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or else judgment shall pass against the defendant, as upon a default: provided always, that the court, on cause shown, may, on the first or second day of the term, permit the defendant to file his plea or answer in court, on such terms and conditions as the court may prescribe.
Sec. 15. Any party aggrieved by the judgment of the court of common pleas in any county, at any term thereof, may appeal to the supreme court at the term thereof next to be holden in the same county, after the expiration of five days from the rising of said court of common pleas at said term; where both parties shall have the benefit of any new and further evidence; provided the appellant shall give bond in the clerk's office of the court appealed from, in the sum of one hundred dollars, within five days after the rising of said court, to prosecute such appeal with effect, and in default thereof to
Sec. 16. Any justice of the supreme court, as chief justice, assisted by one or both of the associate justices of the court of common pleas in their respective counties, are authorized and empowered to hold special courts of common pleas for the hearing and trying of all such causes as by law are or shall be cognizable before such special courts, to give final judgment in such causes and award execution.
Sec. 17. Such special courts shall have cognizance, concurrent with the ordinary courts of common pleas, of all actions brought before them by auctioneers or others lawfully authorized to sell at auction, for moneys due on sales of real or personal estate sold at auction, if of twenty dollars value or upwards ; 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 moneys 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, for possession of the tenements or estates let, who hold over the term for which such tenements or estates arelet, whether the same be let by writing or parol ; of all actions commenced by the general treasurer, or by any town treasurer against any collector of taxes and his sureties, 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 of 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 sureties 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; but the sarne rules shall be observed in suits brought to special courts, in respect to the county in which the same shall be commenced, as by law are prescribed in relation to the commencement of transitory actions to the courts of common pleas.
SEC. 18. A writ to bring any cause to trial before any such special court shall be served six days before the sitting of such court; the declaration shall be filed five days, and the answer or plea four days previous to said time. Executions on judgments of such court shall be issuable immediately after the rendition of the judgments, and shall be returnable to the office of the clerk of the court within fourteen days from their being issued.
Sec. 19. If no plea or answer be filed in any such action, any justice of the supreme court, or either of the associate justices of the court of common pleas within the county where such action is commenced, may enter up judgment and award execution in the same ; and in case of plea or answer filed, he may adjourn the court to any future time.
Sec. 20. If issue in fact shall be joined in any action commenced to a special court of common pleas, the clerk of such court shall immediately thereupon issue a writ of venire facias, directed to the sheriff or his deputy, or in case of the sheriff being a party, to some town sergeant in the county, requiring him to summon twelve jurors, being good and lawful men of the county, to try such issue ; and if there shall not be a sufficient number of jurors attending, in pursuance of such writ of venire facias, the court shall thereupon direct the issuing of other writs of venire facias to complete a jury. In such case, and in case issue in law shall be joined, in any special court action, and in case of any application for a special court pursuant to the twenty-first section of this act, the clerk shall issue a notification to some one justice of the supreme court and to the associate justices of the court of common pleas in the same county, of the fact, and of the day upon which the said special court is appointed; which shall be served by some sworn officer or indifferent person, and returned to said special court.
Sec. 21. Upon the application of any turnpike or rail road company, or of any person whose interest may be affect
ed by such road, or by the doings of such company, to the clerk of the court of common pleas in the county in which the estate affected by such road lies, a special court of common pleas may be called and had for the purpose of hearing and determining any matter or thing whereof courts of common pleas at their regular terms have jurisdiction and cognizance, relative to turnpikes or rail roads, by virtue of any act of incorporation ; due notice being given to the adverse party by citation, under the seal of the court and hand of the clerk, at least ten days before the time of holding the same, by the sheriff or his deputy; such special courts, so called and held, shall have all the powers over such matters and things as said court at any regular term thereof.
Sec. 22. In any case of appeal by either party from the report or award of the commissioners appointed to appraise damages sustained by land holders, in consequence of the building of any turnpike or rail road over or upon their lands, the sum awarded shall be lodged by the company liable for the same, with the clerk of the court having cognizance of the appeal, subject to the order of such court, to await the final trial and determination of such appeal; and so much thereof as shall be finally recovered against such company shall be paid to the party so recovering, and shall be endorsed on the execution when issued; or if sufficient in amount, shall, when so paid, go to satisfy and discharge the judgment; and the surplus, if any, shall be repaid to such company.
