purpose whatsoever; and when there are several persons to whose use the moneys recovered on an administration bond are to enure, there shall be as many separate and distinct judgments, in form aforesaid.. SEC. 11. During the pendency of such suit, the court, on motion, may order the name of any person interested to be indorsed on the original writ in manner aforesaid, he giving security for costs on the back of said writ for costs if required; and such person shall thereupon be entitled to the same rights as if his name had been so indorsed before the service of the writ, subject however and subsequent to the other indorsers, in case of attachment of or levy upon property. SEC. 12. After judgment for the penalty of such bond, any person interested, upon giving security for costs as in other cases, may sue out a scire facias on such judgment, and upon proof of his claim as aforesaid, may have judgment as aforesaid that an execution issue to his use. SEC. 13. No suit or judgment on such bond shall abate or bar any suit thereon, against any obligor against whom no suit has been commenced or judgment rendered. SEC. 14. A judgment in favor of the obligors shall in no case bar any suit thereon for the benefit of a different claimant, or of the same claimant for a different claim. SEC. 15. Besides suits brought for the benefit of particular claimants as aforesaid, a suit for the benefit of all concerned in the estate may be brought on such bond, at the instance of any party interested; who shall give security for costs to the defendant on the writ, and satisfactory bond to the court of probate, securing said court against expenses and costs, in which case indorsement that the suit is brought for the benefit of all interested in the estate, shall be made upon the writ. SEC. 16. Such suit may be brought when it shall appear that the administrator, or the executor not being residuary legatee or not having given bond to pay debts and legacies, has received personal estate of the testator or intestate, and has not, though cited by the court so to do, exhibited upon oath a particular inventory thereof. SEC. 17. Such suit may be brought if the executor or administrator, though cited by the court so to do, shall refuse or neglect to account, upon oath, for the property of the testator or intestate by him received, or then in his hands. SEC. 18. In the cases mentioned in the two sections next preceding, judgment shall be rendered against the executor or administrator so in default, for the full penalty of such bond; and upon hearing in chancery upon such forfeiture, the court shall award execution against such executor or administrator in favor of the court of probate, for the full value of the personal estate of the deceased proved to have come to his hands, or, in case he has once accounted, remaining or being in his hands at and since the last accounting, without any discount, abatement or allowance for charges and expenses of administration or for debts by him paid. SEC. 19. In case of such recovery, the amount so recovered shall be deemed to be the property of the testator or intestate; and after paying therefrom all expenses of recovery, shall be administered through the intervention of a new administrator, to be appointed for that purpose. TITLE XXV. Of the Judiciary and its Officers. CHAPTER 164. Of the supreme court. CHAPTER 165. Of the court of common pleas. CHAPTER 166. Of the adjournment of the supreme court and court of common pleas. CHAPTER 167. Of special courts of common pleas and of proceedings therein. CHAPTER 168. Of the jurisdiction of and proceedings before justices of the peace in civil cases. CHAPTER 169. Of courts of magistrates or justices. CHAPTER 170. Of clerks of the supreme court and court of common pleas. CHAPTER 171. Of the reporter and reports of the decisions of the supreme court. CHAPTER 172. Of jurors and juries. CHAPTER 173. Of sheriffs, deputy sheriffs and jailors. CHAPTER 174. Of the keeper of the jail in the county of Providence. CHAPTER 175. Of town sergeants and constables. SECTION 8. Equity powers of. 9. Power of, to order service of process out of the state. 10. Power of, to administer oaths, punish contempts, and make rules and orders. 11. Power of, to award judgments, &c., execution and process. 12, 13, 14, 15, 16 and 17. Power of court, or justice of, over assignees under voluntary assignments for benefit of creditors, and of proceedings therein. 18. Power of, or of justice of, to enjoin railroad or turnpike corporations. 20. Original concurrent jurisdiction of, in 23. Exclusive criminal jurisdiction of. 25. Duty of, to charge the grand jury. SECTION 26. Duty of, to instruct petit jury. 28. How many justices of, required for cer- 29 and 30. Court, held in different places at same time. 31. Prisoner for any crime pleading guilty sentenced by single judge of. 32. Pleading not guilty, trial of to wait. 33. Justices of, conservators of peace throughout state. 34. Interlocutory orders in equity, how and when made, and with what ef fect. 35. Orders and writs of injunction, how 36. Times and places of holding court. SECTION 1. The supreme court shall consist of a chief justice, and three associate justices, to be appointed, commissioned and to hold their offices as prescribed in the constitution. SEC. 2. Each of said justices shall, before he proceeds to execute any of the duties of his office, take the following oath or affirmation: I do solemnly swear, (or affirm,) that I will support the constitution of the United States, and the constitution and laws of this state; that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge and perform all the duties incumbent on me as chief justice (or as one of the associate justices, as the case may be) of the supreme court, according to the best of my abilities, agreeably to law: so help me God: (or, this affirmation I make and give upon peril of the penalty of perjury.) SEC. 3. The supreme court shall have cognizance of all pleas, real, personal and mixed, and of all civil actions between party and party, and between the state and citizens thereof, and of all criminal proceedings which may be legally brought before them. SEC. 4. The said court shall have the general superintendence of all courts of inferior jurisdiction, for the prevention and correction of errors and abuses, where no other remedy is expressly provided