The Prison Commission hears applications for pardons and makes recommendations for executive clemency to the Governor, but he may reject their advice.

JUDICIAL SYSTEM.—­The judicial branch of our State government is vested in the Supreme Court, the Court of Appeals, superior courts, county, and city courts, courts of ordinary, justice courts, and courts recently established in certain cities in lieu of justice courts.

The difference in the courts consists of their varied jurisdiction.  Jurisdiction is the power to hear and determine cases.  Two questions are usually involved in determining the jurisdiction of a court.  First, the residence of the defendant, and, second, the amount involved and the subject matter of the litigation.  The jurisdiction of a court is usually limited to a particular territory, and, with the exception of the superior courts, it is limited as to the character of the litigation.

In each militia district of every county of the State, except in certain cities, there is a justice court.  This court was established for the trial of cases involving small amounts, and for the preliminary trials of persons charged with offenses against the laws of the State.  The justice is elected for a term of four years by the voters of the county.  To be eligible for this office one must have been a resident of the district for three months, and such other qualifications apply as do to voters for members of the General Assembly.  This court holds its sessions monthly.

Upon the recommendation of the grand jury of the county, a notary public and ex-officio justice of the peace may be appointed by the judge of the superior court and commissioned by the Governor.  His powers are the same as a regularly elected justice, and his term of office is for the same number of years.

The jurisdiction of the court extends to all cases arising from contracts, or injuries, or damages to personal property, when the amount claimed does not exceed $100.  Contests for the possession of personal property, when the title is not involved, may also be tried in justice courts.  When the amount involved is less than $50 an appeal may be had to a jury of five men; if the amount exceeds $50, an appeal may be had to the superior court.

Upon the arrest of any person charged with any offense against the laws of the State he can be brought before the justice of the peace for a preliminary trial.  If in the opinion of the justice there is sufficient evidence, he is bound over to a higher court for trial.

The justice of the peace can issue warrants for the arrest of persons charged with crimes, and is qualified to administer oaths.  The executive officer of the justice court is the constable, who is elected by the people for a term of two years.  He serves subpoenas, levies executions, conducts the sales of the court, and makes arrests.