Herald of the times, and Rhode Islander. [volume] (Newport, R.I.) 1846-1849, 1848-05-18
/, Khsie No. 93:.
Cams of 7. 1slan0.
STATE OF RHODE ISLAND AND.
PROVIDENCE pI pIANTATJONS

80 ''''t'ef D""e''otJs Is"J sSS"'s"ft, ApT''
AN ACT in amendment Of an act, entitled an
act establishing Courts of Common Pleas.
IL IS enacted byt the General assembly as Jollo,es:
Section /. Some one Of the associate JUS
tees of tie Supreme Court 10 be assigned by
the Justices Of said Court, or a major part Of
them, shall hold Courts Of Common Pleas in
each county, al such times and places as are,
or shall be, by law appointed; and the Justice
so assigned shall, during the period OF such as
signment, be exempted from all duty at the
sessions Of the Supreme Court. In case oftie
death, absence, or inability of the Judge so as
signed, either Of tie other associate Justices Of
The Supreme Couit agreed on by the Justiccs
thereof, or major part Of them, shall tempo
rarily perform his duties.
Sec. 2. All duties which may by law he.
performed, and all Courts which may be held,
by Justice of Court of Common Pleas, midi
all duties which may be performed and all
Courts which may be held by such Justice and
one of the Justices of the Supreme Court, may
he performed and held by any one Of the Jus.
tices Of the Supreme Court.
See. 3. Said Courts shall have exclusive
original coguizance, without appeal, Of sll
crimes and offences committed within their re-.
spectye counties, jurisdiction over which is
now by law confded to said Courts and is NOT
by law exclusively vested in The Supreme
Court and no appeal shall be taken or allow
ed from any judgment rendered in any civil ac-
ton in said Courts, not bringing into question
the title to real estate, unless The debt or dam
ages recovered thereby shall amount ioihc sum
Of one hundred dollars or upwards, saving how
ever to the Suprome Court, jurisdiction over
all indictments found, and over all appeals in.
civil and criminal eases, commenced or pend
- Ill 4. l..
over for trial al said Court, before this act goes
into etlnet said jurisdiction TO be exercised iIp
the same manner and TO the same extent in the
cases aforesaid, as If this act had not been
passed.
Sec. 4. Any person convicted Of an of-.
fence on Indictment foAnd, and either party Ia,
civil suit originally commenced, in any Conrt
of Common Pleas in which there shall be no.
appeal, as aforesaid, aggrie, cd by any opinion.
direction, or judgement, Of said Cour in any
matter OF law raised either by the pleadings or
an agreed statement Of facts, OF apparent on
the record, or brought upon the record by =.
summary bill of ofexccpiions in writing, present.
ed 10 and allowed and signed by the court, or
in case Of refusal to allow and sign, proved by
affidavit 10 the satisfaction of the Supreme
Court and filed with the clerk below during
the term al which the case was tried, may pro-
ceed in and enter said case in like manner and
with like effect in all respects as in appeals in
like case, at the next term Of the Supreme
Court for the county; and thcreupon said
Court shall try all questions of law in said case
raised or apparent as aforesaid. In case of
neglect TO enter such case in the Supreme
Court like proceedings shall be had in all re-
spccts by the adverse party as is now provided
by law in like cases.
Sec. 8. In all such cases entered in tho
Supreme Court, the Court may affirm the for
mer judgement with additional damages at tho
rate of six per cent. per annum, or may reverse
the same IN whole or part, or may, after dcci-
ding all the questions of law raised therein re-
nit the same To the Court of Common Pleas
for trial, or new trial. or may order new triad
TO be had in the Supreme Court, and may sn-
ter such judgment, order, sentence or decras,
and take such order therein as the Court of
Common Pleas ought TO have done, and shall
cause such other proceedings 10 be had in the
case as TO law and justice shall appertain.
Sec q. When il shall appear TO the SUI
preme Court that any frivolous or imma;erar
questions of law are brought before them in
any such causes for delay merely, they may
award against the party bringing up such qucs-
tions double costs from the time Of judgement
the rate of twelve per cent per aDnum on the
judgement, or any part Of such additional COSTS
and interest as shall appear to the Court juss
aud reasonable.
Sec. 7. Special Courts Of Common Pleas
may, in the absence of the Judge at the time
appointed for the same, be adjourned bv the
clerk TO any future time and in case no plea.
or answer be filed in an action brought al suctf
Court, and no appearance made by the defend
ant al the time appointed for the same for leavs
To file su,h answer or plea The clerk shall with
out the Intervention of Judge, enter up judg-
mcnt by default, and award execution in the
same. Issues OF fact joined in actions brought
at such Courts shall be tried by the Court il the
parties so agree ; in which case no rrni' IA
,ios shall issue for jury or if issued may be
countermanded,. OF, as the case may be, the
jury dismissed by the Court.
Sec. 3. The Chief and associate Justices of
the Supreme Couri in full for their services in
supplying and holding the Courts of Common
Pleas shall receive all the fees and cniri,
heretofore received by the several Courts cf
Common Pleas as they and the associate jus.
tees oi the Cour, Of Common Pleas have ~
late dCnc.
Sec. .. The fflh, sixth, seventh. tenth
and eleventh sections of the act to which this
Is an amendment, and ~ much o'' the other
sections thercui. and all other acts 9s - incou-
sistcnt herewith, are hereby repealed.
See. 10. This act shall go into operation
immediately after the passage thereof.
True copy-Wltncss,
HENRY BOWEN. Sec'ry.