Liquor law. (Continued.)

Penalty for sale, etc., to minor.

Of notice not to sell, etc., to

ards.

the same action by the party injured as the person intoxicated would be liable to; and the party injured, or his legal representative, may bring either a joint action. against the person intoxicated and the person who furnished the liquor, or a separate action against either.

SEC. 49. Whoever, by himself or his agent or servant, shall sell intoxicating liquor to any minor, except as herein provided, or allows a minor to loiter upon the premises where illegal sales are made, shall forfeit one hundred dollars for each offence, to be recovered by the parent or guardian of such minor in an action of debt.

SEC. 50. The husband, wife, parent, child, guardian habitual drunk or employer of any person who has or may hereafter have the habit of drinking intoxicating liquor to excess, may give notice to any person requesting him not to sell or deliver intoxicating liquor to the person having such habit. If the person so notified at any time within twelve months thereafter sells or delivers any such liquor to the person having such habit, or permits such person to loiter on his premises, the person giving the notice may, in an action of trespass on the case, recover of the person notified such sum as may be assessed as damages: Provided, the employer giving said notice shall be injured in his person, business or property. A married woman may bring such action in her own name, and all damages recovered by her shall enure to her separate use. In case of the death of either party the action and right of action shall survive to or against his executor or administrator.

Of damages.

Action by married woman.

Action to survive.

Payments for

liquor unlaw.

to be held.

SEC. 51. All payments or compensation for liquor fully sold, how sold in violation of law, whether in money, labor or personal property, shall be held and considered, as between the parties to such sale, to have been received in violation of law, without consideration and against equity and good conscience.

Actions not maintainable, when.

Acts repealed.

SEC. 52. No action of any kind shall be had or maintained in any court in this state for the possession and value of any liquors held, purchased or sold contrary to the provisions of this act.

SEC. 53. Chapter 87 of the Public Statutes, and chapters 326, 343, 347, 378, 387, 394, 492, and 482 of the Public Laws, and all acts and parts of acts inconsistent herewith are hereby repealed, and for the purpose of electing a chief of the state police this act shall

Liquor law.

ceedings, etc., not hereby af fected, etc.

take effect upon its passage, but for all other purposes (Continued.) this act shall take effect the first day of July, A. D. 1886 Provided that no offence committed, and no penalty or forfeiture incurred under any of the acts or parts of acts hereby repealed before the time when such Pending prorepeal shall take effect, shall be affected by the repeal, but every such offence so committed may be thereafter prosecuted, and actions and proceedings for the recovery of any such penalty or forfeiture may be thereafter commenced, and all such acts and parts of acts shall be deemed to be in force for the purpose of prosecuting the same to final judgment and execution or sentence, as the case may be.

CHAPTER 597.

OF DISTRICT COURTS AND THEIR CIVIL JURISDICTION.

It is enacted by the General Assembly as follows:

Passed May 27, 1886.

Judicial dis

lished.

SECTION 1. The state shall be divided into judicial tricts estab districts as follows: The county of Newport shall constitute the first judicial district; the towns of South First. Kingstown, North Kingstown and Exeter shall constitute the second judicial district; the towns of Westerly, Second. Hopkinton, Charlestown and Richmond shall constitute the third judicial district; the county of Kent shall Third. constitute the fourth judicial district; the county of Fourth. Bristol shall constitute the fifth judicial district; the Fifth. city of Providence and the town of North Providence shall constitute the sixth judicial district; the town of Sixth. East Providence shall constitute the seventh judicial Seventh. district; the towns of Cranston, Johnston, Scituate and Foster shall constitute the eighth judicial district; the Eighth. towns of Burrillville, Glocester and Smithfield shall constitute the ninth judicial district; the city of Paw- Ninth. tucket shall constitute the tenth judicial district; the Tenth. towns of Lincoln and Cumberland shall constitute the

eleventh judicial district; and the towns of Woonsocket Eleventh. and North Smithfield shall constitute the twelfth judi- Twelfth. cial district.

District courts, civil jurisdic

tion.

SEC. 2. A court shall be established in each judicial district, and shall be known as the district court of the District courts district in which it is established.

(Continued.)

established. Justices, how elected, and

term of office.

Clerks of what district courts,

term of office.

SEC. 3. Such court shall be held by a justice who shall be elected by the general assembly in grand committee at its May session, and who shall hold his office for the term of three years, unless sooner removed by the election and qualification of some other person to fill his place.

SEC. 4. The general assembly in grand committee bow elected and at its May session shall elect a clerk for the district courts of the first, fourth, sixth, tenth, eleventh and twelfth judicial districts respectively, which clerk shall hold his office for the term of three years, unless sooner removed by the election and qualification of some other person to fill his place.

Justices and clerks to give bond.

Bond of clerk

of sixth district.

Justices, clerks, etc., to take engagement and file written acceptance.

