Civil Government for Common Schools Part 15

Q. How many counties in each of the districts?

A. One county in the First, nine in the Second, seven in the Third, eleven in the Fourth, six in the Fifth, ten in the Sixth, eight in the Seventh, eight in the Eighth district.

Q. How many counties in each of the departments?

A. One in the First, nine in the Second, twenty-eight in the Third, and twenty-two in the Fourth.

Q. How many Justices const.i.tute the General Term Court, or the court held in and for the department?

A. Three in each Department.

Q. Where do these Justices come from?

A. They are appointed by the Governor from the Supreme Court Justices that have been previously elected by the people.

Q. Must these Justices be taken from their respective departments?

A. Not necessarily; they may be transferred from another department; as for instance, a Justice from Buffalo in the Fourth Department has been transferred to the First Department.

Q. How many Supreme Court Justices are elected in the territory known as the First Department?

A. Five.

Q. How many Supreme Court Justices are elected in the district known as the Second Department?

A. Five.

Q. How many Supreme Court Justices are elected in the districts known as the Third Department?

A. Twelve.

Q. How many Supreme Court Justices are elected in the districts known as the Fourth Department?

A. Twelve.

COURT OF APPEALS.

Q. Of what does the Court of Appeals Consist?

A. Of seven Judges, elected by the electors of the whole State for a term of fourteen years; one of their number is called a Chief Judge, the others are called a.s.sociate Judges; they cannot hold the office after they are seventy years old.

Q. What jurisdiction has this court?

A. Appellate.

Q. State how appeals may be taken from one court to another?

A. The party aggrieved may appeal from a Justice Court to a County Court; from County or Supreme Courts to Special Term; from Special Term to General Term; from General Term to Court Of Appeals.

Q. What may these Courts do?

A. They may affirm decisions made by lower courts, or reverse decisions, or grant new trials. The salary of the Chief Judge of the Court of Appeals is $7,500; of his a.s.sociates, $7,000.

ILl.u.s.tRATION.

Q. In what court must a person charged with the crime of murder be tried?

A. In the Oyer and Terminer, or in some court having the same jurisdiction.

Q. What privilege has the prisoner if convicted?

A. He has the right to appeal to the Justice holding a special term, asking for a new trial.

Q. Should this Justice refuse to grant it, what further can he do?

A. Appeal to the General Term.

Q. It the General Term refuse, what then?

A. It can be taken to the Court of Appeals.

Q. If the Court of Appeals refuse to grant a new trial, what then?

A. The decision of the Oyer and Terminer must be carried out unless the Governor interferes.

Q. In case the penalty is death and the day for execution has pa.s.sed, what then?

A. The prisoner must be re-sentenced by the judge that presided at the trial.

Q. In case either of the Appellate Courts grants a new trial, what is to be done?

A. The cause will be tried in the same court, or, in one having the same jurisdiction, but before a different jury.

Q. How are civil causes managed on appeal?

A. In the same way, only that the court may affirm or reverse decisions as well as grant new trials.

A FEW COMPARISONS BETWEEN THE STATE AND NATIONAL GOVERNMENTS.

Q. Name one similarity between the State and National governments?

A. Each has three divisions, the Legislative, Executive and Judiciary.

Q. Name a similarity in the Legislative department?