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Fines how collected.

Which ju

first drawn

respectively, such fine or fines as they may judge expedient for any absence or absences, neglect or neglects, which such jurors may be guilty of, during the terms of the said courts; provided such fines shall not exceed ten dollars for any one offence.

SEC. 8. And be it further enacted, That all fines incurred by jurors under this act, shall be levied and collected by a warrant of distress from the court, directed to the sheriff (or his deputy) of the county wherein such juror dwells, or his estate be found; on which warrant the same fees shall be demanded as are allowed on executions; and such fines when collected shall be paid into the general-treasury.

SEC. 9. And be it further enacted, That when it shall rors to be happen in any town, that jurors are to be drawn to serve at the supreme judicial court and to the courts of common pleas and general sessions of the peace, at the same town-meeting, then the jurors to serve at the supreme judicial court shall be first drawn; and grand jurors shall be drawn before petit jurors.

When to attend.

Jurors' fees.

Plaintiff or

to pay 5

SEC. 10. And be it further enacted, That all grand and petit jurors, drawn as aforesaid, shall attend the courts for which they shall be drawn at nine of the clock in the forenoon of the second day of the term.

SEC. 11. And be it further enacted, That each grand and petit juror who shall attend the supreme judicial court or the court of common pleas and general sessions of the peace, or any special court of common pleas, shall be allowed one dollar per day for his attendance thereon; and every drawn juror, two cents per mile (if over one mile) for his travel going, and two cents per mile returning; to be paid out of the general-treasury; and it shall be the duty of the clerks of every court, to certify to the general-treasurer, the number of days that each juror has actually attended, the number of miles he has travelled, (if a drawn juror,) and the amount of his fees according to the provisions aforesaid.

SEC. 12. And be it further enacted, That the plaintiff or appellant appellant in either of said courts, shall pay to the clerk dollars. thereof, the sum of five dollars, for the trial of each cause, before the verdict therein shall be rendered, to be paid by such clerks into the general-treasury.

No free

SEC. 13. And be it further enacted, That no freeholder holder ex- who has sufficient estate in the town wherein he resides empted, to qualify him as a freeman, (or his eldest son, being of

&c.

age) shall be exempted from serving as a juror in consequence of his neglect to become a freeman.

may issue

facias.

SEC. 14. And be it further enacted, That the supreme ju- Courts dicial court, and also the courts of common pleas and gen- ws of writs eral sessions of the peace, when sitting in any county, if venire a sufficient number of jurors do not attend such court, or are challenged and taken off, in such case the said court are empowered to grant a writ of venire facias to the sheriff, or his deputy, of the county where said courts are sitting, to return such a number of good and lawful men as shall be wanting, from any part of the county, to serve so long as the court shall have occasion for them; who are to be under the same fine for delinquencies with such as are drawn out of the box.

from serv

SEC. 15. And be it further enacted, That no freeholder Persons whosoever within this State, shall be exempted from exempted serving as a juror at any time, except the governor, lieu- ing as jutenant-governor, attorney-general, district judge, judges rors. of the courts, the clerks and sheriffs of the counties, and the marshal, with their respective deputies; the clerk of the district court, the sergeants and other officers attending the courts, and also all practising attornies, practising physicians and surgeons, ministers of the gospel, the president, professors, tutors, librarian and steward of Brown University, cashiers of the incorporated banks, schoolmasters, town-clerks, revenue officers of the United States, one ferryman to each ferry who usually navigates the boat, postmasters, postriders, one miller to each mill who usually attends the same, all persons appointed for working the fire-engines, members of the fire-hook and ladder company in Providence, and all persons of sixtyfive years of age and upwards.

civil pro

SEC. 16. And be it further enacted, That all persons who Jurors exshall be lawfully drawn, and who actually attend to serve empt from on any grand or petit jury, in any court within this State, cess. they and their estates shall be likewise free and exempt from all writs of summons, arrest, attachment, and execution, during the sitting of such court wherein they are drawn to serve, if such jurors are not dismissed before; and also three days next before the sitting of such court, and three days next after they shall be legally dismissed and discharged from said service, which are allowed for their coming to said court, and returning home to their habitations.

Writs against

SEC. 17. And be it further enacted, That all and evethem void. ry summons, writ, execution or other process, which shall be served upon any of the persons aforesaid, or their estates, contrary to this act, shall be null and void, and of no effect in law.

1741 '43

'45 '53 '57

'58 '62 '68 '84 '98

1803 '18 '20 '22.

Justices of

to be ap

An act establishing Justices of the Peace, and regulating the proceedings and trials in civil actions brought before them. SECTION 1. Be it enacted by the General Assembly, and by the the peace authority thereof it is enacted, That the general assembly, at their session on the first Wednesday in May annually, shall choose so many justices of the peace for each town in this State, as they shall think proper for the adminis⚫tration of justice, who shall be commissioned and engaged according to law.

pointed.

Their ju

in civil

causes.

by whom signed.

