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except in cases where other provision is specially made by law; and all bills of cost shall be taxed by the clerks of the respective courts, and shall be examined and allowed by one of the justices thereof, except that in justices'

courts they shall be taxed and allowed by the justice who Clerks'

signed the original writ; and the clerk's fees in the case fees.

shall be paid before the execution shall be issued; and Cost of immaterial the justice of any court who shall examine and allow any testimony

bill of cost, shall have power in his discretion to strike out rejected.

and disallow any sum that may be taxed or demanded for the expence of any witness, or any evidence whatsoev

er, that shall appear to such justice to be frivolous, or not Written

material to the issue of the cause; and no cost shall be alnot allow- lowed for any written evidence unless the fees be noted

thereon by the officer who issued or made out the same."

Sec. 26. And be it further enacted, That in all actions of not to re- the case for slanderous words, or malicious prosecutions,

ost all actions of trespass, for assault and battery, or impristhan dam. onment, that shall hereafter be commenced to any court ages.

of common pleas within this State, if the court or jury who shall finally assess the damages in such case, shall assess the same at a less sum than seven dollars, the plaintiff in such case shall recover no more costs than damages.

Sec. 27. And be it further enacted, That in all cases of ac

quittal, as well as of conviction, of any person, on criminal criminal process, the costs accrued on the part of the State shall,

be paid out of the general treasury ; except in case of conviction, if the person convicted shall pay such costs, the same shall be disposed of by the sheriff, to whom the same

shall be paid, to the persons entitled thereto... By whom Sec. 28. And be it further enacted, That any one of the

ay justices of the supreme judicial court or courts of combe adjourned. mon pleas respectively, shall have power to adjourn such

courts from day to day, in case a quorum is not formed on the day appointed by law for holding thereof, or on the day to which such courts may be adjourned, until a quorum shall be formed; and the clerks of the several courts are hereby vested with similar powers, to adjourn the

same courts respectively, in case one of the justices thereProviso. of, shall not attend for that purpose: Provided, That such

courts shall not be adjourned from day to day, by one jus

tice or the clerks as aforesaid, for more than six days. May be Sec. 29. And be it further enacted, That whenever it shall by writ.

4 happen that a quorum of the supreme judicial court, or

any court of common pleas in any county, cannot proba

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bly convene within six days from the time by law appointed for holding the same, by reason of the death or sickness of any of the justices of such court, or any other necessary and unavoidable let or hindrance of their attendance, it shall be lawful for any one of the justices of such court respectively, at any time within said six days, by writ under his hand and seal, directed to the sheriff Directed of the county, therein inserting the occasion thereof, to to the adjourn the said court to a further day, as in said writ shall be expressed, at as little distance of time as may be from the day wherein by law the court should have met, so that justice may not be delayed, and the sheriff, upon Sheriff the receipt of said writ, shall cause publication to be make pubmade of the same, at the usual place of said court's sit- thereof. ting, and some other of the most public places within the same county; and also cause a notification of such adjournment, and the time to which it is made, to be posted up at or near the house or place where said court used to sit, and other public places as aforesaid, to the intent that unnecessary travel, charge and attendance of all persons concerned, may be prevented : and the sheriff shall return such writ, with his doings thereon, into the clerk's office of such court: and all pleas, writs, actions, all busisuits, processes, precepts, recognizances and other things ness there

pending whatsoever, returnable or having day in the said court,

Courl, continshall stand, abide and continue unto the said adjournment, ued. and be holden, deemed and adjudged to be as good, effectual and available in law, to all intents, constructions and purposes, as if such court had been holden and kept on the day appointed by law for holding the same, and no adjournment thereof had been made.

Sec. 30. And be it further enacted, That if the supreme Court failjudicial court, or court of common pleas, shall not be ing to

meet, &c. holden at the time appointed by law for holding the same, business to or to which the same may be adjourned as by this act be conti provided, all the business of every kind and nature that might have been pending at such court, shall be heard, proceeded upon and determined, at the next term of such court, in the same manner as it might have been heard, proceeded upon and determined, at the term which was to have been, but was not holden as aforesaid. Sec. 31. And be it further enacted, That each grand and Jurors to

be sworn, petit juror, before his acting as such, shall take the following oath or affirmation, viz: “You solemnly swear, (or affirm,) that as foreman of the grand inquest for the

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Oath of body of the county of - you shall diligently enforeman of grand quire, and true presentment make, of all such breaches of jury. law as shall come to your knowledge; the State's coun

sel, your fellows and your own, shall keep secret; you shall present no person for envy, hatred, or malice, neither shall you leave any person unpresented for love, fear, favor, affection or hope of reward; but you shall present things truly as they come to your knowledge, according to the best of your understanding: so help you God! or

this affirmation you make and give upon peril of the penof the oth- alty of perjury.” “The same oath which your foreman er grand hath taken, you, and each of you, on your behalf, shall jurors.

