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Terms of, the same, without further notice thereof; but if such ap. to be preplication shall be made at any other term of said court the court. in a suit decided therein, or in either of the courts of

common pleas, notice thereof shall be given to the ad. verse party in such manner as the court shall direct, to appear at such time and place as the court shall appoint, to answer the same; and whenever a trial or a new trial shall be granted, the same shall be had before any court in any county in this State, at such term thereof, and un

der such restrictions and conditions, as the said supreme and judicial court may prescribe: Provided, that if the applibail dis- cation for a new trial shall be made by the plaintiff, that charged, in na co

no goods or chattels, or real estate attached, or bail given upon the original writ, shall be holden to respond the judgment in such case, unless the application for a new trial be made at the term in which such cause shall have been decided, if in the supreme judicial court; but if the same shall have been decided by any court of common pleas, the plaintiff shall file his petition for a trial, or a new trial, with the clerk of the supreme judicial court for the county, and notify the adverse party thereof within ten days after the rising of the court at which the same

shall have been decided, or the bail, or property aforeMay grant said, shall be discharged: and the said court shall and new trials may exercise the same powers in granting a trial in all in cases decided at cases decided at a special court of common pleas, or beprobate, fore justices of the peace, if no trial shall have been had special or

therein; and may exercise the like power in granting a courts. trial in all cases decided by any probate court, wherein

the party shall have neglected to prosecute his appeal

therein according to law. y re- Sec. 6. And be it further enacted, That the said supreme move judicial court may, by certiorari or other legal process, causes by certiorari. cause to be brought before them, as well indictments or

other criminal prosecutions pending, as the records, sentences, orders, decrees and judgments of any court of in

ferior criminal jurisdiction, and to proceed, order and May grant award therein according to law; and shall also have pow

her to grant trials, or new trials, upon indictments, or other in crimin, al cases. criminal prosecutions, at their discretion; provided appli

cation therefor shall be made within one year after sucb

cause shall have been tried or decided. Clerks to Sec. 7. And be it further enacted, That there shall be be ap. annually appointed by the general assembly, one clerk pointed.

for said court in each county, who shall constantly attend

justices

the sitting of such court in the county for which he shall Their dube chosen, shall keep the seal of said court, and make "9. fair records and entries of the judgments and proceedings therein, and do and perform all other things which by law shall appertain to his said office; and in case of the Chief jus death, absence or inability of any clerk of said court to tice, &c. discharge the duties of his office, or in case the clerk ap-noir pointed declines serving, it shall be lawful for the chief pro tem. justice of said court, or in case of his absence from the State, or inability to discharge the duties of his office, it shall be lawful for either of the justices of said court, to appoint a clerk thereof, who shall hold his office until the clerk shall have returned, the inability be removed, or until another shall be appointed by the general assembly: And every clerk of said court, before he enters upon the execution of his office, shall take the following oath or affirmation, viz: I- being appointed clerk of the Oath of supreme judicial court within and for the county of

the clerk. do solemnly swear, (or affirm,) that I will truly and faithfully enter and record all the orders, decrees, judgments and proceedings of said court; and that I will faithfully and impartially discharge all the duties of my said office, according to the best of my abilities and understanding: so help me God! or this affirmation I make and give upon peril of the penalty of perjury.

And the said clerks shall also severally give bond to Clerks to the general-treasurer,with sufficientsureties to be approv- give bond. ed of by him, in the sum of three thousand dollars, faithfully to discharge the duties of his office according to law, and seasonably to record the decrees, judgments and determinations of the said court, within the county for which he is clerk.

Sec. 8. And be it further enacted, That the said supreme Court judicial court shall have power to issue writs of scire fa- may issue cias, habeas corpus, and all other writs not specially pro- scire faci. vided for by statute, which may be necessary for the ex. as, &c. ercise of and carrying into effect, the powers vested in them by this act, agreeably to the principles and usages of law; and all writs issuing out of the same court, shall By whom

tested. bear teste of the first justice, who is not a party to the suit, and shall be under the seal of said court, and be signed by the clerk thereof. Sec. 9. And be it further enacted, That in case any per- May

the remoson or persons shall hereafter be convicted, before any val of nuicourt of general sessions of the peace, for any nuisance or sance, &c.

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shall annuther the said. Jded as afor That the sala and fifty

encroachment upon any highway in this State, and shall appeal from such conviction to the supreme judicial court, and fail to prosecute the appeal, and shall become defaulted upon the recognizance given in such appeal, it shall and may be lawful for the supreme judicial court in which such recognizance shall be defaulted, to pass an order, directed to the sheriff of the county in which such proceedings shall be had, commanding the removal of the nuisance or encroachment, in conformity to the judgment and conviction before the court of sessions.

