law had death not ensued, the person inflicting such injury shall be liable to an action for damages for the injury caused by the death of such person, to be recovered by action of the case for the use of his or her husband, widow, children, or next of kin, in like manner and with like effect, as in the preceding five sections provided.

SEC. 22. Whenever any person shall suffer any injury to his person, reputation or estate, by the commission of any crime or offence, he may recover his damages for such injury, either in an. action of trespass or in an action on the case, against the offender.

SEC. 23. No such action except as provided in the five sections preceding the last, shall be commenced for such injury until after complaint has been made to some proper magistrate for such crime or offence, and process issued thereon against the offender, excepting only those cases in which such actions may now be maintained at common law; and whenever any person shall be convicted of larceny, he shall be liable to the owner or owners of the money or articles taken, for twofold the value thereof, unless the same be restored, and one fold the value thereof in case of restoration, to be recovered by civil action.

SEC. 24. 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 lifetime of the latter, may be charged by virtue of such obligation in the same manner as such representative might have been charged, if the obligors had been bound severally as well as jointly: Provided, that the plaintiff shall first pursue the surviving debtor to final judgment and execution.

SEC. 25. No judgment rendered against a part only of the defendants in an action upon a joint contract, shall be a bar to any future action on said contract against such of the defendants upon whom or whose estate the writ in the original action may not have been served.

SEC. 26. Any innkeeper who shall provide a suitable safe in his house for the safe-keeping of any money, jewels or ornaments belonging to his guests, and shall notify them thereof by posting a printed notice conspicuously in the rooms, that such safe has been provided for said purpose, shall not be liable for the loss of any money, jewels or ornaments, by theft or otherwise, which any guest who has neglected to deposit the same in such safe may sustain.

SECTION 1. Actions upon the case for words spoken shall be commenced and sued within two years next after the words spoken, and not after.

SEC. 2. Actions of trespass shall be commenced and sued within four years next after the cause of action shall accrue, and not after.

SEC. 3. All actions of account, except on such accounts as concern trade or merchandise between merchant and merchant, their factors and servants, all actions of the case, except for words spoken, all actions of debt founded upon any contract without specialty, or brought for arrearages of rents, and all actions of detinue and replevin, shall be commenced and sued within six years next after the cause of such action shall accrue, and not after.

SEC. 4. All actions of debt other than those in the next preceding section specified, and all actions of covenant shall be commenced and sued within twenty years next after the cause of action shall accrue, and not after.

SEC. 5. If any person, a resident of this state, against whom there is or shall be cause for any action hereinbefore enumerated, in favor of a resident therein, shall, at the time such cause accrue, be without the limits of this state, or being within said state at the time such cause accrue, shall go out of said state before said action shall be barred by the provisions of this chapter, and shall not have or leave property or estate therein that can, by the common and ordinary process of law, be attached, then the person entitled to such action may commence the same, within the time before limited after such person shall return into this state in such manner that an action may, with reasonable diligence, be commenced against him by the person entitled to the same.

SEC. 6. If any person at the time any such action shall accrue to him, shall be within the age of twenty-one years, feme covert, non compos mentis, imprisoned, or beyond the limits of the United

States, such person may bring the same, within such time as is hereinbefore limited, after such impediment is removed.

SEC. 7. If any person, for or against whom any of said actions shall accrue, shall die before the time limited for bringing the same, or within sixty days after the expiration of said time, and the cause of said action shall survive, such action may be commenced by or against the executor or administrator of the deceased person, as the case may be, at any time within one year after the granting of letters testamentary or of administration, and not afterwards, if barred by the provisions of this chapter.

SEC. 8. If any action duly commenced within the time limited and allowed therefor, in and by this chapter, shall be abated or otherwise avoided or defeated by the death of any party thereto, or for any matter, or if after verdict for the plaintiff, the judgment shall be arrested, the plaintiff may commence a new action for the same cause, at any time within one year after the abatement or other determination of the original suit as aforesaid; and if the cause of action does by law survive, his executor or administrator may, in case of his death, commence said new action within the said one year.

SEC. 9. 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 seventh section of this chapter; 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 this state, nearest to the place in which the deceased person last dwelt, and in such other manner as the court of probate shall direct; said periods to be reckoned from the time of giving such notice.

SEC. 10. No action shall be brought against any heir or devisee of a deceased person, for the payment of the debts of the ancestor, or testator within three years next after administration granted or probate of the will made.

SEC. 11. The provisions of this chapter shall not apply to any case in which, by special provision, a different time is limited.

SECTION 1. All original writs, and writs of mesne process issued by the supreme court, or by the court of common pleas, shall issue in the name of the state of Rhode Island and Providence Plantations; shall be under the seal of the court from which they issue, and shall be signed by the clerk of the court; but if the clerk be a party to the suit, by some one of the justices of the supreme

court.

SEC. 2. They shall bear teste of the chief justice of the supreme court, but in case the office of chief justice be vacant, or the chief justice be a party to the suit, of the senior or presiding justice of the supreme court, not a party.

SEC. 3. They shall run throughout the state, and shall be directed to the sheriffs of all the counties in the state, or their deputies; but, if the sheriff of any county be a party to the suit, the process, if to be served in that county, shall in addition to the former direction, be directed to the town sergeants in the county, and may be served by any one of them, not a party thereto.

SEC. 4. Writs issued by justices of the peace, or by magistrates or courts exercising the jurisdiction of justices of the peace, shall also issue in the name of the state of Rhode Island and Providence Plantations, shall be under the hand and seal of such justice, magistrate or court, shall be made returnable before such justice, magistrate or court, at a day, hour and place named therein, and shall be directed to the sheriff, his deputy, or to either of the town sergeants, or constables of the county in which the suit shall be brought; and every such original writ shall contain the plaintiff's declaration at length.

SEC. 5. The forms of the original writs 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.

[SEAL] SC. To the sheriffs of our several counties or to their dep

uties

greeting:

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

those in safe custody keep, to answer the to be holden at

court

on the

next
county of
date hereof, in an action of

(if may be

body to attach

dollars, and or complaint of at the within and for our said next ensuing the

Monday 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,

day of

in the year

Esq. at

this

Clerk.

SEC. 6. Writ of summons.

The state of Rhode Island and Providence Plantations.

SC.

[SEAL] sc. To the sheriffs of our several counties or to their dep

uties

greeting

We command you to summon your precinct,) to answer the complaint of to be holden at

court

of

(if may be found in

at the next

within and for our said county Monday of next ensuing the date hereas by declaration to be filed in court will to the damage of the plaintiff

on the of, in an action of be fully set forth Hereof fail not, and make true return of this writ with your doings thereon. Witness,

SEC. 7. Writ of arrest to be issued by a justice of the peace. [SEAL] SC. To the sheriff, his deputy, or to either of the town sergeants or constables in the county of greeting:

You are hereby, in the name of the state of Rhode Island and Providence Plantations, required to arrest the body of

may be found in your precinct,) and for want of to attach goods and chattels, to answer the complaint of at a justices' court to be holden at

of fail not, and make true return of this writ with your doings thereon.