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isfaction of any court of common pleas, by any party in any suit brought into said court by appeal from a justices' court, and which shall have been tried and decided in said court 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 shall thereupon 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 the said court shall prescribe; and if the application for such trial or new trial 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; but if such application shall be made at any other term of said court, notice thereof shall be given to the adverse party in such manner as the court shall, by general rule, or otherwise, direct: provided however, that if the application for a new trial shall be made by the plaintiff, no goods or chattels 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 of said court in which such cause shall have been decided.
Sec. 4. Said courts shall have cognizance of all crimes, offences and misdemeanors, done or committed within their respective counties, the punishment whereof may not be capital, or imprisonment for life, or for a term of seven years or upwards ; excepting such only as shall be declared to be within the exclusive jurisdiction of some other court or tribunal ;
all persons convicted before them of any such crime, offence or misdemeanor, to inflict such punishment as is or shall be prescribed.
Sec. 5. The general assembly annually, in grand committee, shall elect two justices of the court of common pleas in each county, who shall be resident in such county; to hold their offices until the first Tuesday in May next succeeding their elections. No justice of any court of common pleas shall be a member of the general assembly.
Sec. 6. Before said justices shall execute any of the duties of their office, they shall severally 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; 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 one of the associate justices of the court of common pleas for the county of ing 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. 7. Some one of the justices of the supreme court, to be designated by such justices or a major part of them, as chief justice, assisted by one or both of said associate justices of the court of common pleas, shall hold courts of common pleas in each county, at such times and places as are or shall be by law appointed.
Sec. 8. The chief justice shall instruct the grand and petit juries attending in said courts in the law; and may sum up the evidence to the petit juries whenever the court may deem it advisable so to do.
Sec. 9. There shall be, annually, appointed by the general assembly, in grand committee, one clerk for each court of common pleas, to hold his office until the first Tuesday in May next succeeding his election ; who shall constantly attend the sitting of the court of which he is clerk, 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 all the judgments and proceedings therein, and do and perform whatever else shall come within his office and duty ; and every clerk of said court shall also give bond with sufficient sureties to the general treasurer, 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 for which he is clerk; and in case of the death, absence or inability of the clerk of either of said courts to discharge the duties of his office, or in case the clerk appointed refuses to serve, it shall be the duty of the justices of said court to appoint a clerk therefor, who shall hold his office until the clerk shall return, or the inability be removed, or until another shall be appointed by the general assembly ; and every clerk, before he enters upon the execution of his office, shall take the following oath, viz: I being appointed clerk of the court of common pleas 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 the 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. 10. The chief and associate justices of the supreme court, in full for their services in holding courts of common pleas, shall receive all the fees and entries heretofore received by the several courts of common pleas, after deducting therefrom the compensation of the associate justices of the court of common pleas, as is herein after provided.
Sec. 11. The associate justices of the court of common pleas shall each receive four dollars per day for each day's actual attendance therein ; to be paid them at the end of each term, by the clerk of the court, out of the entries received by him at each term, if sufficient therefor.
Sec. 12. Said courts are severally empowered to administer all necessary oaths and affirmations ; to punish, by fine and imprisonment, all contempts of authority in any cause in hearing before them, to make rules and orders for said court, directing the returning of writs and processes, the filing of pleadings, the entering and making up of judgments, and other matters, in vacation or otherwise, in a manner not repugnant to law; to regulate the practice before said courts, as shall be fit and necessary, for the advancement of justice, and especially to prevent delay in proceedings; to do all such other acts, and to issue such writs and processes, as may be necessary or proper to carry into full effect all the powers which are or may be given them by the laws of this state.
Sec. 13. It shall be the duty of one of the associate justices of said court in each county, to examine the state of the clerk's office thereof, and to ascertain that the judgments rendered by said court 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 recorded as aforesaid.
