Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1843-07-06
STATE or RilOfAE ISLAND AND PROV
iDENCE PLANTATIONS.
In General Assembly, Jrnc Session, A. d
1913.

In General Assembly, June Session, a. d.
ls43
IN ACT ~ relation 10 the SupreMc Court
aud The Courts of Common Pleas, and for
other purposes.
IS enacied by The Cnerai assembly as
/ IoAoWS:
Section !. There shall be added TO the su.
prcme court one associate nslIcr, aud sand
cont shall hereafter consist o. one cllrt lns-
ilce and three associate Justices; and they,
or any two nf them, shall be- u court, with all
The powers, jurisdiction, and authority where
with The suprcm" court ~, or may be, lhvcS.
ted and the said Justices of SAID court shall
be-, by virtue of their Office, scvrrally, conscr
vaiorS Of The peace throughput the State.
and they, or either of them, shall have and
Icxcrclsc all the several powers which by law
bcl"rg to ihe chic: justice and associate jus.
tees of the suprcm" court, or either of them,
by virtue of their office.
II Sec :. II shall be the duty of said court 10
instruct the grand jurIrS ~ the law relating
Ia crimes and pnnIshm' MS cognizable by
SAID court, 10y giving the same publicly ~
charge To them and 10 instruct the petlt in.
Sles IN ibc law thai they be- applicable to
each cause by them tried, by giving the SAID
JurIcs publicly IN charge before they retire
10 consider their verdict, The opinion of the
court upon the law aud 10 sum up the evl-
dcnce m each cause for the instruction of the
jury whenever the court may deem II nIvisca.
bic so To do. In full compensation for their
services as Justices OF the supreme court, the
chief justice shall be paid by the General
\ Treasurer six hundred and fiiy dollars per
81 nd A.
drrd and fifty dollars per nnnum each, iD
'qnal quarterly payments, and The entries on
petitions for the benefit of The act in reliei
of lnsolvcnt debtors, SHALL az heretofore, be
divided equally between them,
Sec. 3 The courts of common pleas of the
several counties of this State, whether g"ner-
al or special. sha!l be held by any one of the
justices oi the supreme court as chef Justice,
To be assisted by Two associate Justices for
and resident IN each county, To be annually
appointed by the General Assembly aud
when so held by them, or by the presiding
justice with either Of the associate Justices,
shall have and exercise all the powers and
| jurisdiction that is, or may be cummIlicd 10
said courts, or to either Of the Justices there
Of. The Justices of the supreme court, or
n majority Of them, shall from time To time.
ut some one OF them at the several tunes and
places appointed for holding of the courts OF
common pleas in The several counties, and
for holding special courts of common pleas,
as will be most convenient TO themselves,
agd will insure prompt discharge Of their
duties. And the attendance of one Of the
justices Of the supreme court or the court of
common pleas shall be indispensable to the
n mr. Ri m
any cause therein. In any action comm"nc-
ed at a special court OF common pleas where
m no answer shall be fled, any Justice OF The
supreme court Of the court Of common pleas
for the county where such action may be
commenced, mny rc nder Judgment and award
execution. A II wriis issued frap either of
The courts Of common pleas in this State,
whether original or judicial shall bear teste
OF The chief Justice of the supreme court.
unless he be party 10 the suit, IN Which
case said wri,s shall bear ,cstc of either Of
the associate isticeS Of said court. The
presiding Justice uf the court Of common
pleas shall instruct the grand and petit l'Irlrs
altehLlng IN said courts OF common pleas,
and sum up the evidence TO the petit lurles rs
is hereinbefore required of the supreme court.
In compensation for their services IN hold.
ing The courts Of cOrYtnon pleas rs aforesaid.
The chief justice and associate Justices of the
supreme court shall have aud receive, equally
10 sc DIVIDED between them all the fees aud
"at"cs now received and enjoyed Ey tho sew
"raI courts ot common pleas Of ths State,
after d"dnctlng thereirom the compensation
ui the associate justices Of The Common pleas.
TO be paid as hereinafter provided, and either
'nf SAID justices shall, when performing the
duties either of the chief Justice or of one OF
the justices Of the courts of common pleas
receive the salne fees now by law gwen to /
SAID chief or other justice of said Courts
The associate Justices Of the court of com.
mon pleas shall be paid AT the end of each .
term by the clerk, four dollars per dIrm tor l
each days actual attendance therein, on their
own certificates, but Of the entries at SAID !
term, if sufficient therefor.
Sec. 4. In the trIOl ot appeals bclUre the L
supreme court, the justice thereof who gave
judgment III the court OF common pleas, shall \
take no part whatever.
Sec. >. The act emitted "an act IN relation .
to the supreme Judicial court for the county
OF Providence" passed at the January Ses.
SION, A. ID. lt4l, aud the several acts IN adj
dlton 10 or IN amendment of tie same, and all
acts and parts Of acts whatsoever, IN SO far
as the same are Inconsistent herewith are
hereby repealed.
Sec. 6. The several acts Of The General
Assembly in force at the time of the adoption
OF the constitution Of this State, and which
relate to The constitution and organlza,inn Of
The courts OF common pleas, or which IN any
way affect the terms, jurisdiction, sessions, l
or powers thereof or of the Justices thereof,
OF which prescribe, regulate, or relate to the .
same, or TO the duties, officers or process
thereof, or any matter or thing connected
there with, 80 tar as the same are not incon
sstent with this act, are continued in force |
and are hereby declared equally to apply to
and affect the courts Of comnon pleas here. /
IN mentioned.