well and truly observe and keep: so help you God! or

this affirmation you make and give upon peril of the penOf petit alty of perjury." " You swear, (or affirm,) that you will jurors in

well and truly try, and true deliverance make, between criminal

the state of Rhode Island and Providence Plantations, and the prisoner (or defendant) at the bar, according to law and the evidence given you: so help you God! or

this affirmation you make and give upon peril of the penIn civil alty of perjury." “ You swear, (or affirm,) that in all

cases between party and party, that shall be committed unto you, you will give a true verdict therein, according to law, and the evidence given you: so help you God! or this affirmation you make and give upon peril of the

penalty of perjury." Inhabi Sec. 32. And be it further enacted, That any inhabitant of tants of any town in this State shall be a competent witness in towns may be wit- any cause, either civil or criminal, in which the town to nesses, &c. which he belongs, or in which he may own any estate,

shall be interested, as well for as against such town; proProviso. vided he hath no other interest in such cause than as an

inhabitant of such town, or as owning an estate therein,

and is not otherwise legally disqualified. No judge Sec. 33. And be it further enacted, That no judge of any to sit twice court or justice of the peace shall sit in judgment in any in the same case. cause brought to any court by appeal, in which he shall

have before sitten as a judge or justice. Judgment, DEC.

Sec. 34. And be it further enacted, That the clerks of the how to be several courts shall, in the record of every judgment, rerecorded. cite the substance of the declaration and pleadings in such

case. Execu Sec. 35. And be it further enacted, That no execution tions,..shall be issued on any judgment rendered in the supreme when to be issued, &c. judicial court, or any court of common pleas, until the

shall be belongs,".

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expiration of five days next after the rising of the court at which such judgment shall be rendered; and every execution issued from either of the said courts, shall be made returnable to the next succeeding term thereof, and when reshall be returned, by the officer charged therewith, with- turnable. in five days from the day appointed by law for the sitting of the court from whence it issued; and if such officer shall not return the same within that time, he shall be liable therefor, as by law prescribed.

SEC. 36. And be it further enacted, That the representa- Representive of one jointly bound with another for the payment of tati

one jointany debt, or for performance or forbearance of any act, or ly bound, for any other thing, and dying in the lifetime of the lat- liable. ter, 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 however, That the creditor shall first Proviso. pursue the surviving debtor to final judgment and execution.

Sec. 37. And be it further enacted, That all persons ap- Appeals pealing from any judgment given at any of the courts of mont' common pleas in this State, to the supreme judicial court, notes, &c. upon any bond for money, or upon any promissory note for money, whether interest he expressed to be payable in the same or not, shall pay down the costs of the court of common pleas, and give bond to prosecute the appeal so made; and if the appellee in such case shall recover Appellee therein at the supreme judicial court, he shall also recov

double er double cost at such supreme judicial court, and also cost, in double interest on the debt, from the court of common case. pleas appealed from, to the term of the supreme judicial court at which such judgment shall be rendered.

ecover

1732, '43, An act granting Reviews in Civil Actions.

'45 '66 74

'98, 1822. Section 1. Be it enacted by the General Assembly, and by Review, the authority thereof it is enacted, That either party aggriev- in what

cases ed at the judgment of the supreme judicial court in any granted. suit, in which one judgment only shall have been given against him, may at any time within one year review the same, and have one trial more in the same court; and on No new such review there shall be no further pleadings, but the pleadings. cause shall be tried on the issue appearing on the record to have been originally joined by the parties; and the ex

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Not to ecution upon such judgment given in the supreme judicial stay execution,

court shall not be stayed by such review, unless a bond unless. shall be given as is in this act provided; and each party

shall have the liberty to offer any further evidence : and

when either party shall bring a writ of review, and enter How to be the same, the whole cause shall be tried, as if no judgment

had been given therein; and the former judgment may be reversed in whole, or in part, or greater damages or less, or no damages, may be given, as the merits of the cause, upon law and evidence, shall require, in the same manner as though both parties had brought their writs of

review. Surviving

Sec. 2. And be it further enacted, That when there are plaintiff or several plaintiffs or defendants entitled to a review, and defendant may re

any one or more of them die, the survivor or survivors view. shall have a right to bring and prosecute such writ in his

or their own name or names, suggesting therein the death Execu of the deceased plaintiff or defendant; and if such detors, &c. may join.

ceased defendant or defendants shall have paid the damages and costs recovered in the former judgment, or any part thereof, the executors or administrators of such deceased defendant or defendants shall have a right to join with the surviving defendant or defendants in bringing a writ of review in their own right; and such executors or administrators shall have a right to recover in said right, whatever their testator or intestate shall have lost thereby, and judgment shall be rendered and execu

tion issued accordingly : and the executors or adminisprog- trators of such deceased defendant, in case the surviving ecute alone, in defendant shall refuse to prosecute such writ, may pros

ecute the same in their own names, suggesting therein the refusal of such survivor, and shall have a right to recover the damages and cost paid by their testator or in

testate to their use, in their said capacities : and where Several defendants there are several original defendants against whom joint and joint damages shall be given, and any one or more of them how too shall review the cause, the writ shall be taken out in prosecute, the name of the whole; and if any of them shall not ap

pear, the rest shall have a right to prosecute such writ in their own names, and to obtain judgment for all they shall have lost by the judgment reviewed, or such part thereof

as law and justice shall require : and when several damDamages ages are given against several defendants, each one of several, each may lem si

them shall have a right to review the cause in the same prosecute. manner as if he was sole defendant, and shall have a

case.

the whole; the writ shone or more om joint

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