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SEC. 7. There shall be drawn in the county of Newport for the supreme court, when holden in said county, and for the court of common pleas in said county, thirteen grand jurors and sixteen petit jurors, that is to say; by the town of Newport, four grand and six petit jurors; Portsmouth, two grand and three petit jurors; Jamestown, one grand and one petit juror; Middletown, two grand and two petit jurors; Tiverton, two grand and two petit jurors; Little-Compton, two grand and two petit jurors, for each of said courts. There shall be drawn in the county of Providence, thirteen grand and twenty-four petit jurors, that is to say; Providence, one grand and five petit jurors; Smithfield, three grand and four petit jurors; Scituate, one grand and three petit jurors; Glocester, one grand and two petit jurors; Cumberland, one grand and two petit jurors; Cranston, two grand and two petit jurors; Johnston, one grand and two petit jurors; North-Providence, one grand and two petit jurors; Foster, one grand and one petit juror; and Burrillville, one grand and one petit juror, for each of said courts. There shall be drawn in the county of Washington, thirteen grand and sixteen petit jurors, that is to say; Westerly, two grand and two petit jurors; North-Kingstown, two grand and two petit jurors; South-Kingstown, four grand and four petit ju rors; Charlestown, one grand and two petit jurors; Exeter, two grand and two petit jurors; Richmond, one grand and one petit juror; Hopkinton, one grand and two petit jurors, for each of said courts. There shall be drawn in the county of Bristol, thirteen grand and thirteen petit jurors, that is to say; Bristol, seven grand and six petit jurors; Warren, three grand and four petit jurors; and Barrington, three grand and three petit jurors, for each of said courts. There shall be drawn in the county of Kent, thirteen grand and fifteen petit jurors, that is to say; East-Greenwich, four grand and three petit jurors; Warwick, three grand and five petit jurors; West-Greenwich, three grand and two petit jurors; and Coventry, three grand and five petit jurors, for each of said courts.

SEC. 8. Any town council who shall neglect to make a list of persons liable to do duty as jurors, as provided in the third section of this act, or shall neglect to draw jurors as provided in the said section of this act, or shall neglect to issue a notification to persons drawn as jurors, as required in the fifth section of this act, or shall draw as a juror any person exempted from serving as juror, according to the second section of this act, shall forfeit for each and every offence, the sum of twenty dollars for the use of the state.

SEC. 9. Any officer charged with any notification to any persons drawn as jurors, who shall neglect to serve and return the same according to the provisions of the fifth section of this act, shall forfeit for each and every offence, the sum of twenty dollars for the use of the state.

SEC. 10. The supreme court and the court of common pleas, in term time, may issue writs of venire for additional jurors, whenever it shall be found necessary for the convenient despatch of their business; such writs to be served and returned, and the jurors required to appear at such times as shall be prescribed in such writs.

SEC. 11. Any person who shall be notified to attend any court as a juror, as prescribed in the fifth section of this act, or who shall be returned on any venire in pursuance of the tenth section of this act, and who shall not attend as therein required, or shall afterward absent himself, or neglect to appear according to the directions of the court, shall forfeit for every offence, the sum of twenty dollars for the use of the

state.

SEC. 12. All fines incurred by jurors and persons returned or notified as jurors, under this act, shall be levied and collected by warrant of distress from the court, directed to the sheriff or his deputy, of the county in which such person dwells or his estate is to be found. All other fines and penalties imposed by this act shall be recovered by complaint or information before the court for which the jurors were, or should have been drawn.

SEC. 13. Each grand and petit juror who shall attend the supreme court or any court of common pleas shall be allowed one dollar per day for his attendance thereon, and four cents per mile for his actual travel going, and four cents per mile returning, if over one mile. If either of said courts shall adjourn or dismiss all the jurors summoned and attending for one day or more, exclusive of Sundays, the jurors shall be allowed travelling fees at the above rate; and, in the discretion of the court, they shall be allowed for their travel and attendance whenever the general assembly shall by special act adjourn any court, if they attend in pursuance of their notification without knowing of such adjournment.

SEC. 14. The person and estate of every drawn juror attending any court in this state, shall be free and exempt from all process in any civil action during the sitting of the court for which he was drawn, if not dismissed before, and for three days before the time he was required to appear, and for the three days next after he is discharged. Jurors taken on ve

nire and attending court shall enjoy the same exemptions from the time they shall be required to appear, until the expiration of the three days after they shall be discharged. The service of all process contrary hereto shall be absolutely void.

SEC. 15. In complaints, indictments and penal actions, for the recovery of any sum of money or other thing forfeited, it shall not be cause of challenge to a juror that he resides or is liable to pay taxes in any town which may be benefitted thereby.

SEC. 16. If a party know of any objection to a juror before the jury are empannelled in his cause, and omits to suggest it to the court, he shall not afterwards make the same objection, unless upon express leave of the court.

