the Superior Court, which have nearly the same jurisdiction as the Supreme Court in those counties.

3. The court for the trial of impeachments is composed of the Senate and Court of Appeals, sitting together. They take an oath to try the impeachment according to evidence. Two-thirds of the members of the court are necessary to a conviction. A majority of the Senate and a majority of the Court of Appeals compose the court. The president of the Senate presides; in his absence, the chief-justice of the Court of Appeals presides. None but public officers are tried in this court. The Assembly first impeaches such officer, and the impeachment is then tried by this court. If found guilty, the penalty is the

other? If one person assaults and beats another, what two actions may be sustained against him?

2. What are the courts in the State of New York? By whom are the duties of justices performed in the city of New York? To what does the first class attend? What are they called? To what does the second class attend? What are they called? What duties are performed by the Marine Court in the city of New York? What court occupies the place of the county courts in the city of New York? Where are Superior Courts established? What is their jurisdiction?

3. Of what is the court for the trial of impeachments composed? What oath do they take? What number of the court is necessary to convict? What number of each body is necessary to form a quorum? Who presides in the court? In his absence, who presides? Who only are tried in this court? Who impeach such officers? If found guilty

The

removal from office or disqualification to hold office, or both. The Court of Appeals is composed of eight judges, four of whom are elected by the electors of the whole State, and four are selected from the class of justices of the Supreme Court having the shortest time to serve. The judges of the Court of Appeals hold their office for eight years. One of the four is elected every two years. four judges of the Supreme Court sit in the Court of Appeals but one year. Four others then take their places. Six judges are necessary to form a quorum. Only questions of law are argued before this court. The court has the power to affirm, reverse, or modify the decision of the general term of the Supreme Court, Superior Court, and Court of Common Pleas, on questions of law. It holds four sessions annually at the capital of the State. Five judges are necessary to pronounce a judgment. If five do not concur, the case must be reheard. If, after two rehearings, five judges do not concur, the judgment of the court below is affirmed. Where five judges agree, the decision is binding on all the courts of the State. If five do not agree, the question involved is still open for consideration in any future case.

4. For the purpose of electing judges of the Supreme Court, the State is divided into eight judicial districts. Four judges of the Supreme Court are elected in each district. They hold their office for eight years. One is elected in each district every two years. Certain duties

of the charge by this court, what is the sentence? Of what is the Court of Appeals composed? How many are elected by a general vote? From what court are the other four selected? For what time do the judges elected at large hold office? How often is one elected? How long do the four judges of the Supreme Court sit in the Court of Appeals? Who then take their places? How many judges are necessary to form a quorum in this court? What questions are argued and decided in this court? What power has this court? How many sessions does it hold annually? Where? How many judges are necessary to pronounce a judgment? If five do not concur? If, after two rehearings, five judges do not concur? When is the decisions of this court binding on the other courts? If five do not agree?

4. Into how many judicial districts is the State divided, for the purpose of electing judges of the Supreme Court? How many judges are

are performed by each of these judges at chambers-such as granting orders. Other duties are performed in a special term of the court-such as hearing the argument of motions. The trial of actions is heard in the Supreme Court at a circuit. When the Supreme Court try criminal actions, it is known as the Court of Oyer and Terminer. In exercising the powers already mentioned, the court is held by a single judge. There are at least four general terms of this court, held by three judges in each judicial district. Appeals may be taken to the general term, from the trial, by a single judge. The general term may affirm, reverse, or modify the decision of the court below. The concurrence of a majority of the judges holding the general term is necessary to pronounce a judgment. There is a county judge, elected in each county, who holds his office for four years. There are three judges of the Court of Common Pleas in New York City. There are also six judges of the Superior Court of the city of New York. There are four justices of the peace in each town. They hold their office for four years. One is elected annually. There are six police justices, and eight district justices in the city of New York.

5. The people of the State may commence an action for the recovery of any lands belonging to them, held and claimed by any person, within forty years. Any person claiming such land under a grant from the State,

elected in each district? For what time do they hold their office? How often is one judge elected in each district? Where may each judge grant orders? Where does he hear arguments of motions? When does he try actions? When the Supreme Court try criminal actions, what is it called? By how many judges is the court held in exercising these powers? How many general terms of this court are held annually in each judicial district? By how many judges? From what are appeals taken to the general term? What power has the general term in cases brought before it on appeal? What number of judges must concur in the judgment? What judges elected in each county? For what time elected? How many judges of the Court of Common Pleas in New York City? Of the Superior Court? How many justices of the peace in each town? How long do they hold office? How many are annually elected? How many police justices in the city of New York? How many district justices?

5. What actions may commence within forty years from the time the

may commence an action to recover them within the same time. If an owner of real estate lease the same to another, he or his heirs may commence an action to recover the same at any time within forty years from the last payment of rent. The claim to lands by adverse possession must have existed for forty years, to perfect the title of the claimant in either of the above cases. If the action is brought by one citizen against another for the recovery of real property, or on a sealed instrument, it must be commenced within twenty years. If the action be for a money demand on contract, it must be commenced within six years from the time the cause of action accrued. If against the sheriff, for malfeasance or misfeasance, within three years. If for libel, slander, assault and battery, or false imprisonment, within two years. If against the sheriff for the escape of a prisoner, within one year. The time in which an action must be brought is somewhat different in the different States. A majority of the States, however, concur in the limitation above stated..

6. All persons who have an interest in the success of the action may be joined as plaintiffs; and all persons who have an interest adverse to the plaintiffs may be made defendants. An action is brought by and defended by an infant, in the name of the infant, by guardian ad litem. The court has power, in an action before it, to determine. the rights of all the parties to the action. Actions are local, which must be brought in the county where the property lies, or in which the cause of action arose. All other actions are transitory. The proper county for the trial of a transitory action is the county in which one of

cause of action arose? What actions may be commenced within twenty years? What actions may be commenced within six years? What actions within three years? What actions within two years? What actions within one year? Is the time in which an action must be brought the same in all the States?

6. Who may be joined as plaintiffs in an action? Who are made defendants? How is an action brought by and defended by an infant ? What power has the court in an action before it? What actions are local? What transitory? What is the proper county for the trial of a transitory action? On what grounds may the place of trial be changed?

the plaintiffs or one of the defendants resides. The place of trial may be changed, on the ground that a fair trial cannot be had in the county where the action is brought, and on the ground that a greater number of witnesses reside in some other county. Actions under the Code are generally commenced by summons, but they may be commenced in the inferior courts by warrant or attachment. There are two forms of summons under the Code -one for a money demand on contract, and one for relief. When, from the nature of the contract, the plaintiff knows and can specify the exact sum which he is entitled to recover, the summons for a money demand on contract is used. In this case, the plaintiff is not required to call upon the court to ascertain or decide any thing but the existence and the terms of the contract, by which the amount claimed is due. When the amount is unliquidated, in its nature requiring other proof, and depending on other considerations than those which appear in the contract itself, such action is an action to ascertain the plaintiff's right to damages, which are to be paid and satisfied in money, and the summons for relief must be used.

CHAPTER LXXXIII.

COMMENCEMENT OF CIVIL ACTIONS.

1. A SUMMONS may be served by any person who has arrived at the years of discretion, except the plaintiff. It must be served by delivering to, and leaving with, the

How are actions under the Code generally commenced? How many forms of summons under the Code? When must the form for a money demand on contract be used? In this case, what does the plaintiff call upon the court to ascertain or decide? When is the second form to be used?

1. By whom may a summons be served? In what manner must it be