Elements of Civil Government / A Text-Book for Use in Public Schools, High Schools and Normal Schools and a Manual of Reference for Teachers

by Alexander L. Peterman

Many city courts have been established by the Legislature. The judge of a city court is appointed by the Governor, or elected by the people, according to the provisions of the act establishing the court. The term and the qualifications of the judge, and the jurisdiction of the city court, are also fixed by the legislative act creating the court. The term is sometimes four years and sometimes two.

The solicitor of the city court is appointed by the Governor, or elected by the people, for a term of two or four years. It is his duty to represent the State in all criminal cases tried in that court.

There is in each county of the State a court of ordinary. The presiding officer of this court is styled the ordinary. He is elected by the voters of the county for a term of four years. The jurisdiction of the court of ordinary extends throughout the county over all matters relating to the administration of property of deceased persons, orphans, idiots, lunatics, and insane persons. In the ordinary is vested the power of appointing guardians of the person of orphans and insane persons. The ordinary also has charge of county roads and revenues where no board of county commissioners has been established. The ordinary is clerk of his own court, and the sheriff of the county is his executive officer.

The State is divided into twenty-six judicial circuits, and each circuit has one superior court judge (or mote than one if the Legislature so provides). This judge is elected by the people for a term of four years. To be eligible he must be thirty years of age; he must have been a citizen of the State for three years, and must have practiced law seven years.

The superior courts have original and appellate jurisdiction. Actions may be begun in this court, and actions may be appealed to this court. The original jurisdiction of this court extends exclusively over all suits for divorce, suits where titles to land are involved, cases in equity, and criminal cases where the person is accused of a crime the punishment for which is loss of life or imprisonment in the penitentiary. Offenses of a lesser grade are called misdemeanors. The court has jurisdiction over all civil cases. The judge of the superior court has the power to issue various writs for the enforcement of the law, and grant charters to all corporations, except banking, insurance, railroad, canal, navigation, express, telephone, and telegraph companies. Cases appealed from justice courts, county courts, courts of ordinary, and certain city courts lie to the superior courts.

The clerk of the Superior court is elected by the people for a term of two years. He has custody of all court papers, records, liens, deeds, mortgages, and other conveyances, issues executions, subpoenas, commissions to take interrogatories, and other writs with the authority of the court. He also has the power to administer oaths.

The sheriff of the county is properly a county officer, but his duties are closely allied with the superior court. He is elected by the people for a term of two years. It is his duty to execute all orders of the court, attend in person or by deputy all its sessions, keep a record of all sales and executions, publish advertisements of sales, and conduct sales at the county seat. He levies executions, serves warrants, and executes all the writs of the judge of the superior court. The sheriff may appoint deputies to assist him in the performance of his duties.

The solicitor-general is elected by the people for a term of four years. He must have been three years a citizen of the State, he must be twenty-five years of age, and must have practiced law three years. He is the solicitor of the whole circuit, and is not a county officer. He advises the grand jury, examines witnesses before that body, and draws up all indictments and presentments. It is his duty to prosecute or defend any civil action in his circuit in which the State is interested, collect moneys arising from fines and forfeited bonds, and all claims of the State, as ordered by the Comptroller-General. He represents the State in all criminal actions in the superior court, of which he is the solicitor, and in the Court of Appeals or the Supreme Court in cases appealed from his circuit.

The Court of Appeals consists of three judges, elected one every second year for a term of six years. The Supreme Court consists of a chief justice and five associate justices. They are elected two every second year for a term of six years. A judge of the Court of Appeals or a justice of the Supreme Court must be thirty years of age, must have been a resident of the State three years, and must have practiced law seven years.

The Court of Appeals has appellate jurisdiction in cases appealed from certain city courts, and in criminal cases, not capital, appealed from the superior courts. The Supreme Court has appellate jurisdiction in civil cases appealed from the superior courts, and in all cases of conviction of capital crime. The Supreme Court also settles any question as to the meaning of the Constitution, and as to the constitutionality of a State law. It is the highest judicial authority in the State.