civil suit pending therein, shall be authorized to grant a commission to take depositions according to common usage, when it may be necessary to prevent a failure or delay of justice.

SEC. 12. Any justice of the supreme court or any justice of any court of common pleas, as well before as after the commencement of any civil suit or action, on application, shall be authorized to take depositions in perpetuam rei memoriam; which depositions in case of the death of any deponent, his becoming non compos mentis, his absence from this state or inability to attend, may be used as evidence in any court in this state against any person who shall have had due notice of the taking of such deposition, his heirs, executors, administrators or assigns.

SEC. 13. The same formalities shall be observed in taking depositions in perpetuam rei memoriam, as in taking other depositions. The justice taking any such deposition shall seal up and direct the same to the clerk of the supreme court in the county in which some one of the persons notified of the taking of the same shall reside; which clerk on receiving such deposition so directed and sealed up, upon payment of legal fees for recording as in other cases, shall open and record the same, and the certificate of the caption thereof, in a book to be specially kept for that purpose; noting on said deposition the time when he received it, and the page of the book in which it is recorded; after which he shall deliver the original deposition to the party who took it: and no such deposition, not so recorded, shall be received as evidence in any court in this state, unless the same shall be opened in such court.

SEC. 14. No deposition taken within one hundred miles of the place of trial shall be used on the trial of any cause in any court in this state, which shall have been taken during the sitting of the court before which the cause may be pending, unless the same shall be taken by order of such court.

SEC. 15. Depositions may be taken in this state, to be used on the trial of any cause pending in any other state or government, by any person residing in this state, to whom a commission shall be directed and sent by such court, with such formalities as shall be prescribed in such commission, or as are prescribed in this act.

21

An Act to establish the limits of the several jail yards.

SECTION

1. Limits of the jail yard in the county of Newport.

2. County of Providence.

3. County of Kent.

SECTION

4. County of Bristol.

5. County of Washington.

6. Including all the lands and buildings within said limits.

It is enacted by the General Assembly, as follows:

SECTION 1. The jail limits in the county of Newport shall be as follows: beginning at the south end of Washington street; thence northerly along the salt water to the street north of Fort Greene called Pine street; thence easterly along the north side of said Pine street to Third street; thence southerly along the east side of said Third street to Walnut street; thence easterly along the northerly side of said Walnut street to Farewell street; thence southerly along the easterly side of Farewell street to Warner street; thence easterly along the northerly side of said Warner to Spruce street; thence southerly along the easterly side of said Spruce street to Tanner street; thence easterly along the northerly side of said Tanner street to equality tree, standing on the intersection of Tanner and Broad streets; thence south westerly along the easterly side of said Broad street to Bull street; thence easterly along the northerly and easterly side of said Bull street to Catharine street; thence easterly along the northerly side of said Catharine street to Fir street; thence southerly along the easterly side of said Fir street to Beach road; thence westerly along the southerly side of said Beach road to a street running southerly from said Beach road, west of Job and Joseph Tew's rope walk; thence southerly along the easterly side of said street to the southerly end thereof; thence westerly to Bellevue street, now East Touro street; thence southerly along the easterly side of said East Touro street, late Bellevue street, to Perry street; thence westerly along the southerly side of said Perry street to Spring street; thence southerly along the easterly side of said Spring street to the northerly contemplated road to run westerly through the land of the heirs of William Lee, on the southerly side of said contemplated road, to Thames street; thence westerly in the same direction to the salt water; thence northerly along the salt water so as to embrace within said northerly line all the wharves and docks, and fifty feet west of the heads of said wharves, to the place of beginning.

SEC. 2. The jail limits in the county of Providence shall be as follows: beginning at the southerly line of Hopkins

street, on the easterly side of South Main street; thence running easterly on the southerly line of Hopkins-street to the westerly line of Benefit street; thence easterly directly across Benefit street to the easterly line thereof; thence northerly on the easterly line of Benefit-street to a point directly opposite to the northerly line of Star street; thence westerly directly across Benefit street to the northerly line of Star-street; thence westerly on the northerly line of Star-street to the easterly line of North Main street; thence westerly directly across North Main street to the westerly side thereof; thence southerly on the westerly line of North Main street to the northerly line of Smith street; thence westerly on the northerly line of Smith-street to the north-easterly corner of Shingle bridge, so called; thence westerly to the north-westerly corner thereof; thence northerly six feet to the north line of Smith street; thence on the northerly line of said Smith street, north seventy-five degrees west, forty-one rods, to the corner of Alexander Duncan's lot, west side of Davis-street; thence north seventy-seven and a half degrees west, on the north side of Smith-street fifty-four rods; thence north fiftyfour and a half degrees west, fifteen rods, to North-Providence line; thence south thirty-two degrees west to Four stack meadow, to low water mark; from thence a straight line to the south-west corner of the wall on the south side of the state prison lot; thence on the south side of the wall to the south-east corner of the state prison lot; thence north eightytwo and a half degrees east, to a jog in the wall on Canalstreet, a little south of the canal basin; thence southerly on the line of the caplogs on the westerly side of Canal street to the platform of the fish-market; thence around and including the fish-market and the platform thereof, to the southwesterly corner of said fish-market; thence in a straight line to the north-westerly corner of the wooden side-walk on the easterly side of the river between the two bridges; thence southerly on the westerly side, and including said side-walk, and in a line with the side-walk till it meets the caplog on the south-easterly corner of the bridge in South Water street; thence southerly on the westerly line of the wooden side-walk and the caplogs on the westerly side of South Water street, to a point directly opposite to the north-west corner of the brick store late occupied by William Blodget and company; thence easterly directly across South Water street to the northwest corner of the said store; thence easterly on a southerly line of a gangway to the westerly line of South Main street;

