an entirely different nature from those that have been considered. It arises not out of the consent of the owner, either express or implied, but on the contrary often exists contrary to the intent of the owner. It rests upon motives of public policy and the general welfare of the community.

For example, in time of conflagration or other public calamity, officers and even private persons are justified in entering on any premises or into any building necessary or reasonably convenient to check the disaster; and they may do any damage that is reasonably necessary even to the extent of a total destruction.

If for any reason a public highway becomes impassable a traveler has a license by law to pass around the obstruction by going over the adjacent land, and for that purpose may remove a fence.

§ 526. Legal process.-Officers charged with the execution of legal process have a license by law to enter upon land when necessary to do so. Ordinarily the license extends only to the land and not to the dwelling-house, which is regarded as the castle of the owner. But in case of felony or breach of the peace the officer may also enter the house, and if need be break open the door to effect an entrance. So, also, if the command of the writ necessarily involves entering the house, as in the case of search warrants or writs for possession, the officer is entitled to enter forcibly.

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§ 527. Condemnation proceedings. Similar to entry under legal process is the entry for purposes condemnation. Where the statute provides that an owner's land may be taken for certain public pur

poses, upon compensation being made, the procedure must be strictly followed, and any violation or excess may be deemed a trespass. Such statutes usually provide for a preliminary survey of the ground by the parties contemplating the condemnation proceedings, and for the purpose of making such surveys, an entry may be made without incurring the liability for trespass.

§ 528. Effect of exceeding the license.-The nature and extent of the license being ascertained, the licensee is bound to confine himself within its limits. If he goes beyond he loses all protection and is regarded as a trespasser from the beginning. So, if one who pretends to enter a store upon the implied invitation to look at wares, should use the occasion to steal or injure, or if one enters and steals during a conflagration, his original entry is a trespass.

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CHAPTER XL.

COURTS IN GENERAL.

§ 529. Courts and their jurisdiction.-A court is a tribunal in which controversies concerning public and private rights and wrongs are adjudicated according to the regular forms of law. Courts are the substitutes which in civilized societies take the place of private war, or the right of each individual to seek the redress of his wrongs in his own way. Courts are the creatures of positive law and their jurisdiction is fixed by the power which creates them. The constitution of the United States and the laws of congress fix the jurisdiction of the United States courts, and the constitutions of the several states and of their respective legislatures fix the jurisdiction of the state courts.

§ 530. Jurisdiction defined.-Jurisdiction is the right of a court to hear and adjudicate the rights of the parties in a case. It depends on the character of the controversy as to its subject-matter, or on the character of the parties to the controversy, or upon the place where the subject of the controversy arose. Jurisdiction is original or appellate. A court of original jurisdiction is one in which suits are instituted and prosecuted to judgment. A court of appellate jurisdiction is one in which a cause once tried in a court of original jurisdiction may be tried again on its merits,

or in which the record of the court of original jurisdiction may be examined and reviewed to ascertain if the adjudication of the court below was correct. Again, jurisdiction is exclusive or concurrent. A court is a court of exclusive original jurisdiction where the matter in controversy is such that it can not be heard in any other court. Courts are said to be of concurrent jurisdiction where certain actions may be commenced in one or the other, as the party bringing the suit may elect. In these cases, however, the court which first obtains jurisdiction retains it until the final judgment, to the exclusion of all others.

§ 531. Federal courts.-The federal courts consist of the Supreme Court of the United States, the United States Circuit Courts of Appeals, the United States Circuit Courts, the United States District Courts, the Court of Claims, the Court of Private Land Claims, the Territorial Courts, and the Courts of the District of Columbia. The judges of these courts are appointed by the President, by and with the advice and consent of the senate of the United States, and with the exception of the judges of the Court of Private Land Claims and the Territorial Courts, they hold office during good behavior. Judges. holding during good behavior, who are seventy years old and have served ten years, may retire from office, their compensation continuing during life. Such judges can only be removed from office when they are impeached by the lower house of congress for misconduct in office, and found guilty by the senate of the United States. No law can be passed which will deprive such judge of his office, nor can

any law be passed which will diminish his compensation during his term.

§ 532. The senate as a court.-By the constitution of the United States the senate, in addition to its function as a branch of the legislative department of the government, is charged with the duty of hearing and pronouncing judgment in all cases where a public officer is impeached for misconduct in office by the lower house of congress. When the senate is in session trying cases of impeachment the chief justice of the United States presides over its deliberations.

§ 533. Judicial circuits and districts.-The United States is now divided into nine circuits, corresponding to the number of the judges of the supreme court. Judicial districts are created from time to time by congress as the exigencies of business require. Each state has at least one district and some are subdivided into two or more.

§ 534. Judicial power of the United States.-The constitution of the United States declares that the judicial power of the United States shall extend to all cases in law and equity arising under the constitution, the laws of the United States, and treaties made or which shall be made under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty' and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states, between a state and citizens of another state, between citizens of different states, between citizens of the same state claiming lands under grants of different states, and between a