offence is of a personal nature, when the sentence is conclusive. And such officer may, in case of emergency, appoint a judge advocate, pro tempore.

The regimental court martial is composed of five members, the president of whom shall not be under the rank of captain. The general court martial consists of thirteen commissioned officers, not under the rank of captain, the senior of whom is president. The concurrence of two-thirds of the court is necessary, in every sentence for inflicting punishment; and each member, with the judge advocate, swears to determine the case according to the evidence, that he will not divulge the sentence until it have been approved or disapproved; and will at no time, discover the vote or opinion of any member, unless required to give evidence thereof in a court of justice.

The expense of a court martial, trying an officer of the general staff, is payable from militia fines in the State treasury; trying an officer above the grade of major, by the paymaster of the brigade; trying a major, or inferior officer, by the battalion paymaster. Members of courts martial receive $1 50 per day, and witnesses fifty cents-payable on certificates of the judge advocate.

Commissioned officers guilty of unofficer-like conduct, may be cashiered by the court, or punished by fine, not exceeding fifty dollars. The commanding officer of a regiment, battalion, or squadron, failing to give orders for assembling his command, as directed by his brigadier, or in case of invasion, may be cashiered, and punished by a fine not exceeding one hundred dollárs: and a commissioned officer of a company, guilty of like offence, under the orders of the commandant of the regiment, &c., is subject to like punishment; and a non-commissioned officer, to a fine not exceeding thirty dollars. The commanding officer of a company, &c., failing to return a list of persons, notified to perform a tour of duty, to the colonel, &c., may be cashiered, or fined in a sum not exceeding one hundred dollars.

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Non-commissioned officers, or privates, appearing drunk upon parade, disobeying orders, using reproachful or abusive language to officers, quarrelling or promoting quarrels among fellow-soldiers, may be disarmed and put under arrest, until the company be dismissed, and be fined by court martial, not exceeding eight dollars. A militiaman deserting whilst on a tour of duty, may be fined not exceeding one hundred dollars, and imprisoned not more than two months; and if a non-commissioned officer, shall be degraded to the ranks. Non-commissioned officer, or private, bringing on parade, or discharging, within a mile thereof, any loaded fire arms, on the day assigned for improvement or inspection, without permission from a commissioned officer, is subject to a fine of one dollar.

When ordered out for improvement or inspection, the militia are under military discipline, from the rising to the setting of the sun, and none, during such time, may be arrested on civil process: on days of exercise they may be detained under arms, on duty, in the field, six hours; but not more than three hours without time being allowed to refresh themselves. The retailing of spirituous liquors, on, or within a mile of the parade, is prohibited under a penalty of forfeiture of such liquors. The rules of discipline are such as may be established by Congress for disciplining the regular troops of the United States.

By-standers at any muster, molesting or insulting, by abusive words or behaviour, any officer or soldier, while on duty, may be put under guard, and kept at the discretion of the commanding officer, until sundown; and if guilty of like misconduct, before a court martial, may be fined not exceeding twenty dollars, and costs of prosecution. Fines imposed by courts martial, are certified by the judge advocate to the brigade board, and are collected by the brigade paymaster, in the manner above directed. The surplus money in the hands of the brigade paymaster, is appropriated to the purchase of arms, accoutrements, colours, instruments of music, and the preservation of arms (the arms being subject to the order of the commander in chief, in case of invasion, insurrection, or war). And the judge advocate is required, after the annual meeting of the brigade board, to transmit to the adjutant general, a statement of the disbursements, and arms, &c., to be laid by him before the legislature. The commandants of regiments, independent battalions, and squadrons, account to the brigade board for the monies received by them for teaching music, and other purposes.

The commander in chief, or of brigade, when the militia may be called into actual service, may receive uniform companies from any brigade in the State as volunteers, who having served their tour, are exempted from draft, until their battalions, regiment, or brigade shall have performed like service; and their brigade is accredited

for the number so volunteering. Due authority is given to the commander in chief for organizing companies on the sea-board when necessary for its protection: and he may furnish any uniform company with arms, the property of the State; the officers giving bond for keeping them in repair, and returning them when required. Uniform companies are attached to the battalion within the bounds of which a majority of the company resides.

