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means to avail himself by pleading, of the title of himself, or any other person under whom he claims, as is provided in the next preceding section, the defendant shall be entitled to all evidence under the general issue which by law he might avail himself of under any special plea in bar whatever.

SEC. 12. In all actions on book account for goods, wares or merchandise sold, or for work or labor done, the plaintiff shall annex a particular account thereof to his writ; and when the whole 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 and credit to the writ, to the end that it may appear how the said balance arose, and shall declare specially thereon; and the defendant in such action may exhibit in court his account against the plaintiff, and the court shall settle the true balance or difference of their account, 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 costs: provided, that where the account exhibited by the defendant shall exceed the sum of twenty dollars, and in the opinion of the court there shall be due the defendant thereon a greater amount than twenty dollars, then and in such case, the court shall render judgment against the plaintiff, as in case of nonsuit, and for the defendant for his costs only; and shall not any further adjudicate upon the account of the defendant, whose right to sue for the same shall remain in the same manner as before the commencement of said action of the plaintiff': provided always, and it is the true intent hereof, 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 endorsement is reduced to twenty dollars or under, including principal and interest, may be brought before a justice of the peace as aforesaid, and judgment may be entered thereon, and execution awarded in the same manner as though said note had been originally given for a less sum.

SEC. 13. When any person shall be sued in any action before any justice of the peace, he may go with the officer who served the writ before the said justice, and there confess judgment for the plaintiff's demand, first giving bail in the action, if bail be required by the terms of the writ; which confession the justice shall record, tax cost as far as it hath accrued, and award execution.

SEC. 14. Justices of the peace are hereby authorized to accept and record the confession of any judgment within their

jurisdiction, made by a debtor personally, with the assent of the creditor, with or without antecedent process; and on such terms in regard to staying execution, as the parties may agree on; and to render judgment and award execution accordingly.

SEC. 15. The justice of the peace who signed the writ in any action shall tax the cost and sign the execution on the judgment thereon; but the trial of the same may be had before him, or, in his absence, before any justice of the same town. After the justice of the peace who has signed any writ shall cease to sustain the office, any other justice of the peace of the same town, on the written application of the plaintiff, may enter up judgment, or issue a writ of execution or scire facias upon the judgment, with the same effect as the justice who signed the writ. A summons for witnesses may be issued by any justice in the county.

SEC. 16. Any party who shall be aggrieved at any judgment of any justice of the peace rendered in any civil action, may appeal therefrom to the next term of the court of common pleas to be holden in the same county, where the party so aggrieved shall have a hearing of said case, which shall be final; provided he shall, within five days, after rendition of such judgment, pay costs and give bond in said justice's court to the other party, in a sum not exceeding fifty dollars, with sufficient surety or sureties, to prosecute such appeal with effect, or in default to pay costs.

SEC. 17. No execution shall issue on any judgment rendered by any justice of the peace, in less than five days after the day of such judgment: all such executions shall be returnable in three months after the date thereof, and shall be returned to the justice who issued them, if he then retains his office; if not, then to the town clerk.

SEC. 18. All the judgments and proceedings of a justice. of the peace shall be by him fairly recorded in a book, to be kept for that purpose only; and every justice of the peace shall, within six months after he shall cease to sustain the office of justice, lodge with the town clerk of the town in which he lives, all his records and official papers, except those which he may have delivered to some other justice of the peace, in pursuance of the next succeeding section, to be preserved by such town clerk, as appendages to his office; and in case of the decease of any justice of the peace, his executors or administrators shall lodge his records and papers as aforesaid, in the office of such town clerk, within six months after the death of such justice; and if any justice of the peace, or the

executors or administrators of any justice, shall neglect or refuse to lodge such papers or records as aforesaid, any such person so offending shall forfeit and pay the sum of two dollars a month, for each month he shall so neglect or refuse; to be recovered by an action of debt before any court of competent jurisdiction, one moiety thereof to and for the use of the state, and the other moiety to and for the use of him who shall sue for the same.

SEC. 19. It shall be the duty of any person who may have sustained the office of justice of the peace, at any time before he shall have lodged his records and official papers with the town clerk, to deliver to any justice of the peace of the same town to whom application in writing may have been made to issue any writ of execution or scire facias in any action originally commenced before him, the original papers in any such action; and it shall be the duty of any town clerk, at any time after the records and official papers of any justice of the peace shall have been lodged in his office, in like manner to deliver such original papers.

SEC. 20. No attorney's fee shall be allowed and taxed in the bill of costs, before any justice's court.

