Sec.9.  In case of an absent or concealed debtor, the constable, (as is supposed to be the common practice,) leaves a copy of the attachment, with an inventory or list of the articles of property attached, at the defendant’s last place of abode, or, if he had none in the county, the copy and inventory are to be left with the person in whose possession the property is found.  If the defendant does not appear on the day of trial, the plaintiff may proceed to prove his demand and take judgment.  An execution is then issued against the property attached.

Sec.10.  If either party is dissatisfied with a judgment rendered in a justice’s court, he may appeal to a higher court for trial, or for a review of the judgment.  The party appealing is called appellant; the adverse party is the appellee or respondent.

Sec.11.  An important part of the duties of a justice of the peace relates to the arrest and trial of persons charged with crimes and misdemeanors.  Although they have not power to try high offenses usually called crimes, they may order the apprehension of persons charged with such offenses, and cause them to be committed for trial.

Sec.12.  A person knowing or suspecting another to have committed an offense, may make complaint to a judge or justice of the peace, who examines the complainant on oath, and witnesses, if any appear; and if he is satisfied that an offense has been committed, he issues a warrant, directing the person accused to be brought before him.  The complainant and witnesses for the prosecution, and next the prisoner and his witnesses, are examined.  If the offense is one of which the magistrate has jurisdiction, he may proceed to try the prisoner, who, it will be recollected, is entitled to be tried by a jury.

Sec.13.  If the offense is one which the magistrate has not power to try, he binds the prosecutor or complainant and all material witnesses to appear and testify against the prisoner at the next court having power to indict and try him.  And if the offense is one for which the prisoner may be bailed, the magistrate takes bail for his appearance at court.  If the offense is not bailable, or if no satisfactory bail is offered, the magistrate orders him to be committed to jail to await his trial.  But, as will be seen hereafter, he must be indicted by a grand jury before he can be tried. (Chap.  XIX., Sec.7-9.) And were there no danger of an offender’s escape before he could be brought to trial, his previous arrest and examination might be unnecessary.

Sec.14.  The obligation or bond given by a prosecutor and witnesses for their appearance at court, is sometimes called a recognizance.  They bind themselves, with sureties, to forfeit and pay a certain sum of money in case of their non-appearance.  A similar bond or recognizance is given in case of bail.  The person accused binds himself, with sureties, in such sum as the justice requires, which is to be paid if he shall not appear for trial.  The word bail is from a French word meaning to deliver, or to release.  Hence, the justice bails, sets free, or delivers to his sureties, the party arrested.  Also the sureties are said to bail a person when they procure his liberation.