The Providence news. (Providence [R.I.]) 1891-1906, 1896-07-17
CHAPTER EI.
CHAPTER El.
AN ACT In Amendment of an Act Entitled


CHAPTER sTl.
AN ACT In Amendment of an Act Entitled
"An Act 10 Revise Consolidate and Amend
the Act Entitled AN Act 20 Incorporate tho
City of Providence and the Several Acts In
Addition Thereto and In Amendment Thore'
Of" Passed ut the January Session, a. ID.
1865, and Of Certain Acts In Amendment
PASSED May 10. 1907
II Is enacted by the General Assembly as fol.
lows:
SECTION I. Section XI of Chapter sos. on
titled IAN act TO revise, consolidate and
anepd the act entitled AN act to incorporate
tho city Of Providence and the several acts
I'm addition thereto and in amendment there
OF, passed at the January session, a. ID. 1866.
is hereby amended SO as TO read as follows:
'sECTIoN XII.
"Clause !. The municipal court shall be the
court of probate for the city of Providence; 10
shall be holden by one judge, TO be appointed
by the city council. who shall hold regular
terms at such times and in such place in said
city as may be appointed by ordinance OF the
city council. and may adjourn his court from
time to time; and in case Of his sickness or
absence the clerk of said court who shall also
be appointed by said city council. may ad-
journ the same TO such time as may DC neces'
sary on that account.
"Clause g All fees allowed by law in said
court shall be taxed and collected by the clerk
thereof, and shall be paid over by him 10 tho
city treasurer. accompanied by n sworn state.
mrut thereof IN accordance with the provisions
Of said Chapter 508 or any amendment thereof.
"Clause 3. IL shall be lawful for said Judge
30 to vary the forms OF all writs or other proc
ess as to make the same consistent with the
organization, style and jurisdiction of said
court: and such writs and process shall have
the same effect, validity and extent, and be
served, obeycd, enforced and returned in the
al
the writs and process from the common pleas
division of the supreme court and from pro-
bate courts: and they may also be served by
any constables of said CITY who are authorized
TO serve civil process.
"Clause4. The said Judge shall cause records
of the proceedings. judgments, orders and de-
crees of said court to be kept by the clerk
thereof.
"Clause 5. If said judge shall be personally
Interested or related within the ninth degree
TO party in any cause in said court, and IL
any party in such cause shall object to him on
that account, the mayor and aldermen shall
appoint one of the aldermen to constitute said
court and act as municipal judge in that cause,
who shall have the Same power as the munic'
ipal Judge. In case the clerk Of said court
shall be party In any writ or process thore
In, such writ or process shall DO signed by
the Judge thereof.
''Clause o. In case OF tho sickness, absence
said Judge. excepting only inability resulting
from the causes specifically mentioned in the
preceding clause. the mayor may appoint some
person to DO styled "acting Judge of the mu-
picpal court" who may perform the duties
OF said judge during the sickness, absence or
other inability Of said Judge, aforesaid. un
less removed from office as hereinafter provid-
ed and the acts of said acting Judge in the
performance of said duties shall have the sanA
effect as If performed by said Judge Of the
municipal court. Said acting judge shall re.
coivo a commission and shall qualify thereun.
der as provided for other officers of said city,
as may Mt any time be removed from office by
the mayor"
SEC 2. Section XII OF said Chapter sos 10
hereby amended so as TO read as follows:
"SECTIoN XII.
"Clauso /. The police court shall consist OF
so many of tho justices of the peace of said
city. rot exceeding three. as shall be annually
elected by concurrent vote of tho city council.
oftener in case Of vacancy; and all the iuris-
diction, power and authority Of said court
shall bc vested in any one Justice thereof,
"Clause 2. Said court sh all be considered 10
be IN session at all times, and at such place OF
places in said city ns tho said court or the JUS
tico holding tho shall appoint.
"Clause 3. Said court shall have original
jurisdiction OF all offences against the acts ON.
titled An act TO authorize the city of Provi.
denco to establish a house of correction, and
for other purposes, and all acts In amendment
thereof, and of all offences against tho ordi.
nances, bylaws, rules and regulations of the
froomen OF tho town of Providence, Of the
town council of said town. of the city council
Of said city. and of tho board of aldermen OF
said city, where the fine, penalty, pecuniary
forfeiture, forfeiture of personal property.
punishment or Imprisonment for any one of.
fence shall not exceed two hundred dollars
and six months imprisonment, or two hundred
N IA N In u1l
in said court shall be commenced by complaint
and warrant; and all said fines, penalties DC.
cuniary forfeitures, forfciturcs Of personal
property, punishmcnts and imprisonments
may lie prosecuted for. recovered and imposed
on complaint and warrant before said court !
and on appeal ther,from bufore any proper |
court In any appellate proceedings.
"Clauso 4. Said court shall keep n regular |
docket OF oil cases therein, shall record its /
Judgments, orders and sentences, and fur |
nish certified copies thereof when requir |
cd, for which copies 10 shall receive the
same fees as arc by law allowed TO clerks Of
the common plcas division OF the supreme
court.
"Clauso 8. Said court shall have power to !
issue writs of summons for witnesses, and
compel their attondancc, and TO punish foi |
contempt by fine not exceeding twenty dol |
lars or by Imprisonment not exceeding ton |
days. Said court may also issue writs OF ha. |
Ieas corpus nd tostiiicandun. and may com !
NIT 10 the Providence county Jail, house OF
correction, or state reform school. and. upon |
continuance Of any complaint. or proceeding !
before IL. iaay-take recognizance- Ia ihe- state,
with surety or suretics In such sum as said |
court shall think proper with condition 70 APP |
pear before said court and make further an. |
swer 90 such complaint or proceeding, and in |
the meantime TO keep the peace: ana in want |
thereof may commit 90 tho Providcnco county |
jail or 90 the state reform school. until such |
rocognizance shall be givon or the parties be !
lawfully discharged thcrcfiom.
"Clause Q. 10 shall be lawful for any Justice |
OF Eaid court so &c pIescribc hnd vary the form |
OF all complaints. warrants. writs or other !
process. as 90 make the same consistent with /
th- organization, style and Jurisdiction " ssid