Any person desirous to be exempt from militia duty, is required, on or before the first of April, annually, to report himself to the commanding officer of the company, in the bounds of which he may reside. Such officer returns the list of exempts to the township collector, on or before the twentieth of June, annually, who taxes each, the sum of five dollars, in addition to his other taxes; designating it in his duplicate, delivered to the township collector; and he, also, furnishes the collector of the county, on or before the first of December, annually, two certified abstracts of the names of such exempts. The township collector pays to the county collector, such taxes, and his certificate of the death, insolvency, or absconding of the exempt, is a sufficient voucher against the tax; and the county collector pays to the State treasurer, the exempt taxes, with other State taxes, and the treasurer carries them to the credit of the school fund.

The commanders of the respective companies enrol all persons within their bounds liable to perform militia duty, not returned as exempts, and fine them for non-attendance on days of parade, according to law, under the penalty of thirty dollars for omission. But exempts may be classed as enrolled militia when called into actual service. And due provision is made by law for classifyng the militia for actual service when required.

The following is the state of the militia, apparent from the last return of the adjutant general, viz: Commander in chief, 4 aids-de-camp; 1 quartermaster general, 4 deputies; 1 adjutant general, 4 deputies; 4 major generals, each having two aids; 13 brigades and brigadiers, and the independent battalion of Cape May county.

BRIGADE STAFF, consisting of 13 brigade majors and one adjutant, 13 paymasters, 11 quartermasters, 6 surgeons, 13 judges advocate.

CAVALRY:-1 brigadier general, 4 colonels, 9 majors, 31 captains, 63 lieutenants, 25 cornets, 86 sergeants, 73 corporals, 11 saddlers, 10 farriers, 36 trumpeters, and 1673 privates, making an aggregate of 1810. CAVALRY ARMS: sabres 734, pairs of pistols 609, holsters 733, cartridges 376, cartridge-boxes 359, horses, saddles, and bridles, each, 963.

ARTILLERY:-30 captains, 54 lieutenants, 93 sergeants, 75 corporals, 40 bombardiers, 68 gunners, 36 drummers, 25 fifers, 1802 privates,-total 1886. Ordnance apparatus and equipments: 18 six pounders, 8 four pounders, 1 two pounder, 1 swivel, 18 tumbrels and wagons, 25 ramrods and screws, 16 port-fire stocks, 33 dragropes, 14 handspikes, 159 muskets, 19 bayonets, 329 swords, 39 cartouche boxes, 23 powder horns and wires, and 43 knapsacks.

RIFLE CORPS-17 captains, 44 lieutenants, 48 sergeants, 16 corporals, 22 drummers, 16 fifers, 12 buglers, 1052 privates,-total 1115. Arms and equipments: 54 swords, 336 rifles, 132 fusees, 117 muskets, 17 powder horns and pouches.

INFANTRY:-Colonels 47, majors 96, adjutants 58, paymasters 98, quartermasters 48, surgeons 47, surgeon's mates 37, drum majors 20, fife majors 21, sergeantmajors 33, captains 406, lieutenants 397, ensigns 327, sergeants 1065, corporals 664, drummers 329, fifers 263, privates 28,882,-aggregate 30,456. Arms and equipments: swords 796, espontoons 57, muskets 8268, bayonets 3565, iron ram rods 5084, firelocks, other than muskets, 3373, cartridge boxes 1293.

III. The judiciary, as established under the colonial government, was recognised by the constitution, in the general clause continuing the laws existing at the time of its adoption, and in that, limiting the tenure of office of the judges. Some modifications and enlargement of jurisdiction have, however, since been made; and the judiciary power is now vested in a Court of Appeals, Court of Chancery, Supreme and Circuit Courts, Courts of Oyer and Terminer, and General Jail Delivery: Courts of Common Pleas, Quarter Sessions and Orphan's Court, and Courts for the trial of small causes, holden by Justices of the Peace. These institutions will be best viewed, passing from those of the lowest to those of the highest order; and attempting an outline of the constitution of each.

