Fees in

cases of.

On appeal

to ses

and in the mean time to be of good behavior; and every such appellant shall observe the same rules in bringing forward his appeal, as is in this act directed for prosecuting an appeal from the court of general sessions of the peace to the supreme judicial court; and if any person shall so appeal to the said sessions, he shall there be heard, and have the benefit of any new or further evidence; and the same fees shall be allowed as in appeals of a civil nature.

SEC. 4. And be it further enacted, That in all appeals from the judgment, sentence, order or determination of any one or more justices of the peace or wardens out of to be final. sessions, the judgment, sentence, order or determination

sions, their sentence

Grand ju

to attend.

of the court of general sessions appealed to, shall be final; any thing herein contained, or any law, custom or usage, to the contrary in any wise notwithstanding.

SEC. 5. And be it further enacted, That the grand jury ry, when in the several counties shall give their attendance at said courts, at the same time that the petit jury are obliged by law to attend on the courts of common pleas; and if there does not appear a sufficient number of grand jurors, or if How to be the same shall be lawfully challenged, the jury shall be filled up. filled filled up from the by standing freeholders, to be returned by the sheriff or his deputy.

1798, 1800 '12, '15, $19, '22.

Courts of

common

pleas and general sessions when

holden.

An act directing the times and places of holding the terms of the Supreme Judicial Court, and the Courts of Common Pleas and General Sessions of the Peace, within this State.

SECTION 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, That the terms of the courts of common pleas and general sessions of the peace shall be annually holden in and for the respective counties at the times and places following, to wit: at Newport within and for the county of Newport on the third Monday in May, and on the first Monday in November; at Providence within and for the county of Providence on the fourth Monday in May, and on the fourth Monday of November; at South-Kingstown within and for the county of Washington on the first Monday in February, and on the second Monday in August; at Bristol, within and for the county of Bristol on the fourth Monday in January, and on the first Monday in June; at East-Greenwich within

and for the county of Kent on the third Monday in February, and on the third Monday in August.

courts,

SEC. 2. And be it further enacted, That the terms of the Sup. jud. supreme judicial court shall be annually holden at the t times and places following, viz: at Newport within and holden for the county of Newport on the first Monday in March, and on the fourth Monday in August; at Providence within and for the county of Providence, on the third Monday in March, and on the third Monday in September; at South-Kingstown within and for the county of Washington on the fourth Monday in April, and on the second Monday in October; at Bristol within and for the county of Bristol on the second Monday in March, and on the second Monday in September; at East-Greenwich within and for the county of Kent on the second Monday in April, and on the first Monday in October.

An act authorizing the Supreme Judicial Court to enforce the 1797, 1822. production of books and papers in certain cases.

any

issue sub

partners

SECTION 1. Be it enacted by the General Assembly, and by Supreme the authority thereof it is enacted, That the supreme judicial judicial court, upon application made to them in any county in this court may State, by any partner in trade, or by any former partner poena after the dissolution of the copartnership, stating that his int copartner or copartners, or former copartner or copart- for the ,ners, have in his, her or their possession, or in the posses- of papers. production sion of any other person or persons for him, her or them, or in any way or manner under his, her or their control, books or papers relating to their partnership concerns, which he, she or they refuse to produce, to be inspected or used by the party making such application, such court shall have power to issue a subpoena to the party or parties complained of, enjoining on him, her or them, to appear before the said court, at such time and place as they may appoint, to render an account on oath of the books and papers relating to the said partnership concerns, which may be in his, her or their possession, or in the possession of any other person or persons for him, her or them, or which may be in any way or manner under his, her or their control, or within his, her or their knowledge: and that if the person or persons complained of in manner aforesaid, upon being duly served with the subpoena, to be issued as aforesaid, in such manner as the said court

shall direct, shall neglect to appear agreeably thereto and submit to an examination under oath before the said court, relative to the subject matter of such application; or if upon his, her or their appearing and submitting to such examination, it shall appear by the party's oath, or other evidence to the satisfaction of the said court, that he, she or they have in his, her or their possession, or in the possession of any other person or persons for him, her or them, or in any way or manner under his, her or their control, any such books or papers, and shall refuse to produce the same, to be delivered to such person to be inspected and used in such manner, by the parties interested therein, as the said court shall direct, if the case or Judgment cases in which such application shall be made, shall be pending in the said court, shall and may render judgment of nonsuit against the person refusing, if a plaintiff in said action, or of default if he be a defendant therein, or shall and may, at their discretion, when the case or cases shall be pending in any other court, order the person or persons so refusing, to be committed to some one of the jails in this State, there to be confined, until he, she or they shall comply with such order of the said court, or shall be thence duly discharged according to law.

in case of

refusal.

Also against

other per

sons.

