review.

right to obtain restoration of all he has lost by the judg ment reviewed: and whenever there is more than one writ of review of the same cause brought to the same court, the whole shall be tried by the jury at the same time and in all actions brought to recover the posses- Heir may sion of real estate, the heir at law or devisee of any testator or intestate shall have a right to review the same, in the same manner that executors and administrators are authorized to review personal actions; and the like proceedings shall be had thereon, mutatis mutandis, unless the estate of such testator and intestate is represented insolvent, in which case the executors or administrators or execúshall have a right to review the same in manner afore- tors. said.

to be stay

SEC. 3. And be it further enacted, That if any original Execu defendant or defendants entitled to a review, his or their tion, when agent, or attorney, shall, at the time of entering up judg- ed. ment against such defendant or defendants, give bond with sufficient surety or sureties to the adverse party, to the satisfaction of the court, with condition to prosecute a writ of review of the same action with effect, at the next supreme judicial court to be holden for the same county, and to pay to the original plaintiff or plaintiffs the damages, goods or chattels recovered, with lawful interest from the time of making up such judgment, with costs, in case such judgment shall be affirmed in whole or in part, or if the judgment shall be in detinue or replevin for any goods or chattels, then to pay all such damages as the jury shall assess for the detention, with costs, if the former damages are affirmed in whole or in part; in every such case execution shall be stayed on the judgment whereof such review is had.

SEC. 4. And be it further enacted, That all actions of re- Review, view shall be brought to the court to be holden within when brought. one year from the time of rendering the judgment to be reviewed; and the writ or summons of review shall be taken out and served thirty days before the sitting of the court to which the action of review shall be brought, and the reasons of such review shall be in such writ contained; saving to infants, feme coverts, persons non compos Saving to mentis, or beyond sea, one year after such impediments infants, shall be removed, to bring their writs of review as aforesaid.

&c.

SEC. 5. And be it further enacted, That the officer shall Writs how take good and sufficient bail in all writs of review, where

served.

Against

absent persons, how served.

1729, '34, '37 '42 '45 '46 '47 '49

'50 '52 '53

'81 '92 '98

bail is required and it may be done, to answer the judg ment that shall be given thereon; and where the body of the defendant cannot be found, nor sufficient estate be found to attach, to answer such action of review, then it shall be lawful for the officer to attach the money, goods or lands by him received, levied or attached, in pursuance of the former judgment obtained, if the same be remaining in his hands or unsold, at the time of his receiving said writ of review.

SEC. 6. And be it further enacted, That whenever any writ of review is brought against any person living out of the State, and not to be found therein, the leaving a copy of such writ with the attorney who signed the original writ and declaration, or either of them, or the attorney who signed the plea or answer filed, or with the special agent of the defendant in review, shall be a good service to bring the cause to trial; provided the plaintiff in the review, or his attorney, shall give order in writing on the back of the writ of review, therein naming the attorney or agent to be served with a copy.

257 62 70 An act apportioning each town's quota of Jurors to attend the several Courts of this State, and directing the method of choosing them, and regulating their attendance at said Courts.

1804, '06

'07 '16 '17 '18 '20 '22.

Jurors in

port.

SECTION 1. Be it enacted by the General Assembly, and the county by the authority thereof it is enacted, That the county of of New- Newport shall send to the supreme judicial court and to the court of common pleas and general sessions of the peace, when holden in said county, thirteen grand jurors, and sixteen petit jurors, that is to say: 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 jurors; Tiverton, two grand and two petit jurors; Little-Compton, two grand and two petit jurors.

County of Providence.

That the county of Providence shall send thirteen grand and sixteen petit jurors, that is to say: Providence, one grand and four petit jurors; Smithfield, three grand and two petit jurors; Scituate, one grand and two petit jurors; Glocester, one grand and two petit jurors; Cumberland, one grand and one petit juror; Cranston, two grand and one petit juror; Johnston, one grand and one petit juror; North-Providence, one grand and one petit juror; Fos

ter, one grand and one petit juror; and Burrillville, one grand and one petit juror, to each of said courts.

Washington.

That the county of Washington shall send thirteen County of 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 jurors; Charlestown, one grand and two petít jurors; Exeter, two grand and two petit jurors; Richmond, one grand and one petit juror; Hopkinton, one grand and two petit jurors, to each of said courts.

Bristol.

That the county of Bristol shall send thirteen grand County of 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, to each of said courts.

Kent.

That the county of Kent shall send thirteen grand and County of 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, to each of said courts.

how to be

drawn.