The courts for the trial of small causes or Justices' Courts, now depend upon the act of 12th of February, 1818, and its supplements. By these, every suit of a civil nature, at law, including suits for penalties, where the matter in dispute does not exceed the value of one hundred dollars, is cognizable before a justice of the peace of any county, who holds a court of record, endowed with the usual powers of such courts. From this jurisdiction, however, are excepted, actions of replevin, slander, trespass for assault, battery, or imprisonment, and actions wherein the title to real estate may come in question. The territorial jurisdiction of the justice is coextensive with his county, and his process is confined to it, except in the case of the subpœna ad testificandum, which may run into other counties. The constables of the several townships of the county are the ministerial officers of the court, who execute its process, tested on the day it is issued, and signed and sealed, by the justice.

The initiatory process is summons or warrant. The first is required when the defendant is a freeholder, and resident of the county where issued, and in cases where defendant cannot be held to bail; and may be used on all occasions, at the election of plaintiff; the warrant may issue against persons not freeholders, or against freeholders about to abscond from the county. The summons is returnable in not less than five, nor more than fifteen days from its date; and must be served at least five days before the day given therein for appearance, personally, upon the defendant,

or by a copy left at his dwelling. The warrant is returnable forthwith. Upon arrest the defendant either gives bond, with freehold surety, to the constable for his appearance at a stated day, not more than eight from the service, or is carried before the justice, where he enters into recognisance with like security, conditioned for his appearance, or is committed to prison to await the time of hearing, which must not be more than three days from the return of the warrant; or he is held by the constable, until the plaintiff be notified and have time to proceed to trial.

The amount of the sum demanded is endorsed upon the writ, with the costs, and may be paid to the constable in full discharge of the debt and arrest.

On the appearance of the parties, the trial is had, or the hearing is adjourned, by the justice himself, or on cause shown by either party, not longer than fifteen days: but if the defendant do not appear, judgment may be rendered by default; and by consent of parties may be entered, without process, for any sum within the jurisdiction of the justice.

After appearance of defendant, and plea entered, and before inquiry into the merits of the cause by the justice, either party may demand a trial by jury; upon which, where the sum claimed does not exceed sixteen dollars, six jurymen, and where over sixteen dollars, twelve jurymen may be summoned. The costs of the jury of twelve, when finding for the applicant, above five, and not exceeding twentyfive dollars, are paid, in part by him; but if finding for him, five dollars, or under, then the whole costs are paid by the applicant; the costs of the jury of six, finding in favour of the applicant, under five dollars, are wholly payable by him.

By consent, and at request of the parties, the justice may enter rules of reference of the matters in difference to such persons as shall be nominated by the parties.

Upon judgment rendered before the justice, no execution can issue against a female, when the debt is under two dollars. Where the debtor is a freeholder, and when sued by summons, he is to be taken as such, unless the presumption be disproved, or when a sufficient freeholder of the county shall join with him in confession of judgment to the adverse party, stay of execution may be had, where the judgment is over five, and under fifteen dollars, for one month; when over fifteen and under sixty dollars, for three months, and when over sixty dollars, for six months. The execution continues in force for one year from the time it is issued; but may be renewed upon scire facias, and judgment thereon, and takes priority from the time of levy made, and the surplus proceeds of sale under the first execution are applicable to the satisfaction of others, in successive order. The levy is made on the goods and chattels of defendant; and if another claim property in the goods levied upon, the constable stays the sale for ten days, unless indemnified by plaintiff; during which, the claimant, on application to a justice, may have his rights tried by a jury of six men, and if the application be not made within that time, the claim is deemed abandoned. The verdict, if against the claimant, protects the constable in making sale of the goods. For want of goods whereon to levy, the body of the defendant is liable to imprisonment until the debt and costs be paid, or until delivered by due course of law: and where there are no personal effects an action may be brought in the Common Pleas, on the judgment before the justice, in order to reach the real estate.

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From the judgment of the justice, on default, on absence or confession of defendant, or when the matter in dispute does not exceed three dollars in value, there is no appeal. In other cases, an appeal lies by either party to the Common Pleas to be holden next after rendition of judgment; the appellant giving bond, with surety, to the other party conditioned for the prosecution of his appeal. The justice determining the cause is excluded from sitting upon it in the appellate court.

The judgment of the justice may, also, be revised by the Supreme Court, by certiorari (but not by writ of error) issued within eighteen months from the rendition. Any justice is authorized, in cases in a Justice's Court, to take the deposition of infirm, sick, or going witnesses, and to issue commission for the examination of witnesses.