Sec. 23. No turnpike company shall set up any gate on their road, or receive toll for travelling or transporting thereon, nor shall any rail road company or any person start any locomotive engine, or car, or other vehicle, upon any rail road, excepting for the construction or completion of the same, until all the damages assessed or awarded against such company shall have been released, or the sums assessed against them as aforesaid paid, or lodged as required by the preceding section of this act; nor until such company shall
, moreover, have performed and complied with all the conditions and requirements incumbent on them to have previously performed and complied with, by virtue of their several acts of incorporation.
An Act directing the times and places of holding the terms of
the Supreme Court, and the Courts of Common Pleas.
to said courts respectively.
It is enacted by the General Assembly, as follows :
SECTION 1. The terms of the supreme court shall be holden yearly, and every year, at the times and places following, viz: At Newport, within and for the county of Newport, on the first Monday in March, and on the fourth Monday in August. At Bristol, within and for the county of Bristol, on the second Monday in March, and on the second Monday in September. Åt Providence, within and for the county of Providence, on the third Monday in March, and on the third Monday in September. At East-Greenwich, within and for the county of Kent, on the fourth Monday in April, and on the Monday next preceding the last Monday in October. At South-Kingstown, within and for the county of Washington, on the second Monday in August, and the first Monday in February
Sec. 2. The terms of the courts of common pleas shall be holden yearly, and every year, at the times and places following, viz: At Newport, within and for the county of Newport, on the third Monday in May, and on the fourth Monday in November. At Providence, within and for the county of Providence, on the fourth Monday in May, and on the first Monday in December. At South-Kingstown, within and for the county of Washington, on the third Monday in April, and on the first Monday in November. At Bristol, within and for the county of Bristol, on the third Monday in November, 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.
Sec. 3. All writs, executions, summons, appeals, recognizances, and all other processes of every name, nature and description, returnable to or pending in either of said courts, shall be returnable to and pending in said courts respectively, at the terms thereof herein before provided, in the same manner and to the same effect as they would have been at the terms of said courts respectively, as the same were established previous to the passage of this act.
An Act in relation to Justices of the Peace.
SECTION 1. Justices of the peace may be appointed may be sued for.-Defendant may re
by general assembly in addition to cover balance in such actions.- Bal. those elected by the towns.
ance due on notes may be sued for. 2. All justices to be commissioned and to 13. Defendant may go with officer to jusbe sworn.
tice and confess judgment. 3. Criminal jurisdiction of justices of the 14. Justices may receive and record conpeace.
fessions of judgments without process, 4. Same subject.
when made by a debtor in person. 5. Justices to take acknowledgment of 15. Justice who signs writ to tax cost and
deeds, and to administer oaths, take sign execution, but any other in same depositions, &c.
town may enter up judgment. 6. Jurisdiction of justices, relative to lu- 16. Appeal granted to court common pleas. natics.
Terms of. 7. Civil jurisdiction of justices of the 17. Executions when to issue. peace.
18. Judgments and proceedings to be re8. Justices' writs, how to be issued, sign corded.—Records to be lodged in town. ed, served, and when returned.
clerk's office.-Penalty for neglect. 9. Writs, &c. before justices to be serv- 19. Justice to deliver papers to successor ed, levied and returned as other writs,
in certain cases. &c., by law.
20. No attorney's fee to be allowed in jus10. Proceedings in trespass before justices, tices' courts.
where title to real estate is pleaded. 21. No justice to sell blank writs. 11. Evidence to be given under the gene- 22. Town sergeants and constables to serve ral issue.
process throughout county. 12. In actions on book account, &c., ac- 23. Wardens to have same powers as juscount to be annexed to writ-Balance
tices of the peace.
It is enacted by the General Assembly, as follows:
SECTION 1. The general assembly may elect so many justices of the peace for any town as they shall think proper, in addition to those that shall be elected by such town. Said election shall be made in grand committee, and not in separate houses.
Sec. 2. Every justice of the peace, whether elected by any town or by the general assembly, shall be commissioned by the governor, and shall be under oath, faithfully and impartially to discharge the duties of his office, and to support the constitution of the United States, and the constitution and laws of this state.
Sec. 3. Every justice of the peace within the county in which he resides shall have jurisdiction and cognizance of all crimes, offences and misdemeanors, done or committed within the said county, punishable by fine, not exceeding twenty dollars, or by imprisonment in a county jail, not exceeding three months; and of all other criminal matters, which are or shall be declared specially to be within his jurisdiction, by the laws of this state, which shall be legally brought before him; with power to proceed to trial, render judgment, pass sentence and award a warrant for execution thereof.
Sec. 4. Every justice of the peace within the county in which he resides shall have cognizance over all other crimes,