SEC. 5. Every clerk of a district court, and every justice of such court whereof no clerk shall have been elected, shall before entering upon the duties of his of fice give bond to the general treasurer, with surety satisfactory to him, in a sum not exceeding three thousand dollars, nor less than one thousand dollars, to be determined by the state auditor, provided, however, that the clerk of the sixth judicial district shall give such bond in the sum of five thousand dollars, with condition faithfully to perform the duties of his office according to law, to record seasonably the judgments and determinations of such court, and to account with the state auditor, and to pay over to the general treasurer, as often as by law required, all fines, costs and other moneys received by him, and by any assistant justice appointed by such justice, and also to account with and pay over to the town treasurers of the towns in the judicial district, as often as by law required, all fines and other moneys received by him and by any assistant justice appointed by such justice, belonging to or payable to

such town.

Sec. 6. Every justice, assistant justice and clerk accepting such office, shall within thirty days after his election or appointment take the engagement provided in section 4 of chapter 23 of the Public Statutes, and shall file a written notice of his acceptance, together with proof of his engagement upon his commission with the secretary of state.

civil jurisdiction.

filled.

SEC. 7. Whenever any person elected to the office District courts, of justice or clerk of a district court shall decline to (Continued.) accept the same, or shall neglect or refuse to give bond Vacancies, how or file a notice of his acceptance or to take his engagement within the time herein before provided, the general assembly, if in session, in grand committee, shall proceed to elect a justice or clerk for the term of the person declining, neglecting or refusing to qualify as hereinbefore provided; and if the general assembly be not in session, the governor shall appoint a justice or clerk to serve until some person elected by the general assembly in grand committee shall be qualified to act. SEC. 8. Whenever from any cause a vacancy shall Vacancy for unoccur in the office of justice or of clerk of a district how filled. court, the general assembly, if in session, in grand committee, shall elect a justice or clerk for the unexpired term of such justice or clerk; and if the general assembly be not in session, the governor shall appoint a justice or clerk to serve until some person elected by the general assembly in grand committee, for such unexpired term, shall be qualified to act.

SEC. 9. Whenever a justice or clerk of a district court shall neglect or be unable to serve, or shall become disqualified to serve, and such neglect, inability or disqualification shall continue for the period of sixty days, the office of such justice or clerk may by the governor be declared vacant.

SEC. 10. Whenever a justice of a district court shall be absent from the district or unable to serve, his duties shall be performed by the clerk of such court, if any there be, who shall constitute such court, and the fact of such absence shall be recorded in the records of such court. If the clerk of any district court shall be absent or unable to serve, his duties shall be performed by the justice thereof.

expired term,

When office may vacant.

be declared

When duties of

justice to be

performed by

When duties of formed by

clerk to be perjustice.

Assistant jus. pointed.

tices, how ap.

SEC. 11. Every justice of a district court having no clerk may, from time to time, with power to revoke such appointment, appoint from among the justices of the peace in the district for which such court is established, an assistant justice, and whenever such justice shall be absent or unable to serve, his duties shall be performed by such assistant justice, who shall receive from the justice of such district as compensation the Compensation. sum of three dollars for each and every day he shall as

District courts, such assistant hold court.

civil jurisdic

tion.

(Continued.)

Appointments

and revocation, how recorded and certified.

Warrant to assistant.

In case of ab. sence, etc., pending busi

ness to be continued, etc.

When business may come before adjoining district court.

Seal of district court.

Seal, how kept,

etc.

When justice, etc., a party, action to be

brought where.

Docket, etc., of actions, etc.

Such appointment and revocation shall be recorded in the records of such court and certified by the justice to the secretary of state, and such justice shall also issue to such assistant justice his warrant, by which such assistant justice. shall be authorized to perform the duties herein specified, and shall also, whenever he shall revoke such appointment, notify such assistant justice in writing of such revocation.

SEC. 12. In case of the absence or inability of the justice of any district court having no clerk and of the assistant justice of such court, if any shall have been appointed, or of both justice and clerk of any such court having a clerk, all business pending before it shall be deemed to be continued, and shall be in order on the day when said court shall next meet according to law.

SEC. 13. Whenever for any cause, any district shall be without a justice, any and all business within said district of which a district court has jurisdiction, may be begun before and performed by the district court of any adjoining district.

SEC. 14. The district court of every district shall have a seal, which shall have engraved thereon the words "District Court of," followed by the name of such district.

SEC. 15. Such seal shall be kept by the clerk of such court, or, if there be no clerk, by the justice thereof, and all writs issued by such court shall bear the impress of such seal.

SEC. 16. Whenever any justice or assistant justice. shall be a party to any action or proceeding, civil or criminal, or be interested in the event thereof, such action or proceeding, if within the jurisdiction of a district court, shall, if brought before a district court, be brought before and heard by a district court in an adjoining district.

SEC. 17. The clerk, or, if there be no clerk, the justice of every district court, shall keep a docket, and an alphabetical index thereof, of all actions, complaints or proceedings, either of a civil or criminal nature, that may be entered or had in such court, and shall note in such docket against each case the judgment therein, or the determination thereof, and in all criminal cases the