tice. Such removal or suspension by the chancellor or the supreme court, from their respective courts, operates as a removal or suspension in every court in the State; but in all other cases, it operates as a removal or suspension in the court only by which it is done. This is a learned and honorable profession, and by a fair and upright practice of it, the professor may greatly aid the administration of justice and the investigations of judges, and relieve his fellow citizens from fraud and oppression. There are four justices of the peace for each town in the State, who are elected by the people of their respective towns, at their annual town meetings in the same manner as they elect their town officers; and hold their office for four years. This mode of electing justices of the peace, so operates at this time, that one justice is elected at each annual town meeting, to supply a vacancy that will happen on the first day of January thereafter, when the person elected enters upon the duties of his office. QUESTIONS ON THE PRECEDING. How are the chancellor and justices of the supreme court appointed? How long do they hold their offices? How may they be removed? Can they hold any other office? How are the judges appointed? What is their term of service? How may they be removed from office? How are masters and examiners in chancery appointed? What is their term of service? How are the register and reporter in chancery appointed? How long do they hold their office? How long does he hold his office? What are his qualifications? How are the clerks of the court of chancery, supreme court, and court of errors appointed? What is their term of service ? By whom may they be removed? How are counsellors, solicitors and attornies appointed? How long do they hold their office? For what causes may they be removed? How many justices of the peace are there for each town? How long do they hold their office? How many are elected in a town each year? When do they enter upon the duties of their office? OF THE COURT FOR THE TRIAL OF IMPEACHMENTS AND THE CORRECTION OF ERRORS. The president of the Senate, the Senators, the chancellor, and the justices of the supreme court, constitute this court. Chief powers and duties. This court, when properly organized, tries all impeachments. These are delivered by the assembly to the president of the Senate, and he thereupon causes the court for the trial of impeachments to be summoned. When this is done, the person impeached is caused to appear before the court, to answer the charge exhibited against him, and is entitled to a copy of the impeachment, and a reasonable time to answer it; and on the trial he is allowed counsel. Before the trial proceeds, an oath is administered to each member, truly and impartially to try and determine the charge in question, according to evidence. In order to convict the accused, the concurrence of two-thirds of the members present is required-without which the person impeached is declared acquitted. The judgment, upon a conviction, may be, that the person impeached be removed from office; or, that he be dis qualified to hold any office of honor, trust, or profit, under this State, or both of these-but no other judgment can be given. A person impeached, is suspended from the exercise of his office until acquitted; and if he is convicted, he is also further liable to indictment, and such punishment as the law prescribes for his offence. This court also sits for the correction of errors, which happen in the court of chancery, or the supreme court. Errors in the orders or decrees of the court of chancery, are brought before this court by appeal, and there are examined and heard; and the court affirms, reverses, or alters the orders or decrees appealed from, or makes such other order or decree as justice requires. Errors in the judgments and proceedings of the supreme court, are brought before this court by writ of error; and this court has power to reverse or affirm the judgment of the supreme court, or to give such other judgment as the law requires. When an appeal from a decree in chancery is heard in this court, the chancellor informs it of the reasons for his decree, but has not a final vote. And when a judgment of the supreme court is reviewed in this court, the justices of that court assign the reasons for their judgment; and these reasons in both cases are assigned in writing, and before the argument commences. The sessions of this court are held at such times as the court from time to time directs, so that but two sessions only be held in any one year, during the recess of the legislature. Process. The process of this court are signed by the clerk, with the seal of the court affixed, and tested in the name of the president of the Senate. QUESTIONS ON THE PRECEDING. Of what officers is the court for the trial of impeachments and the correction of errors composed? How does it proceed in the trials of impeachments? How many members must concur in order to convict? What is the judgment upon conviction? What cases does this court determine as a court of errors? OF THE COURT OF CHANCERY. The powers of this court are vested in the chancellor. Powers and jurisdiction. The jurisdiction of this court is very extensive, and difficult to define. It seems however to take cognizance of the various matters that may arise under the following heads, viz. Fraud, Trust, and Accident. The specific performance of agreements, powers, wills, devises and legacies, trustees and guardians, executors and administrators, form a large class of cases and persons over which this court exercises jurisdiction; as also over many other cases in which courts of law afford no remedy, or not such an one as equity and natural justice require. It has also concurrent jurisdiction with courts of law, in all matters of account, and also where the remedy at law is doubtful. This court will dismiss every suit concerning property where the matter in dispute, exclusive of costs, does not exceed one hundred dollars. The chancellor has jurisdiction of appeals from the de. crees of vice chancellors and surrogates, and in a few cases from the judgments and determinations of the courts of common pleas and circuit judges. Terms. The terms of this court are appointed by the chancellor, and may be altered by him as the public convenience requires; but four terms are required by law to be held in each year-two in the city of Albany, and two in the city of New York. These stated terms are held for eight days at least, and longer if necessary. Vice chancellors. Every circuit judge within the limits of his circuit except in the first and eighth circuit, is a vice chancellor, and in the following cases possesses the powers and jurisdiction of the chancellor. Where the cause and matter arises within his circuit; where the matter in controversy is situated within his circuit; and where the persons proceeded against, or either of them reside within his circuit. And the decisions of the vice chancellors are reviewed, on appeal, by the chancellor; but a vice chancellor cannot in any case review the decrees or decisions of another, nor of any other inferior court or officer, except in a few cases specially provided by law. Terms. Vice chancellors are required to hold four stated terms in each year, at such times and in such counties in their respective circuits, as they may appoint at the usual place of holding courts in such counties. They may also hold special terms, at such times and places as they deem proper. QUESTIONS ON THE PRECEDING. In whom are the powers of the court of chancery vested? Of what appeals has the chancellor jurisdiction? Who appoints the terms of this court? How many terms are required to be held in each year? Where and how long are these stated terms held ? Who are vice chancellors? Of what cases has the vice chancellor jurisdiction? How are the decisions of the vice chancellors reviewed? How many stated terms in each year does a vice chancellor hold? Can they hold other terms? |