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and to administer an oath to them in form following: You solemnly swear (or affirm) that the evidence which you shall give to this inquest concerning the death of
here lying dead, shall be the truth, the whole truth, and nothing but the truth ; so help you God; (or, this affirmation you make and give on peril of the penalty of perjury.)
Sec. 7. The testimony of each witness shall be drawn up in writing, and subscribed by him, and if any witness charge any person with killing, or of being, in any way, instrumental to the death of the person so found dead, the coroner shall bind such witness by recognizance and in a reasonable sum, for his personal appearance at the next supreme court to be holden within and for the same county, then to give evidence accordingly; and if any such witness shall refuse to recognize as aforesaid, the coroner shall and may commit such witness to the jail of the county, there to remain until he shall recognize or be otherwise discharged according to law.
Sec. 8. The jury, having viewed the body, heard the evidence and made all the inquiry within their power, shall draw up and deliver unto the coroner their verdict upon the death under consideration, in writing, under their hands, and the coroner shall set his hand and seal thereto; and shall return to the next supreme court holden in the county, the inquisition, written evidence and recognizances, if any, by him taken,
Sec. 9. Upon an inquisition found before any coroner of the death of any person by the felony or misfortune of another, he shall immediately make a complaint thereof, in writing and on oath, to some justice of the peace in the same county, to the intent that the person killing, or being in any way instrumental to the death, may be apprehended, examined and secured for trial.
Sec. 10. The following shall be the form of the inquisition to be taken as aforesaid : State of Rhode Island and Providence Plantations. An inquisition taken at in the county of
in the year of our Lord before one of the coroners of the town of in said county of
upon view of the body of there lying dead, by the oaths of six good and lawful men ; who, being sworn and charged to inquire, for the said state, when, how, and by what means, the said came to his death, upon their oaths do say : (then insert how, where, when, and by what means, he was killed, and if it appears that he was murder
ed by a person known, then the inquisition shall be concluded thus :) " and so the jurors aforesaid, upon their oaths aforesaid, do say, that the said in manner and form aforesaid, of his malice aforethought, the said did kill and murder, against the peace and dignity of this state.” If it appear to be self-murder, then the inquisition shall conclude thus : “and so the jurors aforesaid, upon their oaths aforesaid, do say, that the said
in form and manner aforesaid, then and there, voluntarily, and feloniously, as a felon of himself, did kill and murder himself, against the peace and dignity of the state."
If it appears that the death was by misfortune, the inquisi tion shall conclude thus : " and so the jurors aforesaid, upon their oaths aforesaid, do say, that the said in manner aforesaid came to his death by misfortune.” If the death was occasioned innocently, by the hands of
the inquisition shall conclude thus: “and so the jurors aforesaid, upon their oaths aforesaid, do say, that the said fortune, and contrary to the will of the said in manner and form aforesaid, the said did kill and slay." In witness whereof, the said jurors have hereunto set their hands, the day and year abovesaid.
In witness of all the before written, the said coroner hath hereunto set his hand and seal, the day and year aforesaid.
Sec. 11. The fee of the officer for summoning a jury shall be one dollar, and no more; the fee of each juror, one dollar per day, and no more ; and the fee of the coroner for taking an inquisition, one dollar, and one dollar per day for every day employed therein.
Sec. 12. When any inquisition shall be had on the body of any deceased person, the charges thereof shall be paid out of the estate of the person so deceased, and said charges shall be deemed a part of the funeral charges and have a priority as such over other claims; and it shall be the duty of the coroner to exhibit said charges as a claim against said estate, and to enforce it by law, if need be. But in case there be no estate, or not sufficient estate left by said deceased person for said purpose, the said charges shall be paid out of the town treasury; but if the deceased be a prisoner in the state prison or in any state jail, said charges shall be paid out of the general treasury.
An Act relative to Public Notaries.
SECTION 1. Public notaries to be appointed ; to be 2. Duties of; protest bills; take deposicommissioned and engaged.
tions, &c. It is enacted by the General Assembly, as follows:
Section 1. There shall be so many public notaries annually appointed by the general assembly, for the several counties, as they shall judge expedient; and they shall be severally commissioned and engaged thereon, according to law.
Sec. 2. Public notaries are hereby authorized within their respective counties to act, transact, do and finish all matters and things relating to protests and protesting bills of exchange and promissory notes, and all other matters within their office required by law; to take depositions as prescribed bylaw, and acknowledgments of deeds and other instruments, and to administer oaths.
An Act in relation to the Supreme Court.
SECTION 1. Jurisdiction of sup.court in civil cases. any cause in equity; writs of injunc. 2. Criminal jurisdiction of.
tion to be issued according to the 3. Jurisdiction as supreme court of pro- course of equity. bate.
