to serve as jurors, and any additional number that shall have been ordered. The slips of paper on which the names are written, are put into a box, and shaken so as to mix them as much as possible; and they are then drawn out by the clerk, in presence of the sheriff and a judge of the county. The list so drawn is then delivered to the sheriff, who summons the persons named therein to attend the sitting of the court. These are called petit juries, twelve of whom sit on every trial, and all must' agree in order to conviction or judgment.

Grand Jurors are obtained in the same manner as petit jurors, except that the list is prepared by the supervisors at their annual meeting. Not more than twenty three, nor less than sixteen persons, are sworn on any grand jury. One of their number is appointed by the court as foreman, who administers the oaths to witnesses appear ing to testify before the jury. Every grand jury appoints one of their number to be clerk. The minutes are pre

served and delivered to the district attorney, when so directed. It is not the business of grand juries to try issues. They attend during the sitting of the courts, to hear complaints that may be brought before them for breaches of the peace, or for crimes; and declare whether or not the person complained of shall be put upon his trial. If twelve of the jurors are of opinion that he ought to be tried, the district attorney draws up an indictment, stating the crime charged upon him. The foreman signs it in behalf of the jury, and it is carried by the jury to the court. The accused is then called to be put upon trial. If he has never been arrested, a warrant is issued to arrest him; and if he is not ready for trial he is put into prison, unless he gives bail for his ap

ed? What number may be sworn to serve? How is the business of the jury conducted? What number must be agreed in order to

pearance for trial at the next court. On indictment for capital offences, this privilege may not be given.

Justices' Courts. These are courts of the most limited jurisdiction, and are held by the justices elected in each town. They have power only to try causes wherein the damages claimed do not exceed fifty dollars; excepting that, in actions commenced by attachment of property, wherein the damages claimed do not exceed one hundred dollars, they have jurisdiction; and they may also take and enter judgment on confession of a defendant for the sum of two hundred and fifty dollars. But they have no power to try assault and battery, false imprisonment, slander or malicious provocation; nor any matters wherein the sum total of the accounts of both parties is more than four hundred dollars. Any justice being a tavern keeper, shall have no power other than that of issuing executions upon judgments rendered by him before he became so disqualified. Actions must be brought before some justice of the town wherein either a plaintiff or defendant resides, or of the town next adjoining. But if a defendant has absconded, the suit may be brought before a justice of the town wherein the defendant or his property may be. If the plaintiff or defendant be a non-resident of the county, the suit may be brought in the town wherin the plaintiff or defendant may be.

Either party thinking himself aggrieved by a judgment rendered before a justice, for damages not exceeding twenty five dollars, may remove the same by a writ of sertiorari, to the court of common pleas. And if the judgment exceed that amount, the party to the judgment may appeal therefrom to the said court. In a case brought by certiorari, the judges act without jury, and give their

indict? How far Joes the juris etion of a justice' court extend? Ja what case does #justice become disqualified? Where must no

judgment upon the affidavit of the party removing the suit, and the return of the justice, in which the testimony and proceedings before the justice are set forth. Issues of fact brought up, on appeal, are tried by a jury, or referred in the same manner as an original suit. Juries are allowed in all cases in justices' courts, if desired. by either party.

CHAPTER VII.

Of Crimes and their Punishment.

CRIMES made punishable with death by the laws of the state of New York, are, (1.) treason against the peo ple of the state; (2.) murder; (3.) arson in the first degree. Treason is defined to be levying war against the people of the state; a combination to usurp, by force, the government of the state; or adhering to, and aiding, the enemies of this state, while separately engaged in war with a foreign enemy. Murder is the killing of any person in the following cases: (1.) when perpetrated from a premeditated design to effect the death of any hu man being; (2.) when perpetrated by any act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without a premeditated design to effect death; (3.) when perpetrated without any design to effect death, by a person engaged in the com

tions be commenced? How are cases removed to the court of com mon pleas?

What crimes are punishable with death in the state of New York!

mission of a felony; and (4.) the wounding of a person in a duel, though it be done out of the state, who shall die in the state; and every second engaged in such duel shall be guilty of murder. Arson in the first degree, is. wilfully setting fire to, or burning, in the night time, a dwelling house in which there is, at the time, some human being; and every house, prison, jail or other building, that shall have been usually occupied by persons lodging therein at night, is deemed a dwelling house of any person so lodging therein.

Manslaughter in the first degree, consists in killing a human being, without a design to effect death, by the act of another engaged in perpetrating, or attempting to perpetrate a crime or misdemeanor not amounting to felony; or in assisting another in committing self-murder. Manslaughter in the second degree, is the killing of a human being, without a design to effect death, but in a cruel, unusual manner; or in unnecessarily killing another, while resisting an attempt by such other person to do an unlawful act, or after the attempt shall have failed. Manslaughter in the third degree, is the killing of another in the heat of passion, without a design to effect death, by a dangerous weapon; or the involuntary killing of a person by the negligence of another engaged in committing, or at tempting to commit, a trespass; or in permitting a mis chievous animal, by its owner, to go at large, if the animal shall kill a human being who shall have taken due precaution to avoid the animal; or the administering, by a physician in a state of intoxication, and without a de sign to effect death, of any poison, drug or medicine, which shall produce the death of another; or in causing death

What constitutes treason? Murder? Arson in the first degree? What constitutes manslaughter in the first degree? Second degree! Third degree? Fourth degree?

by persons navigating steam-boats or other vessels, through culpable negligence or ignorance. Manslaughter in the fourth degree, is the involuntary killing of another by any weapon, or by means neither cruel nor unusual, in the heat of passion. Manslaughter in the first degree is punishable by imprisonment in the state prison, for a term not less than seven years; in the second degree, not less than four, nor more than seven years; in the third degree, not less than two, nor more than four years; in the fourth degree, two years, or in a county jail, not more than one year, or by fine not exceeding one thousand dollars, or both.

Homicide is the taking of a person's life, and includes the crime of murder. Homicide is also excusable, or justifiable Excusable homicide is the killing of a person by accident, or while lawfully employed, without the intention of doing wrong. Justifiable homicide is putting one to death in pursuance of a legal sentence; or in defending one's person, or property, or in defending the person of another. In these cases, no punishment is inflie

ted.

Any person who shall maim another, from premeditated design, by cutting out or disabling the tongue, or any other member or limb of any person; or who shali inveigle or kidnap another, or shall be accessory to any kidnapping; or who shall sell kidnapped blacks; or who shall decoy and take away children; or who shall expose children in the street or highway to abandon them; or who shall commit or attempt an assault with intent to kill, or to commit any other felony, or in resisting the execution of a legal process; or who shall administer poison whereof death shall not ensue; or who shall poison any

What is homicide? When is it excusable? When justifiable? What other offences against the person are here mentioned? How ន