§ 4. Courts of chancery, or courts of equity, separately organized as such, do not, it is believed, exist in any of the states. The power to try suits in equity is exercised by the judges of the common law courts.

5. Court of Probate. In each county there is a judge of probate, whose duties relate to the proving of wills, and the settling of the estates of persons deceased. A will is a writing in which a person directs how his property shall be disposed of after his death. The Latin word probatus means proof; hence the application of the word probate to the proving of a will. (See Wills and Testaments.) In the state of New York, this officer is called surrogate.

§6. Court of Impeachment. There is no permanent court by this title. The name is applied to the senate when sitting on a trial of impeachment. An impeachment is a charge against a public officer for corrupt conduct in office. If some person should offer a member of the legislature a sum of money or some other advantage, to induce him to vote for or against a proposed law, and such member should so vote; this would be corrupt conduct, for which he might be impeached. And so any officer who, from bad motives, should do a wrong act in discharging the duties of his office, or should commit a crime, would be impeachable. By the constitution, the power to impeach is given to the house of representatives.

§ 7. The mode of commencing a trial of this kind, as prescribed by law, is as follows: The house of representatives makes the charge, and delivers it to the president of the senate, who causes the court to be summoned. The accused is then brought before the court to answer the charge, and is entitled to counsel to assist him. When the issue is joined, the court appoints a time and place for trial. Before the trial commences, the clerk administers to the president of the senate, and the president to the other members, an oath truly to try and determine the charge according to evidence.

§ 8. The trial is conducted as trials are in courts of justice. If two-thirds of the members present concur in a conviction, the accused is convicted; if not, he is acquitted. To convict is to prove and determine a person guilty of an

offence. If the person is convicted, the court may remove him from office, or disqualify him from holding any office thereafter, in the state, or both remove and disqualify him; but no other judgment can be pronounced by this court. But if the act committed by the offender is a crime, he may also be indicted, tried, and punished in a court of common law, as any other person.

EXERCISES.

§ 1, 2. What is the object of courts of chancery or equity? Mention some of the powers vested in this court.

§ 3. Describe the commencement and progress of a suit in chancery.

§ 4. By whom are equity powers generally exercised? § 5. What is the business of a court of probate? What is a will?

§ 6. What is the business of a court of impeachment ? Of whom is this court composed? For what kind of offences is a person impeachable? Describe the beginning and progress of a trial of impeachment?

§ 7. How many members must concur to convict? What judgment does this court pronounce? Is the offender liable to any other penalty?

CHAPTER XXX.

Of Rights.-The Right of Property; Title to Real Estate.

§ 1. In the foregoing chapters we have given a general description of the government of a state, and have seen how its important affairs are conducted; how the several departments, legislative, executive and judicial are organized; and what are the powers and duties of the different classes of officers in these departments. We have seen in all this, how well our government is adapted to secure to the people the free exercise and enjoyment of their rights, and to promote the general welfar

§ 2. Every citizen should not only know how the laws are made and administered; he ought also to know what the laws are by which he is to be governed. Some of these laws have necessarily been given in connection with the description of the government and the duties of its numerous officers. But a more extensive knowledge of the laws is necessary. Without such knowledge, a person cannot well maintain his own rights, nor duly discharge the duties he owes to his fellow citizens. I shall therefore proceed to give an abstract of the laws in general, which more particularly define the rights and prescribe the duties of citizens in the social and domestic relations.

§ 3. The rights of citizens are either rights of person or rights of property. By the rights of person, or personal rights, we mean the right to be free to think, speak, and act as we please, and the right to be secure from injury to our bodies or persons and our good names. The right of property is the right to acquire, hold, and enjoy property. All laws may therefore be considered as being intended to secure either the one or the other of these classes of rights.

§ 4. The rights of citizens are secured by laws. These laws are, first, statute laws, the laws enacted by the lawmaking power of the state, called also the written law, being always written or printed; and secondly, the common law, which consists of rules that have become binding by long usage and established custom. The common law of this country is the same as that of England, having been introduced and established here while the people were subject to that country; and it is still considered the law in all cases where no law has been made to the contrary.

§ 5. Every citizen of the United States may hold lands, and take the same by descent, devise, or purchase. To take land by descent, is to obtain it by inheritance. When a person, dying, makes no previous disposal of his property, it falls, or descends, by right, to his children or other relatives: hence they are said to become heirs to the property by de

scent.

§ 6. But a person may direct his property to be given, after his death, to whomsoever he pleases. This is called devising property, or bequeathing it; and the person receiv

ing the property is said to have acquired it by devise. And if a person pays for property an equivalent in money or some other property, he obtains it by purchase.

§ 7. But though every citizen of the United States may hold real estate, and convey it to others, the like privilege is not enjoyed by all aliens. By the common law, aliens can not hold and convey real property. In many states, however, laws have been enacted removing this disability. On declaring their intention to become citizens, and complying with certain regulations prescribed by law, an alien acquires the right to take and hold real estate to himself and his heirs forever.

§ 8. Title to real property by descent. The laws of each state prescribe the order in which the property of intestates descends to their heirs. A testament, or will, is a written instrument, in which a person declares his will concerning the disposal of his property after his death. The word testament is from the Latin testis, meaning witness: hence the application of the word to this instrument, which is the witness or proof of a person's will. The person making a will is called testator: hence, a person dying without making a will or testament, is called an intestate.

§ 9. The order in which the real estate of an intestate descends, being to a great extent determined by the laws of the states, is not uniform in this country. In general, however, the property of an intestate descends, first, to his lineal descendants, that is, persons descending in a direct line, as from parents to children, and from children to grand children. The lineal descendant most nearly related to the intestate, however distant the relation may be, takes the property.

§ 10. If any children of an intestate are dead, and any are living, the inheritance descends to the children living, and to the descendants of the children dead; so that each child living shall receive such share as he would receive if all were living, and the children of those who are dead, such share as the parents would receive if living. Thus, suppose an intestate to have had three sons, one of whom is dead, but has left children. In this case, each of the sons living would share one-third of the property, and the children of the other son would have the remaining third.

§ 11. But if the children are all dead, and there are grand children living, the grand children share equally in the inheri tance, though not an equal number are children of each pa rent. If, for example, A dies intestate leaving two sons, B and C, both of whom die, the one leaving three children, and the other two, the five share equally in the estate. If, how ever, B, having three children, were living, and C were dead, leaving two children, then one half of the property would descend to B, the son, and the other half to the two grand children, the children of C.

The laws of descent in the several states are so various in cases in which there are no lineal descendants of an intestate that reference must be had to the laws of each particular state.

EXERCISES.

1, 2. Can you give any reasons why a citizen should be acquainted with the government and laws under which he lives?

§3. Define rights of person, and right of property.

§4. Define statute law and common law. How came the common law to prevail in this country? How far is it binding? § 5, 6. In what ways may a title to land be acquired? Define these several modes of acquiring property.

§ 7. What are the privileges and capacities of aliens as to holding and conveying real property?

§ 8. Define will, testament, testator, intestate. § 9. To whom does real estate first descend? § 10. Describe the manner of distribution if of an intestate are dead.

any children

§ 11. What is generally the order in which property descends to children, grand children, &c.? When there are no lineal descendants, what order does property take in this state?