to levy such execution; in which case a writ of scire facias shall be issued out of the clerk's office of the same court against such executor or administrator; which writ being duly served by the officer to whom it shall be directed, and returned, if the executor or administrator make default of appearance, or coming in shall not show sufficient cause to the contrary, execution shall be awarded against him of his own proper estate for the sum recovered, with the interest due thereon, with costs; and for want of estate, against the body of such executor or administrator, as for his own proper debt.

SEC. 28. No action shall be brought against any executor or administrator in his said capacity, within one year after the will shall be proved or administration granted; except for medicines and attendance in the last sickness, and funeral charges of the deceased, and excepting also actions brought in pursuance of the fourth section of an act entitled "an act for the limitation of certain personal actions;" nor shall any action be brought against any executor or administrator in his said capacity, unless the same shall be commenced within three years next after the will shall be proved or administration shall be granted: provided, such executor or administrator shall give notice of his appointment, by publishing the same in some public newspaper in the state, nearest to where the deceased person last dwelt; and in such other manner as the court of probate shall direct.

SEC. 29. When any judgment shall be had by or in the name of any executor or administrator, in such case, an administrator de bonis non, may sue out a writ of scire facias and take execution upon such judgment.

SEC. 30. The appellant shall in all cases file his reasons of appeal in the clerk's office of the court appealed to at least ten days before the sitting of such court; and shall at the time of entering his appeal file in the same office a certified copy of the whole case: provided however, that whenever any party who shall appeal to the court of common pleas or supreme court, shall, through mistake, accident or misfortune, omit to file his reasons of appeal at the time prescribed as aforesaid, the said courts respectively, in their discretion, on sufficient cause being shown therefor, may, on the first or second day of the term of the court appealed to, permit such party to file his reasons of appeal in court, on such terms as they shall prescribe.

SEC. 31. If the appellant in any case shall enter his appeal at the court appealed to, the cause shall be tried and decided in the same manner as if both parties had appealed;

and if the appellant shall neglect to enter his appeal as by law required, the adverse party, in case he did not also appeal, may at any time during the term appealed to, or at the next succeeding term, enter his complaint and obtain a confirmation of the former judgment, as of the third day of the said term; with double interest from the time of the rendition of the judgment appealed from, to said third day, if damages were therein given, and double costs; unless the court appealed to shall be satisfied that such appellant had reasonable ground to appeal, and that such appeal was not taken solely for delay; and in such case, with single interest on such damages and single costs only.

SEC. 32. If any party shall obtain a new trial in any cause by act or by order of the general assembly, supreme court or any court of common pleas, and shall neglect to enter such action for trial on the first or second day of the court at which such trial was to be had, by such act or order, the adverse party may enter his complaint, and the said court shall thereupon affirm the last judgment rendered in said cause, with interest, if damages or debt were therein recovered, and additional costs.

SEC. 33. If the plaintiff in any case shall file his declaration in the clerk's office of the court of common pleas, as is by law provided, and shall afterwards withdraw or discontinue his suit before the sitting of the court and after answer filed, the defendant in such case shall recover his costs; and in all other civil causes the party prevailing shall recover costs, except in cases where other provision is specially made by law; and all bills of costs shall be taxed by the clerks of the respective courts, and shall be examined and allowed by one of the justices thereof; except that in justices' courts they shall be taxed and allowed by the justice who signed the original writ; and the clerk's fees in the case shall be paid before the execution shall be issued; and the justice of any court who shall examine and allow any bill of cost shall strike out and disallow any sum that may be taxed or demanded for the expense of any witness or any evidence whatsover that shall appear to such justice frivolous, or not material to the issue of the cause; and no costs shall be allowed for any written evidence unless the fees be noted thereon or certified by the officer who issued or made out the same. Costs taxed in any court of common pleas may be revised, in case of appeal to the supreme court, in the taxation of costs there.

SEC. 34. In all actions of assumpsit, trespass or trespass on the case, where judgment is rendered on appeal, the court

rendering judgment may award costs for or against the plaintiff or defendant, or for neither, in their discretion, according to the circumstances of the case.

SEC. 35. In all actions of the case for slanderous words or malicious prosecutions, and in all actions for trespass, for assault and battery or imprisonment, that shall be commenced at any court of common pleas, if the court or jury who shall finally assess the damages in such case, shall assess the same at a less sum than seven dollars, the plaintiff in such case, shall recover no more costs than damages.

SEC. 36. Any one of the justices of the supreme court or courts of common pleas respectively, shall have power to adjourn such courts from day to day, in case a quorum is not formed on the day appointed by law for holding thereof, or on the day to which such courts may be adjourned, until a quorum shall be formed; and the clerks of the several courts are hereby vested with similar powers, to adjourn the same courts respectively, in case one of the justices thereof shall not attend for that purpose: provided however, that such courts shall not be adjourned from day to day by one justice, or the clerks as aforesaid, for more than six days.