Sec. 10. And be it further enacted, That it shall be the tice, &c. duty of the chief justice, or some one of the associate justo see that ;

tices of said court, to examine the state of the clerk's ofare re fices thereof, and to ascertain that the judgments rendercorded.

ed in said court have been regularly and seasonably reAnd make corded; and that the justice making such examination report. shall annually report to the general assembly at May ses

sion, whether the said judgments shall have been regular

ly and seasonably recorded as aforesaid. Salary

Sec. 11. And be it further enacted, That the salary of the chief justice of said court shall be two hundred and fifty dollars, and of each of the associate justices two hundred dollars per annum; to be paid quarterly as aforesaid by

the general-treasurer. No justice Sec. 12. And be it further enacted, That no justice of the to be a supreme judicial court shall be a member of the general member of assembly. assembly. 1705, '18, 23 '29 34 '41 '45 '49

61 83 An Act establishing Courts of Common Pleas in the several coun'89 '98 1812 '18

ties in this State. "22. Courts of SECTION 1. Be it enacted by the General Assembly, and by the

authority thereof it is enacted, That there shall be holden in pleas.

each county, at the times and places prescribed by law, a court of common pleas, which shall consist of one chief justice and four other justices, to be annually appointed by the general assembly, any three of whom shall make a

quorum, who shall be severally commissioned according Jurisdic

to law, and shall have cognizance of all civil actions and common pleas arising or happening within such county, triable at the common law, of whatever kind or nature, with power to give judgment therein, and award execution thereon: and the said justices of the courts of common pleas shall be justices of the peace of the respective coun

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ties to which they belong, in criminal cases, and shall be commissioned accordingly. sobra

Sec. 2. And be it further enacted, That the justices of the Oath of ofsaid court, before they proceed to execute the duties of their office, shall take the following oath or affirmation, viz:I do solemnly swear (or affirm) that I will administer justice, without respect to persons, and do equal right to the poor and the rich and that I will faithfully and impartially discharge and perform all the duties incumbent on me as a justice of the court of common pleas, according to the best of my abilities, agreeably to law. So help me God! or—this affirmation I make and give upon peril of the penalty of perjury.

Sec. 3. And be it further enacted, That there shall be an- One clerk nually appointed by the general assembly, one clerk of court. each of the said courts of common pleas, who shall also Who shall be clerk of the court of general sessions of the peace, and be clerk of whose duty it shall be to keep the seal of the said courts, sions make fair entries and records of the judgments and pro- His duty. ceedings therein, and do and perform whatever else shall come within his office and duty: and in case of the death, Clerk may absence, or inability of any clerk of said court to dis- pointed charge the duties of his office, or in case the clerk appoint- pro.tem, ed refuses to serve, it shall be the duty of the chief justice of said court, and in case of his absence from the State, or inability to discharge the duties of his office, it shall be lawful for either of the justices thereof, to appoint a clerk therefor, who shall hold his office until the clerk shall have returned, or the inability be removed, or until another shall have been appointed by the general assembly: and every clerk before he enters upon the execution of his office shall take the following oath or affirmation, viz: 1- being appointed clerk of the court of common pleas and general sessions of the peace for the Oatle of county of do solemniy swear (or affirm) that I will "se truly and faithfully enter and record all the orders, decrees, judgments and proceedings of the said court; and that I will faithfully and impartially discharge all the duties of my said office according to the best of my abilities and understanding : so help me God! or-this affirmation I make and give upon peril of the penalty of perjury: and every clerk of said court shall also give bond, with suffi- Clerk to cient sureties, to the general treasurer, to be approved of give by him, in the sum of three thousand dollars, faithfully to

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discharge the duties of his office according to law, and seasonably to record the decrees, judgments and deter

minations of the said court for which he is clerk. Writs, how Sec. 4. And be it further enacted, That all writs and proto be is. gued and cesses for bringing any cause or suit to trial, in any of the served. said courts, shall issue out of the clerk's office of such

court, in the name of the state of Rhode-Island and Providence Plantations, under the seal of said court, and be signed by the clerk or a justice thereof, as by law provided; and shall be served twenty days before the sitting of

such court to which they are returnable; and the plaintiff Declara- shall declare thereupon, and file his declaration in the tions, when clerk's office of said court twelve days before the sitting to be med. thereof; and the defendant shall file his plea or answer

six days before the sitting thereof with the clerk, or else when.

judgment shall pass against the defendant as upon a deProviso. fault: Provided always, That the court in their discretion,

on sufficient cause being shewn therefor, may, on the first or second day of the term, permit any defendant to file his plea or answer in court, on such terms and conditions as

the court may prescribe. Writs to Sec. 5. And be it further enacted, That all writs, original run thro'- and judicial, and all the other processes, that shall be is

sued out of any of the said courts, shall and may run

throughout the State, being directed to the proper officer Transitory in the county where they are to be served; and all tranactions sitory actions between the inhabitants of this State, shall where to

be commenced and tried within the county where the menced.

plaintiff or defendant is an inhabitant, dwells or resides, or in such county within which the defendant shall be arrested ; and all actions commenced contrary hereunto shall be abated; and that in all such transitory actions, when both plaintiff and defendant, or either of them, are not inhabitants of, or resident in this State, the same may be commenced and tried at any of the said courts of com

mon pleas within this State. No juris- Sec. 6. And be it further enacted, That no civil action, undiction un

- less it be of twenty dollars value or upwards, except real mand be of estate be attached by the original writ, shall be originally twenty dollars

brought to any of the courts of common pleas. value.

Sec. 7. And be it further enacted, That no person whatsoFreehold- ever, who is not a freeholder and an inhabitant of this ers only entitled to State, shall have out of the clerk's office any writ of arrest a writ, un- or original summons, against any person, inhabiting or reless, &c.

siding therein, unless some sufficient freeholder in this

out the State.

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