SEC. 21. If any justice of the peace shall sell any blank writ, by him officially signed, or shall deliver to any person any such writ, with permission in the absence of such justice to fill up such writ or to cause the same to be filled and served, he shall forfeit ten dollars; to be recovered in an action of debt before any justice of the peace in the same town, one moiety thereof to and for the use of the state, and the other moiety to and for the use of him who shall sue for the same; and shall also be ineligible to that office for the term of two years next after such conviction.

SEC. 22. Town sergeants and constables may and shall serve and execute, in any town of the county in which they belong, all writs, summons and other processes to them directed and which by law may or ought to be served and executed, by town sergeants and constables; except in cases where by law it is otherwise specially provided.

SEC. 23. The powers and duties hereby, or by any special act, conferred and imposed on justices of the peace, may and shall be enjoyed and performed by wardens in those towns that are authorized by their original charters to elect wardens.

An Act prescribing the forms of Writs amd manner of serving

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Shares in a bank, &c., liable to attachment; form of attachment.

8. Household furniture and tools not liable to attachment.

28.

29.

30.

When such attachment made, who to render an account of shares.

31.

Such shares may be attached on execution.

32.

33.

9. Goods &c., taken on warrants of dis-
tress, to be sold as goods levied on by
execution.

10. When writ issues against two or more
defendants one may be arrested and
the other summoned.
11. Real estate liable to attachment in
certain cases; proceedings in case of
such attachments.

12. Return of an officer not conclusive in
certain cases, of certain facts.

13. Time of attachment to be noted by of- 34. ficer in his return.

14. Form of sheriff's deed of real estate. 15. Personal estate under mortgage may be attached as property of mortgagor. 16. When so attached, may be sold before judgment.

17. On such sale, mortgagee to be first paid and surplus held by the officer to answer the judgment.

18. If attached on execution to be sold like other personal property; proceeds how applied.

19. Plaintiff in such suit may redeem mortgage.

20. If not redeemed or sold before right of redemption expires, attachment void. 21. Property of an absent or concealed debtor or foreign corporation, in hands of trustee, liable to attachment; writ

35.

37.

Such attachment not to affect previous lien.

Same proceedings in foreign attachments in justice's courts as in court of common pleas.

Goods, chattels and real estate of for-
eign corporations liable to attachment.
Where copies are to be left when such
attachments are made.

36. If no known agent, notice to be pub-
lished in newspaper.
Executions against corporations to is-
sue against goods, chattels and real
estate; when returned unsatisfied, scire
facias may be taken out against cor-
poration.

38. Original summons how served.
39. Writs scire facias how served.
40. Summons for witness how served;
penalty for disobeying.

41.

No civil process to be served on Sunday.

42.

43.

Narragansett bay in what county. Writs against females, how issued and served.

It is enacted by the General Assembly, as follows:

SECTION 1. The forms of writs of arrest, original summons, executions and other writs herein after mentioned, to be used in the several courts of this state, shall be substantially as follows, to wit:

Writ of Arrest.

The State of Rhode-Island and Providence Plantations.
sc.-To the Sheriffs of our several counties or to

[SEAL.]

their deputies greeting:

We command you to arrest the body of be found in your precinct) and for want of tach goods and chattels

lars, and

plaint of

to the value of

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dol

or those in safe custody keep, to answer the comat the next court of common pleas to be holden within and for our said county of

Monday of

at

of

on the

next ensuing the date hereof, in an action as by declaration to be filed in court will be fully set forth to the damage of the plaintiff dollars. Hereof fail not, and make true return of this writ with your doings

thereon. Witness,

in the year

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The State of Rhode-Island and Providence Plantations.

SEAL.]

sc.-To the Sheriffs of our several counties or to

their deputies greeting:

We command you to summon

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next court of common pleas to be holden at

on the Monday of

next

ensuing the date hereof, in an action of as by declaration to be filed in court will be fully set forth: to the damage of the plaintiff dollars. Hereof fail not, and make true return of this writ with your doings thereon. Witness,

Esq. at

this day of

in the year

Execution.

Clerk.

The State of Rhode-Island and Providence Plantations. [SEAL.] sc.-To the Sheriffs of our several counties or to their deputies

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costs of suit, as to us appears of record, whereof execution remains to be done: we command you, therefore, that of the goods and chattels of the said

within your pre

cinct, you cause to be levied and paid unto the said aforesaid sums, being

the

in the whole, with twenty-five cents more for this writ; and thereof also to satisfy yourself

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