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State, shall indorse on the back of the writ or summons his christian and surname, which indorsement, in case of the avoidance or inability of the plaintiff, shall hold such indorser to pay all costs the defendant shall recover in such action. * Sec. 8. And be it further enacted, That any party aggriev- Appeal ed by the judgment of the court of common pleas in any
granted. county, may appeal to the next supreme judicial court to be holden in the same county, where both parties shall have the benefit of any new and further evidence; provid- Terms of ed the appellant shall give bond in the clerk's office of the court appealed from, within five days after the rising of the same, to prosecute such appeal with effect, and in default thereof to pay cost.
Sec. 9. And be it further enacted, That it shall be the du- Chief jus. ty of the chief justice, or some one of the associate justice, &c. to tices of said court in each county, to examine the state of judgments the clerk's office thereof, and to ascertain that the judg- are recordments' rendered by said court have been regularly and seasonably recorded; and the justice making such exam- And make ination, shall annually report to the general assembly at report. May session, whether the said judgments have been recorded as aforesaid.
Sec. 10. And be it further enacted, That no justice of the No judge court of common pleas shall be a member of the general member of assembly.
1742, 43, '45, '52,
'98, 1803, '08, '22.
An act authorizing the Justices of the several Courts of Com- '60, "62
mon Pleas, or any three of them, to constitute and hold Special 166, 73, Courts in certain cases.
Section 1. Be it enacted by the General Assembly, and by the Justices of authority thereof it is enacted, That the justices of the sev- courts of eral courts of common pleas may, and they are hereby, to hold fully authorized and empowered to convene and hold special special courts of common pleas within their respective counties, any three of whom shall be a quorum, for the hearing and trying all such causes as by law are or shall be cognizable before such special courts; to give judgment therein accordingly, which shall be final, except in cases where a trial may be granted by the supreme judicial court according to law, and to award execution; and that the clerks of the courts of common pleas in the several counties, shall be clerks of the said special courts.
answer, when fil
Sec. 2. And be it further enacted, That all writs and Writs, how to is- processes of the said special courts shall issue out of the sue, &c.
clerk's offices of said courts, in the name of the state of Rhode Island and Providence Plantations, under the seal of the court, be signed by the clerk, and directed to the proper officer to be charged with the service thereof; and the like security shall be given for prosecuting with effect, as by law is prescribed for original writs returnable to the courts of common pleas; and that all writs returnable to the said special courts, shall be served six days
before the sitting of said court, the declaration shall be Declara filed five days, and the answer four days previous to said tion and
time; and that all executions on judgments of special
r eve Justice Sec. 3. And be it further enacted, That it shall be the applied to duty of the chief justice, or any associate justice of the to hold a court, to court of common pleas, in their respective counties, on notify oth- application to him made by any person entitled by law. er justices.
to commence a suit or action to a special court, to issue a notification in writing under his hand, directed to the other justices of said court, requesting them to meet at the time by him in such notification appointed, for the holding such special court; and the same shall be regularly served by some proper officer, or some indifferent person who
shall be sworn to the service thereof, which being done, it Other per- shall be lawful for any other person entitled by law, to com
ay mence an action to said special court, without any further Proviso. request or notification: Provided always, That if any writs
returnable to a special court shall be made returnable during the term of the court of common pleas as appointed by law, no request or notification as above directed shall be necessary, nor shall the same be necessary in case no an-swer or plea be filed in any action commenced as aforesaid; but either of the justices of said court shall be and hereby is authorized to render judgment in such action, and award execution thereon; and the said special court shall be authorized to adjourn, from time to time, as they shall think necessary,
applied to duty of common pleas; hy any person
court, to issu
sons may sue.
sue a ve
returned in case,
Sec. 4. And be it further enacted, That if issue in fact If issue in
ifact be shall be joined in any action commenced to a special joined, court of common pleas, the clerk of such court shall im- clerk to ismediately thereupon issue a writ of venire facias, direct- mure. ed to the sheriff or his deputy, or in case of the sherill being a party, the same shall be directed to some townsergeant in the county, requiring him or them respectively to summon twelve jurors, being good and lawful men of the county, to try such issue; and if there shall not be Byst a sufficient number of jurors attending in pursuance of ers may be such writ of venire facias, the court shall thereupon di- in rect the issuing other writ or writs of venire facias, or the taking up a sufficient number of the bystanding freeholders to complete a jury.