and thence on a straight line to the first mentioned bound, on the easterly side of said South Main street.

SEC. 3. The jail limits in the county of Kent shall be as follows: beginning at the north-east corner of the Wanton Casey dwelling-house, situated on the main street in the village of East-Greenwich; thence southerly, bounded by the buildings on the west side of said main street, to the street which runs west, next north of the state house; thence westerly, on the north side of the said street, until a south line will strike a wall on the west side of said state house lot; thence southerly and easterly, by a wall and fence enclosing said lot, to the north-east corner of the house owned by Eleanor and Amy Fry; thence southerly, bounded by the buildings on the west side of said main street, to the south-east corner of the dwelling-house lately owned and now occupied by Clark Brown; thence easterly across the street or highway, to the northwest corner of Thomas Bateman's land; thence easterly on said Bateman's land until it comes to the north-east corner thereof; thence east to the salt water, at low water mark; thence northerly on the said salt water at low water mark, to the southeast corner of the wharf owned by Pierce Salisbury and company; thence northerly by the plate of said wharf to the northeast corner thereof; thence northerly on a straight line to the south-east corner of the wharf owned formerly by Ethan Clarke, deceased; thence northerly by the plate of said wharf to the north-east corner thereof; thence northerly on a straight line to the south-east corner of the wharf now owned by Pierce Salisbury and company; thence northerly by the plate of said wharf to the north-east corner thereof; thence on a straight line to the south-east corner of the wharf now owned by Christopher Hawkins; thence northerly by the plate of said wharf to the north-east corner thereof; thence on a straight line to the north-east corner of the wharf owned by Ezra Pollard and company; thence northerly and easterly on said salt water at low water mark so far as that a west line will strike a whitish rock at high water mark, called Coon rock; thence west to the east side of the track of the rail-way of the NewYork, Providence and Boston rail road company; thence southerly by said east side of said rail road track to the highway dividing Warwick from East-Greenwich; thence westerly, bounded by the fence and wall on the north side of said highway, to the south-west corner of Arnold Weaver's dwelling-house, standing on or near the dividing line of said towns; thence on a straight line to the south-east corner of John G.

Mawney's dwelling-house; thence southerly on a straight line to the first mentioned bound.

SEC. 4. The jail limits in the county of Bristol shall be as follows: to comprehend all the lot of land whereon the jail stands, the land leading thereto from Hope street, John street, and all those parts of Thames, Hope and High streets, included between the north line of State-street and the south line of Church-street; and all those parts of State and Churchstreets included between the west line of Thames street and the range of the front of the public buildings standing on the common, so called, near the east line of said High street; also the court house, Episcopal, Baptist and Methodist churches.

SEC. 5. The jail limits in the county of Washington shall be as follows: beginning on the south-west corner of a lot of land occupied by Thomas P. Wells; thence northerly to the north-west corner thereof; thence easterly along the northerly side thereof and the north line of land of Robinson & Anthony, and around land late John G. Clarke's, and a lot of Dr. Thomas A. Hazard, to the high-way, and straight across said highway; then by the east line of the road to the north-west corner of a lot occupied by Jesse Babcock; then around said lot, and land of John N. Reynolds', to the other highway and straight across the same; then along the south side thereof, going around and including the house formerly of John P. Case, and the yard attached to it, to said highway again; then along the south side thereof to the lot of Jeremiah S. Sherman; then around said lot to lot of John H. Clarke, and around said lot to the land that John T. Nichols bought of William H. Case, and land of Luke Aldrich, to the highway and across the same; then by the west line thereof to Christopher Gardner's lot; then along said lot and around and along the south side of the lot late belonging to the shoe company, and the lot late occupied by Lewis Jansen, and from the south-west corner of said last mentioned lot to the south-east corner of Matthew Waite's lot; then along the south line of said lot and the village lots to the south-west corner of the jail lot; thence as the wall that runs south of the tan-yard lot to the factory road, and northerly by the east line thereof to the highway leading west from Kingston village; thence to the place of beginning.

SEC. 6. Said jail limits shall respectively include all the lands and buildings within the bounds aforesaid.