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rendering judgment may award costs for or against the plaintiff or defendant, or for neither, in their discretion, according to the circumstances of the case.
SEC. 35. In all actions of the case for slanderous words or malicious prosecutions, and in all actions for trespass, for assault and battery or imprisonment, that shall be commenced at any court of common pleas, 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. 36. Any one of the justices of the supreme court or courts of common 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 thereof shall not attend for that purpose : provided however, that such courts shall not be adjourned from day to day by one justice, or the clerks as aforesaid, for more than six days.
Sec. 37. Whenever it shall happen that a quorum of the supreme court, or any court of common pleas, cannot probably 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 of the county, therein inserting the occasion thereof, to 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 the receipt of such writ, shall cause publication to be made of the same at the court house in the county, 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 said court house 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, suits, processes, precepts, recognizances and other things whatsoever, returnable or hav
ing day in said court, shall stand, abide and continue unto the said adjournments, 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. 38. If the supreme court or court of common pleas shall not be holden at the time appointed by law for holding the same, or to which the same may be adjourned, as by this act 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. 39. The foreman of any grand jury which may be empannelled shall have full power and authority to administer all necessary oaths and affirmations to witnesses who may be examined before the grand jury of which he is foreman.
Sec. 40. Each grand and petit juror, before his acting as such, shall take the oath herein prescribed : the oath to the grand jurors shall be as follows: You severally and solemply swear, (or affirm,) that, as members of the grand inquest for the body of the county of
you shall diligently inquire and true presentment make of all such crimes and misdemeanors cognizable by this court as shall come to your knowledge; the state's counsel, your fellows' and your own, shall keep secret ; 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 penalty of perjury. The oath of the petit jurors in a criminal case shall be as follows: You swear, (or affirm,) that you will well and truly try, and true deliverance make, between 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 penalty of perjury. The oath of the petit jurors in civil cases shall be as follows: You swear, (or affirm,) that in all cases between party and party that shall be committed to 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.
Sec. 41. Any inhabitant of any town shall be a competent witness in any cause, either civil or criminal, in which the town to which he belongs, or in which he may own any taxable estate, shall be interested, as well for as against such town ; provided 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.
Sec. 42. No judge of any court or justice of the peace shall sit in judgment, in any cause brought to any court by appeal, in which he shall have before given judgment in chief, on trial, as a judge or justice
Sec. 43. The clerks of the several courts shall, in the record of every judgment, recite the substance of the declaration and pleadings in such case; and whenever, by accident, neglect or otherwise, any clerk may have failed to record the proceedings of the court of which he is clerk, in any cause pending before them, said court may direct the acting clerk to record said proceedings, upon such evidence as may seem satisfactory to them; giving notice to the parties interested or their attornies, whenever they may deem it proper from the circumstances of the case.
Sec. 44. No execution shall be issued on any judgment rendered by the supreme court or by any court of common pleas until the 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 shall be returned by the officer charged therewith, within 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 : provided, however, that the supreme court are hereby authorized and empowered, in their discretion, on motion, to direct execution to issue, in due form of law, upon any judgment rendered by said court, at any time during the term of the court at which such judgment shall be rendered ; with the same effect as if said execution had issued five days after the rising of said court.
Sec. 45. 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 life time 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, however, that the plaintiff shall first pursue the surviving debtor to final judgment and execution.
Sec. 46. 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. 47. All persons appealing from any judgment rendered by any of the courts of common pleas to the supreme court, upon any bond for money or upon any promissory note for money, or upon any bill of exchange against the acceptor thereof, whether interest be 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 therein at the supreme court, he shall also recover double costs at such supreme court, and also double interest on the debt from the day of the judgment of the court of common pleas appealed from, to the time of the final trial in the supreme court : provided, however, if the supreme court on such final trial shall be satisfied that such appellant had reasonable ground of defence, and that such appeal was not solely for delay, they shall allow only single interest from the day of the judgment of the court of common pleas appealed from to the time of such final trial, with single costs.
Sec. 48. All original writs in which the plaintiff is not an inhabitant of this state shall, before the service of such writ, be endorsed by some sufficient person who is an inhabitant of the state ; and in any case the court or justice of the peace before whom the same is pending may, upon motion of any defendant, upon cause shown, require the plaintiff to procure another or a sufficient endorser; and upon his neglecting to comply with such order, such case shall be dismissed with costs for the defendant.
Sec. 49. Every such endorser shall be liable, in case the plaintiff make not his plea good, to pay all costs that shall be awarded against the plaintiff : provided, suit be brought therefor within one year after final judgment in such suit.
Sec. 50. All actions and suits, as well in law as in equity, which concern the realty or any easement therein, or possession thereof; all actions of trespass for breaking and entering the close of the plaintiff, and all other actions in which title to real estate may be tried and determined, shall be brought and tried in the county in which the land lies; all other actions and suits shall be brought and tried in the county where the plaintiff or defendant, or some one of them if there be more than one plaintiff or defendant, shall dwell, if the plaintiff or defendant or any one of them, if there be more than one plaintiff or defendant, dwell in this state, or in that county in which the defendant or some one of them if there be more than one, shall be arrested. But if neither plaintiff nor defendant shall dwell in this state, such actions may be brought and tried in any county. Actions commenced by or against corporations established in this state shall be brought and tried in the county in which such corporation was located by its charter, if there be any such location ; if not, then in the county in which the annual meetings of such corporation are required to be holden, or are actually holden, or in which the other party dwells; actions commenced by or against corporations established out of this state shall be brought and tried in any county in this state; all actions commenced contrary hereto, except as in the next succeeding section provided, shall be abated.
Sec. 51. All actions commenced on any promissory note in the name of an assignee or endorsee against the original promisor, shall be commenced in the same county wherein such action ought by law to have been commenced if no assignment or endorsement of such note had been made; and no more costs shall be taxed, in any such action, than would, by law, be taxable, if the same had been commenced in the name of the original promisee.
SEC. 52. The plaintiff or appellant in every civil cause in the supreme court or any court of common pleas, shall pay to the clerk thereof the sum of five dollars, for the trial of each issue tried separately to a jury in every such cause before the verdict on such issue shall be recorded ; and the sum of two dollars and fifty cents for each cause which shall be opened to a jury, and disposed of without a verdict being rendered; to be paid by the clerks respectively into the general treasury.
Sec. 53. Every judgment rendered by the supreme court or any court of common pleas, for debt or damages to the amount of twenty dollars, shall draw interest on such debt or damages, from the time of its rendition to the time of its discharge.
Sec. 54. The clerks of said courts shall note on the margin of every execution the time when the judgment recited in the same was rendered; also, whether the execution was awarded against the defendant, in any suit brought against