SEC. 2. And be it further enacted, That all actions or risdiction pleas of the case, account, debt, detinue, covenant, replevin, and trespass (if the title to lands, tenements or hereditaments, is not in dispute) where the debt, damage or demand amounts to no more than twenty dollars, may be heard, tried and determined, by one or more justices of the peace, or wardens, of the town wherein such action shall be brought, who shall enter up judgment, and award execution thereon: and the writ of execution shall be Execution signed by the justice who issued the original writ: Provided nevertheless, That whenever any justice of the peace or warden of any town shall cease to sustain said office, any justice of the peace or warden of the same town may, upon application to him made in writing, issue a writ of execution or of scire facias upon any judgment in civil actions, in the same manner and with the same effect as such justice of the peace or warden ceasing to sustain said office might have issued, had he continued in office. SEC. 3. And be it further enacted, That the original writ or summons, in any such case aforesaid, shall be signed by a justice or warden of the town where the action shall be commenced; and shall be directed to the sheriff, his deputy, or to either of the town-sergeants or constables in the county in which such suit shall be brought and in case both parties live in the same county, then the action shall be brought either in the town where the plaintiff lives or in the town where the defendant lives, or is to be found, except in cases where by law any particular direc

Writs how

to be is

sued and served.

tion is made; but in case any person shall have cause of any such action as aforesaid, against any person in any other county, then he may apply to a justice or warden of any town in the county where the person to be sued dwells, or is to be found, who may grant a writ or summons, and proceed to trial according to the directions of this act and all original writs and summonses, and writs of scire facias, issued in pursuance of this act, shall be duly served six days at least before the day of trial; and no person except those who are freeholders and inhabitants Plaintiff to of this State, shall have any such original writ, or sum- rity for mons, or writ of scire facias, without first giving security for costs, &c. cost, in the same manner as by law is required when suits are commenced by persons other than freeholders and inhabitants of this State at the courts of common pleas.

give secu

tached in

SEC. 4. And be it further enacted, That in all such orig- Goods inal suits, for want of the defendant's body, his goods and may be at. chattels may be attached, sufficient to answer the debt or case. damages demanded, with costs; and in case of any attachment, the officer who made the same shall leave an attested copy of the writ at the defendant's usual place of abode, with some person there, to be delivered to him, her or them, or else such writ shall be abated: and all personal And how estate attached as aforesaid, shall be holden to respond holden. the judgment recovered thereon, notwithstanding the justice or warden before whom the action was commenced shall cease to sustain said office after judgment rendered, but before execution issued thereon: and any execution issued by virtue of this act, may be levied on said goods and chattels, and the same may be sold in like manner as is by law provided in other cases: and any person who may have become bail for the defendant in any civil ac- holden. tion commenced before any justice of the peace or warden last aforesaid, shall be holden in like manner as if said justice or warden had continued in office.

Bail also

ed in ac

SEC. 5. And be it further enacted, That in all actions on Account to book account, for goods, wares or merchandize sold, or be annexwork or service done, the plaintiff shall annex a particu- tions on lar account thereof to his writ; and where the whole book. amount is more than twenty dollars, and the balance stated by the plaintiff doth not exceed that sum, he may bring his action for such balance, annexing his account of debt May sue and credit to the writ, to the end that it may appear how for the bal the said balance arose, and shall declare specially there-ance. on; and the defendant in such action may exhibit in court

Court may render judgment

against the plaintiff in

case.

further

his account against the plaintiff, and the court shall settle the true balance or difference of their accounts, give judgment therein, and award execution for such balance (if by the adjustment and judgment of the court it doth not exceed twenty dollars) with cost: Provided, That where the account exhibited by the defendant shall exceed the sum of twenty dollars, and in the opinion of the court shall be due the defendant, to a greater amount than twenty dollars, then and in such case the court shall render judgment against the plaintiff as in case of non-suit, and for the deWho may fendant for his costs only, and shall not any further adjudiprosecute. cate upon the account of the defendant, whose right to sue for the same by action at law shall remain in the same manner as before the commencement of the said action of the Balance of plaintiff: Provided always, and it is the true intent herenotes may of, That all actions for the recovery of money due on any note, or other instrument in writing, which was given originally for twenty dollars, or a larger sum, and which by indorsement is reduced to twenty dollars or under, including principal and interest, may be brought at any such justice's court as aforesaid, and judgment may be entered thereon and execution awarded, in the same manner as though said note had been originally given for twenty dollars or a less sum.

be sued

for.

Proceedings in trespass where ti

may be in dispute.

SEC. 6. And be it further enacted, That when an action of trespass shall be brought before any justice of the peace or warden, and the defendant shall plead the general istle to land sue, he shall not be allowed to offer any evidence that may bring the title of real estate in question: and when the defendant in any such action shall plead the title of himself or any other person in justification, the justice, upon having such plea filed, shall require the defendant to give bond to the adverse party in a reasonable sum, with sufficient surety or sureties, to enter the said action at the next court of common pleas to be holden within the same county, and to prosecute the same in the same manner as upon an appeal from a justice's judgment: and if such defendant shall refuse so to give bond, the justice shall render judgment against him in the same manner as if he had refused to make answer to the suit: and either party in Appeal such case shall be allowed to appeal from the judgment of from com- the court of common pleas, in the same manner as if the suit had been originally commenced there: and every justice of the peace shall have power, by public procla

mon pleas when allowed.

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