The Literary echo, and Pawcatuck advertiser. [volume] (Westerly, R.I.) 1851-1854, 1852-07-08
LAWS OF RHODE ISLAND.
State Of Rhode Island and


AN ACT in relation to the Supreme
Court and to the Courts of Common
Pleas.
II is enacted by the General .4ssembiy as
.foilo,cs:
SECTION 1. From and after the pass
age of this act, any one Justice OF the
Supreme Court shall be a quorum OF
said Court for all purposes and business
whatever, except for the trial OF petitions
for the benefit of the Insolvent act, pc
titions for Naturalization, petitions fox
Divorce and separate maintenance, pc
titions for New Trials, petitions aud Bills
in Equity, demurrers, motions in arrest
of Judgement, and of Indictments for
any crime which may be punished ly
Imprisonment for lifo, or for less term
than seven years.
SEC. 2. Some one of the Justices of
the Supreme Court to DO from time to
time designated by said Justices or the
major part of them, shall hold courts Of
Common Pleas at such times and places
as are or shall be by law appointed.
Sec. 3 The Supreme Court and the
Court Of Common Pleas shall be Deem
cd to have concurrent cognizence and
jurisdiction within the meaning of the
one hundred and forty-second section of
the act entitled can act concerning
crimes and punishments''; aud the for
ticth section of the act entitled "an act
prescribing the manner of proceedings in
courts" over all offences and crimes
whatsoever and whenever grand jury
shall be empannelled by either of said
courts in any county, they shall be en-
powered, required and charged, diligent-
ly to inquire and true prcsentment make
of all crimes and offences which are or
shall be cognizable by either of said
courts within the county in which said
court is in session.
Sec. 4. Said courts respectively arc
empowered to arraign all persons pre-
sented by grand jury, and to require
them to plead to the indictments against
them, if in custody or if taken while the
court is in session. And if not in Gus
tody or taken as aforesaid, to issue writs
of capias on such indictments, returned
to the next term of that court in the
same county which has jurisdiction to
try the same.
SEC. 5 Whenever before the Supreme
Court holden by single justice or be-
fore any court of Common Pleas, upon
such arraignment, the defendant in such
indictment shall plead guilty thereto or
refuse to contend with the State, then
and in such case, such defendant may be
sentenced by said Court, whatsoever his
offence may be, in the same manner and
with the same effect as though said court
had full power to try said defendant on
said indictment. But when such de-
fendant shall plead not guilty, or any
plea other than not guilty, or his refusal
to contend with the State, then the said
Court shall proceed and try such defend
ant; if the offence with which he is
charged be within the jurisdiction of said
Court, and sentence him if found guilty,
and discharge him if not found guilty.
But if the offence charged be not within
the jurisdiction of the said Court, then
and in that case, said Court shall cause
said indictment with all the papers and
documents connected Herewith to be
certifi ID and sent to the Court having
jurisdiction to try and determine the
same, which Court shall proceed to try
the same and sentence or discharge the
defendant in the same manner and with
the same effect as though said indictment
had been found in said Court.
Sec. The holding of the sessions
of the Supreme Court by single justice
for the business and purposes and ac-
cording to the provisions of the first Sec
ton of this act shall not preclude the
other justices of said court or any two of
them from holding session of said Court
at the same time in the same or in some
other county for the business and pur-
poses not within the power or jurisdic-
ton Of said Court holden by single
justice, nor shall the empowering of a
single justice to hold the Supreme Court
as in said section specified, be deemed
to preclude the other Justices of said
Court or any Of them from setting with
said single justice and with him execut-
ing the powers thereby conferred on
him.
SEC. 7. Whenever single justice Of
the Supreme Court and the other JUS
.tices of said Court are holding separate
sessions at the same time in the same
county, the Clerk of said Court within
and for said county, by and with the ad-