12. Single justice to hear matters at clerk's 4. Power to grant new trials in certain office in county where cause is pend
cases, civil, criminal and probate ; ap- ing; costs may be awarded in such plication when to be made ; proceedings in such cases, and effect of the 13. Sup. court to consist of one chief and
three associate justices; any two to 5. Court in term and any justice in vaca
be a quorum. tion to require an assignee for benefit 14. Oath of justices. of creditors to make an inventory and 15. Sup. court to charge grand and petit to give bond.
juries. 6. In case an assignee refuse to render 16. One of the justices to examine clerk's
an inventory or give bond when re- records and report to the general asquired, court or justice may remove sembly. him and appoint a receiver.
17. Salaries of justices. 7. Court in term or any justice in vaca- 18. Clerk to be appointed in each county;
tion may grant writs of injunction to give bond and be under oath. against rail roads and turnpikes in cer. 19. A reporter to be appointed by general tain cases, after notice.
assembly. 8. Jurisdiction over petitions for divorce, 20. Reporter to be sworn. &c.
21. Duty of reporter. 9. May administer oaths, panish for con- 22. Court to communicate to reporter their
tempts, and make rules of practice. decision in any case, on request. 10. Petitions and bills in equity in what 23. Salary of reporter. county to be preferred.
24. Title of reports; state to purchase 125 11. Any justice on a rule day may pass copies annually.
any decree except a final decree, in
It is enacted by the General Assembly, as follows:
SECTION 1. The supreme court shall be holden at the times and places by law appointed, and shall have cognizance and jurisdiction of all actions and pleas of a civil nature, whether in law or in equity, between party and party, and between this state and any of the citizens thereof, which shall be brought legally before them; with full power and authority to pass all judgments, orders and decrees therein, and to issue such process as may be necessary to enforce them, including the issuing of injunctions and the hearing and determining bills of discovery ; question of fraud or no fraud arising in any bill in equity may, at the discretion of the court, be tried by a jury, as other issues of fact are, at said court, at the request of either party.
Sec. 2. Said court shall have cognizance of all crimes, offences and misdemeanors, which shall legally be brought before them; and upon all persons convicted before them of any crime, offence or misdemeanor, shall inflict such punishment as is, or shall be, by law provided.
Sec. 3. Said court shall be the supreme court of probate in this state, and shall have cognizance and jurisdiction of all matters brought legally before them, by appeal or otherwise, from any court of probate which is or shall be established by law.
Sec. 4. Whenever it shall be made to appear to the satisfaction of said court, by any party in a suit which shall have been tried or decided therein, or which shall have been tried or decided in either of the courts of common pleas, within one year previous to such application, that by reason of any accident, mistake or any unforeseen cause, judgment has been rendered in such suit, on discontinuance, non-suit, default or report of referees, or that such party had not a full, fair and impartial trial in such suit, and the court thereupon shall think it reasonable to grant a trial, or in case a trial hath been had in such case, to grant a new trial therein, they shall have power to grant the same, upon such terms and conditions as they shall prescribe. And the said court shall also have power to grant a new trial in any case where there has been a trial by jury, for reasons for which new trials have been usually granted at common law; and if the application for such trial or new trial of a suit decided in the said supreme court shall be made at the same term in which such suit shall have been tried or decided, the adverse party shall be holden to answer the same, without further notice thereof; but if such application shall be made at any other term of said court in a suit decided therein or in either of the courts of common pleas, notice thereof shall be given to the adverse party, in such manner as the court shall, by general rule or otherwise, direct, to appear at such time as the court shall appoint to answer the same; and whenever a trial or a new trial shall be granted, the same shall be had before any court in any county, at such term thereof, and under such restrictions and conditions, as the said supreme court may prescribe: provided, that if the application for a new trial shall be made by the plaintiff, no goods or chattels or real estate attached, or bail given upon the original writ, shall be holden to respond the judgment in such case, unless the application for a new trial be made at the term in which such cause shall have been decided, if in the supreme court; but if the same shall have been decided by any court of common pleas, the plaintiff shall file his petition for a trial, or a new trial, with the clerk of the supreme court for the same county, and notify the adverse party thereof within ten days after the rising of the court at which the same shall have been decided, or the bail or property aforesaid shall be discharged. And the said court shall and may exercise the same powers in granting a trial in all cases decided at a special court of common pleas, or before any justice of the peace, if no trial shall have been had therein, and may exercise the like powers in granting a trial in all cases decided by any probate court, wherein the party shall have neglected to prosecute his appeal according to law; and shall also have power, in their discretion, on the petition of the accused, to grant trials or new trials upon indictments or other criminal prosecutions in which verdict or judgment shall have been rendered against such petitioner: provided, application therefor shall be made within one year after such cause shall have been tried or decided : provided further, that all petitions for trials or new trials shall be filed, heard and tried only in the county in which the original suit or prosecution was commenced or tried.
Sec. 5. Said court in term time, and either of the justices thereof in vacation, is authorized and empowered, upon the application of any creditor interested in a deed of assignment made by a debtor for the benefit of creditors, and upon cause shown, to require the assignee or assignees nominated in such deed of assignment, to render on oath to said court or justice, an inventory of all the effects, estate and credits conveyed by such deed of assignment, 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 in such deed of assignment contained ; which bond shall be given to the clerk of said court for the time being, in the county where the process is commenced,