Sec.5.  Although justices of the peace are generally elected in the towns, their jurisdiction extends over the county; that is, they have power to try causes arising in any part of the county, or between citizens residing in other towns.  The jurisdiction of justices of the peace is generally prescribed by law.  The law prescribes the sum that may be sued for, or the amount of damage that may be recovered in a justice’s court, and the grade of offenses that may be tried in it.  In some states justices of the peace may try suits only in which the sum in controversy does not exceed $50; but in most of them, the jurisdiction of a justice extends, it is believed, to sums of $100 or more.

Sec.6.  Causes, in which money is claimed for damage or for debt, are called civil causes; those for the trial of persons charged with crime, or some misdemeanor, are called criminal causes.  All crimes, strictly speaking, are misdemeanors.  In common usage, however, the word misdemeanor denotes a smaller offense, such as is usually punishable by fine, or by imprisonment in a county jail, and not in a state prison.  Causes, actions, and suits, are words of similar meaning in law language, being generally used to signify prosecutions at law, or lawsuits.  The party that sues is called plaintiff; the party sued is the defendant.

Sec.7.  Prosecutions at law are conducted in nearly the same manner in the different states.  The following is a sketch of the proceedings in an ordinary civil suit in a justice’s court:  The justice, at the request of the plaintiff, issues a summons, which is a writ or precept addressed to a constable of the town, in some states to any constable of the county, commanding him to summon the defendant to appear before the justice on a day and at an hour specified, to answer the plaintiff (naming him) in a suit, the nature of which is stated in the summons.

Sec.8.  The constable serves the summons by reading it or stating the substance of it to the defendant; and if requested, gives him a copy of it.  If he does not find the defendant, he leaves a copy at his place of residence with some one of the family of proper age.  At or before the time named for trial, the constable returns to the justice the summons with an indorsement stating the day on which it was served, and whether served personally or by copy.  If served by copy, and the defendant does not appear at the time named for trial, a new summons is issued, as the practice is in some states—­perhaps all of them; and the trial may not proceed unless a summons has been personally served.

Sec.9.  The parties may appear in person, or by attorney.  An attorney is any person lawfully appointed to transact business for another; hence the word attorney does not always mean an attorney at law, or lawyer, who is properly an officer of a court of law.  When the parties have appeared and answered to their names, they make their pleadings; that is, the plantiff declares for what he brings his suit; and the defendant states the nature of what he has to offset against the demand of the plaintiff, or denies the demand altogether.  These acts of the parties are called joining issue.