Terms.  There shall be at least five terms in each county and two terms in each year in each city except in cities of the second class that have their own courts.

For explanation of circuits, see under Attorney-General, page 30.

The term of a court is its regular session, or sitting, for the hearing and trying of cases.  The word court means not only the room or hall in which a judge sits to try cases, but it means the judge while sitting in court, or a number of judges sitting in court together.  An order of the court means an order given officially by a judge.

Jurisdiction.  Shall have original jurisdiction for the trial of all presentments, informations and indictments for felonies; of all cases in chancery and civil cases at law, except cases to recover personal property or money of less value than $20; of all cases for the recovery of fees, penalties, etc.; of questions regarding the validity of ordinances and by-laws of a corporation; or involving the right to levy taxes; and all cases civil or criminal when an appeal may be had to the Supreme Court of Appeals.  Also, of all proceedings by quo warranto; and may issue writs of habeas corpus, mandamus, prohibition, and certiorari to all inferior tribunals; issue writs of mandamus in all matters arising from or appertaining to the action of the board of supervisors; determines the probate of wills and testamentary cases; may appoint guardians, curators, commissioners in chancery, etc.

Appellate jurisdiction of all cases, civil and criminal, where an appeal writ of error or supersedeas may be taken or allowed by said courts from or to the judgment or proceedings of an inferior tribunal.  But no circuit court shall have any original or appellate jurisdiction in criminal cases arising within the territorial limits of any city wherein there is established by law a corporation or hustings court.

Original jurisdiction means jurisdiction from the beginning of a case—­that is, power to take up and try it when it is first entered in law.  The Supreme Court of Appeals has not this power.  It can deal only with cases that have already been tried in some other court.  But the circuit courts may try cases on their first hearing.  This is original jurisdiction.  They have also general jurisdiction—­that is, they can try all cases in general in which the law is violated, or the protection of the law is sought or required.

A presentment is a notice taken by a grand jury of any offence or crime of which they may have knowledge. (For grand jury, see page 70.) The notice is a written statement of the facts, and the statement is sent or presented to the court in which the case may be tried.

After the presentment is made, the commonwealth’s attorney prepares an indictment.  This is a written charge against the accused person, with full particulars of the crime or offence alleged.  The grand jury next make an investigation of the indictment by examining witnesses on oath, and if they think that the evidence is sufficient to prove the charge against the accused, they write on the indictment the words a true bill.