« ForrigeFortsett »
and shall enure to the benefit of all the creditors interested in said assignment, according to the provisions thereof.
Sec. 6. The said court or justice shall remove any assignee nominated in any such deed of assignment, as is referred to in the next preceding section, if the said assignee neglect or refuse to render said inventory, or to give bond when thereunto required, by said court or justice, in manner aforesaid ; and 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 so appointed shall 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 so removed.
Sec. 7. The said court, upon the application of any person interested therein, and upon cause shewn, in their discretion, may grant writs of injunction, according to the course of courts of chancery, against any rail road or turnpike corporation in this state, that shall be using any of its corporate rights and franchises in violation of or repugnant to law, or to the conditions, limitations and provisions contained in its charter of incorporation : provided, however, that the corporation against which said writ of injunction shall be prayed, shall first have notice of the pendency of such application, and shall be heard in the matter if they shall see fit. Upon a similar application and under like limitations and provisions, any justice of said court in vacation may grant a writ of injunction, to continue in force until the next term of the court in the same county and for any definite time thereafter, unless removed by said court.
Sec. 8.' Said court shall have jurisdiction and cognizance of all petitions for divorce, separate maintenance, alimony, and custody of children, and of all petitions for the benefit of the insolvent act of this state, with all the powers necessary for a proper discharge of the duties required.
Sec. 9. They are also 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, directing the returning of writs and processes, the filing of pleadings, the taking of rules, the entering and making up of judgments, 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 make and establish rules for the admission of attornies to practice in the courts of this state ; said court is also empowered to issue writs of certiorari, scire facias, habeas corpus, mandamus, quo warranto, writs of protection, and all other writs not specially provided for by statute ; and to do all such other acts as may be necessary or proper, to carry into full effect all the powers which are or may be given them by law.
Sec. 10. All bills and petitions in equity, and all civil process originally commenced before said court, shall be commenced in the county in which some one of the parties named therein shall dwell or reside ; but by consent of all parties or their counsel, endorsed on the papers, in any matter in equity pending before said court, the same may be transferred to and heard and determined in any other county, at the discretion of said court, upon such terms and conditions as they may deem expedient.
Sec. 11. At any day appointed or to be appointed by said court for taking rules in any county, in matters of equity, any justice of said court may proceed to pass any rules, orders or decrees, except final decrees, in any cause in equity then pending before said court in said county, with the same effect as said court could and might if in session; and may, at any other time, according to the course of equity, issue writs of injunction.
Sec. 12. In all cases in which power is conferred on a single justice of said court in vacation, to hear and determine on any matter, such hearing shall be, unless good cause be shown to the contrary, in the office of the clerk of the court, in the county in which the same shall be heard, which shall be that in which some one of the persons named therein shall reside or belong; and the said justice shall certify his proceedings to the said clerk, and return to him the original papers in said matters, to be by him kept on file in his said office; said justice in such cases may, in his discretion, award costs to either party therein, which shall be taxed by the clerk, allowed by said justice, and collected by execution issued by the clerk, returnable to the next term of said court in said county.
Sec. 13. Said court shall consist of one chief justice and three associate justices, and they or any two of them shall be a court; but no justice of said court shall be a member of the general assembly.
Sec. 14. The justices of said court, before they execute any of the duties of their office, shall take the following oath :
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. 15. Said court shall instruct the grand juries in the law relating to crimes and offences cognizable by said court, by giving them publicly in charge the opinion of the court thereon; and shall also instruct the petit jury in the law that may be applicable to each cause by them tried, by giving them publicly in charge, before they retire to consider of their verdict, the opinion of the court upon the law; and may sum up the evidence in each cause for the instruction of the jury, whenever they shall deem it advisable so to do.
Sec. 16. It shall be the duty of some one of the justices of said court to examine the state of the clerk's offices thereof, and to ascertain that the judgments have been regularly and seasonably recorded; and the justice making such examination shall annually report to the general assembly at May session, whether the said judgments have been regularly and seasonably recorded as aforesaid.
Sec. 17. The salary of the chief justice of said court shall be six hundred and fifty dollars per annum, and of each of the associate justices, five hundred and fifty dollars per annum ; to be paid quarterly by the general treasurer; and all entries paid in said court shall be divided equally between them.
Sec. 18. There shall be annually appointed by the general assembly, one clerk for said court in each county, who shall constantly attend the sitting of such court, in the county for which he shall be chosen, and furnish stationery for the same, to be allowed by said court; shall keep the seal of said court, make fair entries and records of the decrees, judgments and proceedings therein, and do and perform all other things which by law or by the rules of the said court shall appertain to his said office. Each of the said clerks shall also give bond to the general treasurer, with sufficient sureties to be approved of by him, in the sum of three thousand dollars, faithfully to discharge the duties of his office according to law, and seasonably to record the decrees, judgments and determinations of the said court, within the county for which he is clerk.