SEC. 37. Whenever it shall happen that a quorum of the supreme court, or any court of common pleas, cannot probably convene within six days from the time by law appointed for holding the same, by reason of the death or sickness of any of the justices of such court, or any other necessary and unavoidable let or hindrance of their attendance, it shall be lawful for any one of the justices of such court respectively, at any time within said six days, by writ under his hand and seal, directed to the sheriff of the county, therein inserting the occasion thereof, to adjourn the said court to a further day, as in said writ shall be expressed; at as little distance of time as may be from the day wherein by law the court should have met, so that justice may not be delayed: and the sheriff upon the receipt of such writ, shall cause publication to be made of the same at the court house in the county, and some other of the most public places within the same county; and also cause a notification of such adjournment, and the time to which it is made, to be posted up at or near the said court house and other public places as aforesaid, to the intent that unnecessary travel, charge and attendance of all persons concerned, may be prevented; and the sheriff shall return such writ with his doings thereon into the clerk's office of such court; and all pleas, writs, actions, suits, processes, precepts, recognizances and other things whatsoever, returnable or hav

ing day in said court, shall stand, abide and continue unto the said adjournments, and be holden, deemed and adjudged to be as good, effectual and available in law, to all intents, constructions and purposes, as if such court had been holden and kept on the day appointed by law for holding the same, and no adjournment thereof had been made.

SEC. 38. If the supreme court or court of common pleas shall not be holden at the time appointed by law for holding the same, or to which the same may be adjourned, as by this act provided, all the business of every kind and nature that might have been pending at such court shall be heard, proceeded upon and determined at the next term of such court, in the same manner as it might have been heard, proceeded upon and determined at the term which was to have been but was not holden as aforesaid.

SEC. 39. The foreman of any grand jury which may be empannelled shall have full power and authority to administer all necessary oaths and affirmations to witnesses who may be examined before the grand jury of which he is foreman.

SEC. 40. Each grand and petit juror, before his acting as such, shall take the oath herein prescribed: the oath to the grand jurors shall be as follows: You severally and solemnly swear, (or affirm,) that, as members of the grand inquest for the body of the county of you shall diligently inquire and true presentment make of all such crimes and misdemeanors cognizable by this court as shall come to your knowledge; the state's counsel, your fellows' and your own, shall keep secret; shall present no person for envy, hatred or malice; neither shall you leave any person unpresented, for love, fear, favor, affection or hope of reward; but you shall present things truly, as they come to your knowledge, according to the best of your understanding; so help you God; or, this affirmation you make and give upon peril of the penalty of perjury. The oath of the petit jurors in a criminal case shall be as follows: You swear, (or affirm,) that you will well and truly try, and true deliverance make, between the state of Rhode-Island and Providence Plantations and the prisoner (or defendant) at the bar, according to law and the evidence given you; so help you God; or, this affirmation you make and give upon peril of the penalty of perjury. The oath of the petit jurors in civil cases shall be as follows: You swear, (or affirm,) that in all cases between party and party that shall be committed to you, you will give a true verdict therein, according to law and the

evidence given you so help you God; or, this affirmation you make and give upon peril of the penalty of perjury.

SEC. 41. Any inhabitant of any town shall be a competent witness in any cause, either civil or criminal, in which the town to which he belongs, or in which he may own any taxable estate, shall be interested, as well for as against such town; provided he hath no other interest in such cause than as an inhabitant of such town, or as owning an estate therein, and is not otherwise legally disqualified.

SEC. 42. No judge of any court or justice of the peace shall sit in judgment, in any cause brought to any court by appeal, in which he shall have before given judgment in chief, on trial, as a judge or justice.

SEC. 43. The clerks of the several courts shall, in the record of every judgment, recite the substance of the declaration and pleadings in such case; and whenever, by accident, neglect or otherwise, any clerk may have failed to record the proceedings of the court of which he is clerk, in any cause pending before them, said court may direct the acting clerk to record said proceedings, upon such evidence as may seem satisfactory to them; giving notice to the parties interested or their attornies, whenever they may deem it proper from the circumstances of the case.

SEC. 44. No execution shall be issued on any judgment rendered by the supreme court or by any court of common pleas until the expiration of five days next after the rising of the court at which such judgment shall be rendered; and every execution issued from either of the said courts shall be made returnable to the next succeeding term thereof, and shall be returned by the officer charged therewith, within five days from the day appointed by law for the sitting of the court from whence it issued; and if such officer shall not return the same within that time, he shall be liable therefor, as by law prescribed: provided, however, that the supreme court are hereby authorized and empowered, in their discretion, on motion, to direct execution to issue, in due form of law, upon any judgment rendered by said court, at any time during the term of the court at which such judgment shall be rendered; with the same effect as if said execution had issued five days after the rising of said court.

SEC. 45. The representatives of one jointly bound with another, for the payment of any debt, or for performance or forbearance of any act, or for any other thing, and dying in the life time of the latter, may be charged, by virtue of such obligation, in the same manner as such representative might