by law. SEC. 5. The said court shall have exclusive authority to issue writs of error, certiorari, mandamus, prohibition, quo warranto, or to entertain informations in the nature of a writ of quo warranto, and may issue writs of habeas corpus, and all other writs and pro cesses, to courts of inferior jurisdiction, to corporations and individuals, that shall be necessary to the furtherance of justice, and to the due administration of the laws. SEC. 6. When there shall be occasion for any writ or process for which no form is prescribed by statute, or for any change in any form prescribed, to adapt such form to a change of law, said court shall frame a new writ or process, or change the old one, in conformity with law. SEC. 7. The said court shall have exclusive cognizance and jurisdiction of all petitions for divorce, separate maintenance, alimony and custody of children, and of all petitions for the relief of insolvents, with all incidental powers necessary to the proper discharge of its duties therein according to law. SEC. 8. The said court shall have exclusive cognizance and jurisdiction of all suits and proceedings whatsoever in equity, with full power to make and enforce all orders and decrees therein, and to issue all process therefor according to the course of equity. SEC. 9. The said court shall have power to order service of any process, original or auxiliary, at law or in equity, upon persons out of the state, by personal notice, publication in a newspaper within or without the state, or otherwise, for the purpose of dealing with any property, relation or person within the state, and subject to the jurisdiction thereof, according to law. SEC. 10. The said court is empowered to administer all necessary oaths and affirmations, and to punish by fine or imprisonment all contempts of authority, in any cause or hearing before them; to make rules and orders for said court, and the court of common pleas, directing the returning of writs and processes, the filing of pleadings, the taking of rules, the entering and making up of judgments, the custody, deposit, investment and payment of moneys, in the registry of the court, and other matters, in vacation or otherwise, in manner not repugnant to law; to regulate the practice before said court as shall be fit and necessary for the advancement of justice, and especially to prevent delay in proceedings; and to establish rules for the admission of attorneys to practise in the courts of the state. SEC. 11. The said court shall have power to make and award all such judgments, decrees and orders, and to issue all such executions and other writs and processes, and to do all such other acts, as may be necessary or proper to carry into full effect all the powers and jurisdiction, whether original or appellate, which are or may be given to them by the constitution or by law. SEC. 12. The said court in term time, and either of the justices thereof in vacation may, upon the petition of any creditor interested in a deed of assignment made by a debtor for the benefit of creditors, upon due notice and for cause shown, by summary order require the assignee or assignees named in such deed, to render on oath to said court or justice, an inventory of the effects, estates and credits conveyed by such deed, so far as the same can be ascertained, and to give bond with sufficient surety or sureties to the satisfaction of said court or justice, for the faithful performance of the trusts of such deed. SEC. 13. Such bond shall be given to the clerk of said court for the time being of the county in which the petition is filed, and shall enure to the benefit of all the creditors interested in said deed of assignment, according to the provisions thereof. SEC. 14. The said court or justice shall remove any assignee who shall neglect or refuse to render such inventory or to give such bond when thereunto required as aforesaid; and may, upon the petition of a majority in interest of the creditors interested in any such deed of assignment upon due notice, and for cause shown, remove the assignee or assignees named therein from their office and trust. SEC. 15. In case of such removal of an assignee, said court or justice shall appoint one or more suitable persons to receive, take and recover all the effects, estate and credits conveyed in such deed of assignment; and the same to hold and dispose of, for the uses, intents and purposes set forth in said deed of assignment; which person or persons so appointed, shall, by operation of law, have and enjoy all the rights and estates, and be subject to all the duties, liabilities and responsibilities, that appertain by virtue of said deed of assignment to the assignee or assignees removed. SEC. 16. No suit pending in favor of or against any such assignee removed, shall be abated or discontinued by reason of such removal or appointment, but the new assignee may prosecute, and shall defend against any such suit, for the benefit of the assigned estate. SEC. 17. Upon removal of any assignee by summary proceeding as aforesaid, the court or justice making the removal and new appointment, shall make provision for the settlement of the accounts of the assignee removed, according to the course of equity; and shall have power to enforce the payment of any balance due from him to the assigned estate, by execution in favor of the new assignee, to run against the goods and chattels, or real estate of the removed assignee, and for want thereof against his body. SEC. 18. The said court in term time, or either of the justices thereof in vacation, may, in their discretion, upon due notice, and for cause shown, enjoin any railroad or turnpike corporation from using any of its corporate franchises in violation of law, or of the conditions, limitations and provisions of its act of incorporation, upon the petition of any person interested therein; such injunction, if made in vacation, to continue in force until the end of the next term of said court in the same county, unless sooner dissolved by said court. SEC. 19. The said court shall have the same jurisdiction in equity, over receivers of banks and other corporate bodies appointed by the general assembly, that it has over receivers and trustees appointed by said court. SEC. 20. The said court shall have original jurisdiction, concurrent with the courts of common pleas in each county, in all civil |