Sec. 5. And be it further enacted, That the same rules In what shall be observed in suits brought to special courts, in
* tions to be respect to the county in which the same shall be com- brought. menced, as by law is prescribed in relation to the commencement of transitory actions to the courts of common pleas. Sec. 6. And be it further enacted, That said special Jurisdic. ·
tion of, courts shall have cognizance, concurrent with the ordina- & ry courts of common pleas, of all actions brought before them by auctioneers or others, lawfully authorized to sell at auction, for monies due on sales of real or personal estate sold at auction, if of twenty dollars value or upward; of all actions commenced by the owners of real or personal estate sold at auction, against the auctioneer, or other person authorized to sell as aforesaid, for monies due from them on such sales; of all actions commenced against the directors of lotteries, granted by the general assembly of this State, for the amount of any prize tickets; of all actions brought against tenants who hold over their terms, for possession of the tenements or estates leased; of all actions commenced by the general-treasurer, or the town-treasurer of any town, against any collector of taxes and his bondsmen, for such collector's neglect of his official duty; and also of all actions brought against any sheriff, deputy-sheriff, town-sergeant or constable, for neglect in making due return of any execution, for neglecting to pay over to the creditor or his attorney the contents of any execution by him received, when demanded, or which shall be returned satisfied, or unsatisfied, without orders from the creditor or his attorney so to do, unless the body was committed, or bail taken, or
property attached, on the original writ; of all actions commenced by any sheriff against either of his deputies or their bondsmen, for any neglect of duty in relation to any
execution, for which the sheriff is answerable, or liable to be sued at a special court; of all actions which may be brought against any person who may have been clerk of the supreme judicial court, or court of common pleas and general sessions of the peace, or clerk of any town, town-council
, or court of probate, in any of the counties or towns in this State, after such person may have been left out of office, for the recovery of the records, books, papers and effects belonging to his said office, and by him unlawfully detained; and an action of debt may be brought against any such offender in the name of the general-treasurer, and on conviction the offender shall forfeit and pay as a penalty to and for the use of the State, the sum of fifty dollars, and shall be committed to the jail of the county, there to remain until such records, books and files be delivered to the person to whom the same ought by law to be delivered : Provided however, That where any action shall be brought against any person who may have sustained the office of town-clerk, council-clerk, or clerk of probate, no inhabitant of the town wherein the defendant may have sustained such office or offices, shall be qualified to serve on the jury.
Courts of gen. sessions es
1766, '98. An act establishing Courts of General Sessions of the Peace in
this State. Section 1. Be it enacted by the General Assembly, and by the
authority thereof it is enacted, That within each county in tablished. this State there shall be holden yearly, and every year, at
the times and places by law appointed, courts of general sessions of the peace, by, the justices of the peace of each county respectively, or any five of them, who shall be a
quorum, who are hereby empowered to hear and deterTheir ju- mine all matters and things relating to the conservation risdiction. of the peace, and the punishment of offenders; and all
pleas of a criminal nature, capital crimes excepted, shall be therein cognizable; and they are empowered to give judgment and sentence therein, to award execution, and to do every other matter and thing which shall come by law within the jurisdiction of a court of sessions : and that the clerk of the court of common pleas in each county, shall be clerk of the general sessions of the peace. a
Sec. 2. And be it further enacted, That it shall and may Appeal be lawful for any person aggrieved at any sentence or granted to order of the justices in any court of general sessions of jud. court. the peace,
in any case originally commenced and prosecuted before such court, to appeal from such sentence unto the next supreme judicial court to be holden for the county, where the appellant and appellee shall be duly heard, as if such prosecution had been commenced at said supreme judicial court: Provided, That such appeal Terms of be prayed at the time of making and uttering such sen- the aptence or order, and that the appellant do enter into recognizance, with two good and sufficient sureties, during the sitting of such court of sessions, in such sum as the justices shall set, for his appearance at such supreme judicial court, and for his prosecution of his appeal with effect, and to abide by and perform what said court shall enjoin thereon, and to be of good behavior in the mean time; and the party appealing shall remain in custody until security be given as aforesaid ; and the officer shall have four cents per hour for attending on such appellant, until he give recognizance: and all persons appealing Appellant from any sentence, or order given or made by the sessions, to file reashall file reasons of appeal with the clerk of the supreme peal. judicial court appealed to, ten days before the sitting of and bring such court, and shall bring into court an attested copy of into court the whole case; and the appellant shall pay the like fees as in appeals in civil causes : Provided nevertheless, That in all prosecutions at the sessions, at the suit of the State, against any person, for any criminal matter, if such per- State not
to appeal son shall be acquitted on trial by jury, no appeal shall be
against had to bring him into question or further trial for the any persame matter.
Sec. 3. And be it further enacted, That it shall and may Appeal albe lawful for any person sentenced for any criminal mat- from juster whatsoever, by any one or more of the justices of the tices peace or wardens out of sessions, to appeal from such courts. sentence unto the next court of general sessions of the peace, to be holden within the same county, (except in cases where it is provided by law that no appeal shall be had,) every such appellant recognizing with sureties Terms of in a reasonable sum, for his appearance at the court appealed to, and for prosecuting his appeal there with effect, and to abide the order or sentence of said court thereon,
sons of ap