Sec. 14. All writs and processes for bringing any civil cause or suit to a trial in any court of common pleas, other than a special court of common pleas, as is herein after provided, shall be returnable to the term of said court which will commence next after twenty days or more from the date thereof; and shall be served twenty days before the return day thereof, except in those cases in which special provision shall be made to the contrary. The plaintiff shall declare thereon and file his declaration in the clerk's office of said court, twelve days before the sitting thereof; and the defendant shall file his plea or answer six days before the sitting thereof with the clerk,
or else judgment shall pass against the defendant, as upon a default : provided always, that the court, on cause shown, may, on the first or second day of the term, permit the defendant to file his plea or answer in court, on such terms and conditions as the court may prescribe.
Sec. 15. Any party aggrieved by the judgment of the court of common pleas in any county, at any term thereof, may appeal to the supreme court at the term thereof next to be holden in the same county, after the expiration of five days from the rising of said court of common pleas at said term ; where both parties shall have the benefit of any new and further evidence; provided the appellant shall give bond in the clerk's office of the court appealed from, in the sum of one hundred dollars, within five days after the rising of said court, to prosecute such appeal with effect, and in default thereof to
Sec. 16. Any justice of the supreme court, as chief justice, assisted by one or both of the associate justices of the court of common pleas in their respective counties, are authorized and empowered to hold special courts of common pleas for the hearing and trying of all such causes as by law are or shall be cognizable before such special courts, to give final judgment in such causes and award execution.
Sec. 17. Such special courts shall have cognizance, concurrent with the ordinary courts of common pleas, of all actions brought before them by auctioneers or others lawfully authorized to sell at auction, for moneys due on sales of real or personal estate sold at auction, if of twenty dollars value or upwards ; of all actions commenced by the owners of real or personal estate sold at auction, against the auctioneer or other person authorized to sell as aforesaid, for moneys due from them on such sales; of all actions commenced against the directors of lotteries, granted by the general assembly of this state, for the amount of any prize tickets; of all actions brought against tenants, for possession of the tenements or estates let, who hold over the term for which such tenements or estates are let, whether the same be let by writing or parol; of all actions commenced by the general treasurer, or by any town treasurer against any collector of taxes and his sureties, for such collector's neglect of his official duty; and also of all actions brought against any sheriff, deputy sheriff, town sergeant or constable, for neglect of making due return of any execution, for neglecting to pay over to the creditor or his attorney, the contents of any execution by him received, when demanded, or which shall be returned satisfied or unsatisfied, without orders from the creditor or his attorney so to do, unless the body was committed, or bail taken, or property attached on the original writ; of all actions commenced by any sheriff
, against either of his deputies or their sureties for any neglect of duty in relation to any execution, for which the sheriff is answerable or liable to be sued at a special court; but the same rules shall be observed in suits brought to special courts, in respect to the county in which the same shall be commenced, as by law are prescribed in relation to the commencement of transitory actions to the courts of common pleas.
Sec. 18. A writ to bring any cause to trial before any such special court shall be served six days before the sitting of such court; the declaration shall be filed five days, and the answer or plea four days previous to said time. Executions on judgments of such court shall be issuable immediately after the rendition of the judgments, and shall be returnable to the office of the clerk of the court within fourteen days from their being issued.
Sec. 19. If no plea or answer be filed in any such action, any justice of the supreme court, or either of the associate justices of the court of common pleas within the county where such action is commenced, may enter up judgment and award execution in the same; and in case of plea or answer filed, he may adjourn the court to any future time.
Šec. 20. If issue in fact shall be joined in any action commenced to a special court of common pleas, the clerk of such court shall immediately thereupon issue a writ of venire facias, directed to the sheriff or his deputy, or in case of the sheriff being a party, to some town sergeant in the county, requiring him to summon twelve jurors, being good and lawful men of the county, to try such issue; and if there shall not be a sufficient number of jurors attending, in pursuance of such writ of venire facias, the court shall thereupon direct the issuing of other writs of venire facias to complete a jury. In such case, and in case issue in law shall be joined, in any special court action, and in case of any application for a special court pursuant to the twenty-first section of this act, the clerk shall issue a notification to some one justice of the supreme court and to the associate justices of the court of common pleas in the same county, of the fact, and of the day upon which the said special court is appointed ; which shall be served by some sworn officer or indifferent person, and returned to said special court.
Sec. 21. Upon the application of any turnpike or rail road company, or of any person whose interest may be affec