An Act authorizing and regulating the taking of Depositions.

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15.

Supreme court and court of common pleas may grant commissions to take testimony.

Judges of supreme court and court of common pleas may take depositions in perpetual memory to be used in certain cases.

Formalities to be observed in taking depositions in perpetual memory. Depositions taken during sitting of court not to be used as evidence, if taken within 100 miles.

Depositions may be taken to be used out of the state by any commissioner appointed for that purpose.

7. Adverse party to be notified when de-
positions are taken within 100 miles
of place where court sits.
8. Depositions when taken according to
this act to be used by party taking
them, or other party may use copies
of them.

It is enacted by the General Assembly, as follows:

SECTION 1. It shall and may be lawful for any justice of the supreme court, justice of the court of common pleas, justice of the peace or public notary, to take the deposition of any witness to be used in the trial of any civil suit or action in which he is not interested, nor of counsel nor the attorney of either party, and which shall then be commenced or pending in this state or in any other state or government.

SEC. 2. The governor may appoint in each of the United States one or more commissioners under the seal of this

state, to continue in office during the pleasure of the governor, for the time being; who shall have power to administer oaths and to take depositions and affidavits to be used in this state; and also to take the acknowledgment of any deed or other instrument, to be used or recorded in this state.

SEC. 3. All oaths administered by such commissioners, and all affidavits and depositions taken by them, and all acknowledgments aforesaid certified by them, shall be as effectual in law, to all intents and purposes, as if done and certified by any judge, justice of the peace or public notary within this state.

SEC. 4. Before any commissioner appointed as aforesaid shall proceed to perform any of the duties of his office, he shall take and subscribe an oath before any justice of the peace or other officer authorized to administer oaths in the state for which such commissioner is appointed, that he will faithfully discharge all the duties of his office; a certificate of which shall be filed in the office of the secretary of this state within six months after the taking of the same.

SEC. 5. It shall be the duty of every justice or notary, previous to the taking of any deposition as aforesaid within this state, to cause the adverse party, if residing in this state, or within one hundred miles of the place of caption, or in case of his absence his attorney, to be notified of the time and place appointed for taking the same, and that he may attend and put interrogatories to the deponent if he think fit; and the notification shall be issued by the justice or notary who shall take such deposition, and shall be directed to any proper officer or to any impartial and disinterested person; and shall be served a reasonable time, not less than twenty-four hours, before the time of taking such deposition. And the officer or other person charged as aforesaid with such notification, shall serve the same by reading it to the party to be cited, if to be found, and if not to be found, by leaving a copy thereof at his usual place of abode; and shall in his return state the hour of the day when the service was made; and when such service shall be made by any person other than a sworn officer, he shall verify the same under oath before some justice or notary.

SEC. 6. Every person before deposing shall be carefully examined, cautioned and sworn to testify the truth, the whole truth, and nothing but the truth. He shall subscribe the testimony by him given after the same shall be reduced to writing, which shall be done only by the justice, notary or commissioner taking the deposition, or by the deponent in his

presence; and the deposition so taken shall be retained by such justice, notary or commissioner, until he deliver the same with his own hand to the court for which it is taken, or shall, together with a certificate of its having been duly taken, be by said justice, notary or commissioner, sealed up and directed to such court, and remain so sealed until opened in court; and any person may be compelled to appear and depose as aforesaid within this state, in the same manner as to appear and testify in court.

SEC. 7. In the taking of all depositions without the limits of this state and within one hundred miles of the place where the court shall sit in which such depositions are to be used, it shall be the duty of the party causing such depositions to be taken, to notify the adverse party or his attorney of the time and place appointed for taking the same; and such notification issued by any justice or notary in this state shall be served in the manner herein before provided, such reasonable time before the taking of such depositions as will give the adverse party a full opportunity to be present in person, or by attorney, and put interrogatories to the deponent if he thinks fit.

SEC. 8. The deposition of any person taken pursuant to this act shall be used as evidence in the trial of any cause in which it shall have been taken to be used; and if the party that took the same shall neglect to produce and use it, the adverse party may use in such trial a copy of such deposition, certified by the magistrate before whom it was taken, with the same effect as if the original deposition had been produced and used by the party taking the same.

SEC. 9. If any witness shall be induced to go out of this state in order that his deposition may be taken without the adverse party's having due notice, the deposition of such witness taken by such undue means shall not be used or admitted as evidence in any court in this state.

SEC. 10. Depositions taken without this state to be used in the trial of any cause pending in any court in this state, shall be received as evidence, unless such depositions are taken in the manner in the preceding section mentioned: provided, such depositions shall be taken with the formalities required by the law of the state or country in which the same shall have been taken, or before some commissioner appointed in pursuance of the second section of this act, or by some judge, chancellor or other civil magistrate of such state or country, in conformity to the provisions of this act.

SEC. 11. The supreme court of this state or either of the courts of common pleas on the motion of either party in any

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