The justices (among whom are to be esteemed the mayor, recorder, and aldermen of any city, borough, or town corporate, within their respective territorial jurisdictions) are chosen by the legislature in joint meeting, for the term of five years, and may be reappointed for such terms, indefinitely, and dismissed upon impeachment by the assembly, and conviction by the council. Such justices are, by the act of 1794, conservators of the peace, and as such, are charged and empowered to

cause the laws to be observed, and to apprehend and punish offenders as the laws may direct. They exercise also many ministerial duties, as notaries in certain cases; and act as substitutes for the coroner, &c. &c. As the Justices' Court is that which disposes of the major part of the disputes among the citizens, we have occupied more space in relation to it than we shall give to the courts of higher order.

The Court of Quarter Sessions, in each county, is composed of the justices of the county, or any three of them; and is a court of record, having cognisance of all indictable offences perpetrated in the county and authority by its precepts to the sheriff, to summon grand and special juries, and to do all necessary things relative thereto, as directed by law; sending, however, all indictments found for treason, murder, manslaughter, sodomy, rape, polygamy, arson, burglary, robbery, forgery, perjury, and subornation of perjury, to be tried in the Supreme Court, or Court of Oyer and Terminer. To this court the several justices of the county send their recognisances for keeping the peace or good behaviour, and the examination of offenders, taken before them; and generally return to it the recognisances of witnesses and of bail in criminal cases. It has cognisance of cases of bastardy; may grant tavern licenses, the sums payable for which, not less than $10 nor more than $70, pertain to the county treasury; may recommend to the governor persons for license as pedlars; may hear appeals from the order of justices, between master and servant, and in pauper cases, and from conviction, by justices, under the acts for suppressing vice and immorality, &c.; and has, generally, the powers of a court of record, relative to the subjects of its jurisdiction.

The Common Pleas consist of judges appointed by the legislature, in joint meeting, who hold their offices for five years. The number in each county is unlimited, and varies from time to time. Any one of the judges may hold the court. They choose their own president for a year, and receive no salary or compensation, but certain bench fees, divided among them, rarely amounting to their expenses at the court. Their territorial jurisdiction is only coextensive with the county, but they may issue subpœnas for witnesses throughout the State. The court has unlimited original jurisdiction, at common law, in all personal actions where the freehold does not come in question, with some restriction as to costs, in cases cognisable before a justice. Its proceedings may be revised on writ of error to the Supreme Court.

And

The judges of the Court of Common Pleas, in the several counties, or any three of them, constitute the Orphans' Court; which is a court of record, and is holden four times a year, in the same week with the Courts of Quarter Sessions, and at such other times as the judges may deem proper. This court is empowered: to determine all controversies respecting the existence of wills, the fairness of inventories, the right of administration and guardianship, the allowance of the accounts of executors, administrators, guardians, or trustees, audited and stated by the surrogate; to award process to bring before them all persons interested, or witnesses, in any pending cause; or who, as executors, administrators, guardians, trustees, or otherwise, are accountable for any property belonging to an orphan, or person under age. the ordinary, his register, and surrogates, are required to transmit into this court, upon application, copies of all bonds, inventories, accounts, &c., relating to estates of orphans, &c. Where insufficient surety has been taken on granting letters of administration, or guardianship, this court has power to require administrators or guardians to give further security; and upon refusal, or malfeasance in their trust, to dismiss them and substitute others: and where an executrix having minors of her own, or is concerned for other minors, or is like to marry without securing the minors' estates; or where an executor, guardian, or other trustee of minors' estates is like to prove insolvent, refuses or neglects to account for such estates, to order that he give security to those for whom, he is concerned, by mortgage or bond, in such sum as the court may deem proper; conditioned for the performance of their respective trusts: and, where the surety in bond given by an administrator or guardian, alleges that such officer is wasting or mismanaging the estate, whereby the complainant is liable to damage, the court may compel such officer to render an ac\count, and if the malfeasance be apparent, may, on pain of dismissal, compel him to give separate security to his surety for the faithful performance of duty: and where there are two or more acting executors, guardians, or administrators, the court may, from time to time, on the application of any one of them, and sufficient reason shown, order the executor, &c., to account with his coexecutor, &c., and compel him to give separate security to such executor, &c., and on refusal, to authorize such coexecutor, &c., to sue for the assets in the hands of the executors, &c., refusing.