In case of the death, absence or inability of any clerk of said court to discharge the duties of his office, or in case the clerk appointed declines serving, it shall be lawful for the chief justice of said court, or in case of his absence from the state, or inability to discharge the duties of his office, it shall be lawful for either of the associate justices of said court, to appoint a clerk thereof, who shall hold his office until the clerk shall have returned, the inability be removed, or until another shall be appointed by the general assembly. And any clerk of said court, before he enters upon the execution of his office, shall take the following oath, viz: I being appointed clerk of the supreme court within and for the county of 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 truly and faithfully enter and record all the orders, decrees, judgments and proceedings of said court; and that I will faithfully and impartially discharge all the duties of my said office, according to the best of my abilities and understanding: so help me God; or, this affirmation I make and give upon peril of the penalty of perjury.
Sec. 19. A reporter of the decisions of the supreme court shall be appointed by the general assembly, and shall be removable at pleasure.
Sec. 20. He shall be sworn before said court or a justice thereof, to the faithful discharge of the duties of his office.
Sec. 21. He shall make true reports of the decisions of the supreme court, on all legal questions that shall be argued by counsel, and publish the same annually.
Sec. 22. The court shall, when requested by the reporter, communicate to him in writing a statement of their decision or opinion in any case.
Sec. 23. The reporter shall receive an annual salary of one hundred dollars and in that proportion; to be paid to him by the general treasurer, on his order, at the expiration of each year of service, or at the time of his removal, together with all profits arising from the publication of the reports.
Sec. 24. The reports shall be entitled “Rhode Island Reports,” and the state shall annually purchase of the reporter, one hundred and twenty-five copies for distribution, at the market price.
An Act establishing Courts of Common Pleas.
! SECTION 1. Court of common pleas, to be estab- 14. Writs to be served twenty days before lished in each county.
court, declarations to be filed twelve 2. Jurisdiction of court of common pleas days and pleas and answers six days
extends over all civil actions of twen. before court. Defendant may answer ty dollars value, and others commenc- on first or second day, on cause shown.
ed by attachment of real estate. 15. Appeal granted to supreme court in 3. Jurisdiction of court of common pleas same county. Appellant to give bond
to grant new trials in cases decided to prosecute.
therein, on appeal from justices' court. 16. Special courts of common pleas to be 4. Criminal jurisdiction of court of com- holden by any justice of the supreme
mon pleas embraces all crimes not court and one or both of the associate capital or punished by imprisonment justices of the court of common pleas
for life or for a term of seven years. of the county ; judgments rendered 5. Two justices of the court of common therein to be final.
pleas to be elected annually by general 17. Jurisdiction of special courts of com-
six days, declaration to be filed five 6. Oath of justices of court of common days and answers four days before pleas.
court. Execution to issue immediately 7. Courts of common pleas to be holden and to be returnable in fourteen days.
by one justice of the supreme court as 19. If no answer be filed, any justice of chief justice, and the associate justi- the supreme court or any justice of the ces of the court of common pleas in court of common pleas of the county each county.
may enter up judgment, and may 8. The chief justice of the court of com- adjourn cases where answers are filed. mon pleas to charge juries.
20. Issue in fact being joined in any spe. 9. A clerk of each court of common pleas cial court case, clerk to notify justi
to be appointed annually by the gen- ces, and to issue venire to sheriff or
of any person affected by any turnpike 10. Compensation of justices of supreme or rail road, and notify adverse party.
court for holding courts of common Such courts to have the same power pleas.
as courts of common pleas, at their 11. Compensation of the associate justices regular terms. of court of common pleas.
22. In case of appeal from report of com12. Court of common pleas authorized to missioners appointed to assess dama
administer oaths,punish for contempts, ges done by laying out turnpikes and make rules regulating practice, and is. rail roads, the amount so reported shall
sue all necessary writs and processes. be brought into court. 13. Duty of one of the associate justices 23. No gate to be set up on any turnpike,
to examine the clerk's office, and re- nor car to be run on any rail road, port the state thereof to the general until after all damages are paid. assembly, at May session.
It is enacted by the General Assembly, as follows:
SECTION 1. There shall be a court of common pleas in each county, to be holden as by law appointed.
Sec. 2. Said court shall have cognizance of all civil actions between party and party, which shall be commenced by attachment of real estate, or which shall be of twenty dollars value or upwards, arising or happening within the county, of what kind or nature soever, which shall be legally brought before them ; with power to give judgment therein, and award execution thereon.
Sec. 3. Whenever it shall be made to appear to the sat