SEC. 2. And be it further enacted, That if such books or papers shall, on motion of either party, be suggested to be in the hands or possession of any other person or persons, not parties to the suit as aforesaid, the same process shall be had against him, her or them, by the said court, for the recovery thereof, who shall be examined under oath in like manner; and if such person or persons refuse to answer upon oath, or if it be proved by other evidence in the court, that such books or papers are in his, her or their possession, he, she or they shall be committed to the comfor not mon jail in the county where such court shall be sitting, there to remain until discharged by order of the said court, if it be in term time, or if in vacation, by any justice thereof, giving his order for such discharge in writing; and such person or persons shall also be liable to an action at common law, for retaining such books or papers, in the same manner as though not committed as aforesaid.

Penalty

producing.

An act prescribing the manner of proceeding in Courts.

1798,

1805, '22.

&c.

issue

SECTION 1. Be it enacted by the General Assembly, and Courts by the authority thereof it is enacted, That the supreme writs of judicial court and courts of common pleas shall have habeas power to issue writs of habeas corpus to bring into court corpus, any person imprisoned under the laws of this State, who is a party or a witness in any suit pending in such court, and shall also have power to issue writs of scire facias in all cases prescribed by law, and writs of protection against Writs of arrests in civil actions, for all parties and witnesses in protection. any cause pending before them, whenever the same shall be required.

when to

tion to be

given in writs, &c.

SEC. 2. And be it further enacted, That all actions in the Actions, supreme judicial court and courts of common pleas, entr brought there originally, or by appeal or review, shall be ed. entered on the first or second day of the term, and not af terwards, without special leave of the court, which they are hereby empowered to grant in their discretion, in case the party who brought the action to the same court, and whose duty it was to enter it, was prevented from so doing by mistake, inevitable accident or misfortune. SEC. 3. And be it further enacted, That in every indict- Defendment, and in every warrant or other process to arrest the ants, addibody of any person, in a criminal suit, and in every writ of arrest, or original summons in a civil action, there shall be added to the name of the person against whom the same shall be issued, the place to which he shall, at the time of finding such indictment, or issuing such writ, summons, warrant or other process, belong, or the place in which he is or of late was commorant; and also his degree or mystery: and in case such additions shall be If omitted, omitted in any such indictment, writ, summons, warrant or writ, &c. other process, the same upon exception being taken there- abated. to by the person with respect to whom such omission shall be made, shall be quashed or abated: Provided, That Amendnothing therein contained shall prevent the amendment of ment of. any civil process in the manner by this act prescribed.

may be

ant may

plead sev

SEC. 4. And be it further enacted, That it shall and may Defendbe lawful for any defendant in any action or suit, or for any plaintiff in replevin, in any court, with leave of the same court, to plead as many several matters thereto, as he shall think necessary to his defence.

SEC. 5. And be it further enacted, That the defendant in all actions of debt, actions of covenant, and in all actions

eral pleas.

of debt,

In actions of the case, grounded on an express or implied contract, that may be pending before any court of common pleas, or may bring money in a justice of the peace, shall have a right to bring into court to court. the money which he shall acknowledge to be due thereon, together with the plaintiff's lawful costs in such suit to that time; and the plaintiff shall have a right to take the same in full, or in part satisfaction of the demand made in such suit; but if he shall receive the same in part satisfaction only, and shall proceed further in the same suit, and the court, or jury, or justice of the peace, who shall finally assess the damages in such case, shall determine that no more was due on the demand made in such suit, than was brought into court as aforesaid, at the time the same was brought in, the plaintiff shall not recover costs, but shall be obliged to pay the defendant his costs, after the money was brought into court as aforesaid.

Plaintiff to pay cost, in case.

Defendant may

plead tenmends in

der of a

trespass, quare clausum

fregit.

SEC. 6. And be it further enacted, That in all actions of trespass for breaking and entering the plaintiff's close, wherein the defendant shall, in his plea, disclaim all right, title and interest to the land, in which the trespass is by the declaration supposed to be done, and the trespass be by negligence, or involuntary, the defendant shall be admitted to plead a disclaimer, and that the trespass was done by negligence, or involuntarily, and a tender or offer of sufficient amends for such trespass, before the action brought; or the defendant may have leave to bring money into court to satisfy the damages the plaintiff has sustained; and in case the jury shall not assess larger damages for the trespass, than the money tenderTo recov- ed, or brought into court, the defendant shall recover of the plaintiff his reasonable costs.

er in case.

May plead

in actions

of debt, on

&c.

SEC. 7. And be it further enacted, That when any action payment of debt shall be brought upon any single bill, or when an action of debt, or writ of scire facias, shall be brought judgment, upon any judgment, if the defendant hath paid the money due upon such bill or judgment, such payment shall and may be pleaded in bar of such action or suit; and when an action of debt is brought upon any bond, which hath a condition or defeazance to make void the same, upon the payment of a less sum at a day or place certain, if the obligor, his heirs, executors or administrators have, beMay plead fore the action brought, paid to the obligee, his executors or administrators, the principal and interest due by the defeazance or condition of such bond, though such payment was not made strictly according to the condition or

payment after the day, in debt on

bond, &c.