Sec. 2. And be it further enacted, That each town-council Jurors, within this State shall annually make a list of all persons liable by law, and whom they shall judge to be qualified as jurors, and put the names of all such persons on separate pieces of paper into a box, provided by each town for that purpose, and deliver the same to the town-clerk of each respective town, to be by him kept locked; and that each town-clerk within this State shall carry the jury box to the town-meeting next preceding the sitting of each of said courts; and in case of sickness, or the absence of the town-clerk, then by one of the members of the town-council; which box shall be unlocked in open town-meeting, and the town-clerk, or in his absence one of the members of the town-council, shall draw out so meeting. many persons' names as there are grand and petit jurors required by law to be drawn for such town; or should it be necessary to draw jurors to serve on any occasion by law required, at any time when no town-meeting shall be convened in course, or no other business shall require the May be calling a town-meeting, in such case it shall be lawful for drawn by the town-councils of the several towns in this State, to council, in cause the boxes in which are contained the names of the case. freemen, to be brought into the council-chamber, and the jurors to be drawn in their presence; and that such choice

In open

town

town

Proviso.

Townclerk to

make return of jurors.

To be

town-ser

geant or constable.

Persons drawn who are

shall be valid as though made in the presence of the freemen in town-meeting assembled: Provided always, That should any business make it necessary to convene the freemen, when jurors ought to be chosen, that then and in such case the jurors shall be drawn in the presence of the said freemen, any thing herein contained to the contrary notwithstanding.

SEC. 3. And be it further enacted, That the jurors who shall be drawn as aforesaid, shall in writing be returned by name, by the town-clerk, to the clerk or one of the judges of the court at which they were chosen to serve, before or at the opening of said court, upon the penalty of forfeiting ten dollars, to be collected by warrant of distress, from the court to which such return should have been made, to and for the use of the State; in which return it shall be designated who are grand and who petit jurors and that the town-clerk of each town shall give a warned by list to the town-sergeant, or one of the constables of said town, of the names of all persons chosen jurors, who shall warn them six days at least before the sitting of the court at which they are to serve; and the sergeant or constable shall be paid twenty-five cents out of the towntreasury for warning each juror: and when any person's name is drawn for a juror who is sick or out of the State, excusable. or shall hold any office whereby he is exempted by law from serving at that time, in such case the moderator shall cause the same to be returned into the box, and order another to be drawn in his room, who hath no such impediment: and in case any juror shall be excused by the court to which he shall be returned on the first or second day thereof, the clerk of such court shall, as soon as may be, make return of the names, of all such jurors who shall be so excused as aforesaid, to the town-clerk of the town from which they were returned, to be put into the box again at the next succeeding town-meeting at which jurors are to be drawn: and to the end that the Names of same persons may not be required to serve as jurors too jurors drawn to often, the town-clerk or the town-council man who shall be put into draw the name of any person to be returned to serve as separate aforesaid, shall put the same into another box provided for that purpose, until all the names be drawn out of the first box; and then the whole to be returned into the first box, to be drawn out again in manner aforesaid.

a

box.

SEC. 4. And be it further enacted, That it shall be the duty of the town-councils of the several towns in this State,

councils to

in the month of April in every year, carefully to examine Townthe boxes containing the names of the freemen to be drawn for as jurors, and in their discretion to reject jury boxes. therefrom all such as are disqualified to act as such, on account of defects either of body or mind, or any other cause whatsoever.

for draw

SEC. 5. And be it further enacted, That when any town Penalty shall draw and return any person to serve on the grand ing an exor petit jury, in any court in this State, who shall be by empt. law exempted, such town shall forfeit the sum of twenty dollars, to be recovered by action of debt against the treasurer of such town, by the general-treasurer, for the use of the State: Provided always, That such person so Proviso. drawn, but exempted as aforesaid, shall and do, within six days before the sitting of the court at which he was chosen to serve, having had notice of his being chosen given him by the town-sergeant or one of the constables of said town, make the same known to the town-clerk of the town where he is chosen, who upon such notice given on notice, shall immediately summon the town-council to meet and council to draw one out of the box in the room of such exempted person, who shall be immediately warned by the townsergeant or one of the constables as aforesaid, to give his attendance at the court; but if the person so drawn and Penalty exempted as aforesaid shall omit to make disclosure for not giving notice. thereof as aforesaid, he shall forfeit and pay the like fine with one chosen to serve on the grand or petit jury, and neglecting to appear; which fine shall be for the use of the State, to be levied and collected by a warrant of distress from the court, directed to the sheriff of the county or his deputy, who shall be allowed the same fees for collecting, as by law are allowed for executions.

be called.

non

SEC. 6. And be it further enacted, That any person who Fine for shall be chosen in any town, to serve either on the grand attendor petit jury, in any of the courts, and being duly notified ance. thereof, shall neglect to appear at the court on the day by law appointed, or if any person shall be returned by the sheriff or his deputy on a writ of venire facias, and shall neglect to appear, in either or both such cases, such person shall forfeit and pay as a fine, the sum of ten dollars, to be paid by the clerk of such court into the general-treasury.

SEC. 7. And be it further enacted, That the several courts Courts in this State be and they are hereby authorized to im- may fine for neglect pose and levy upon the jurors returned to the said courts &c.