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en years a citizen of the United States, and who shall not, when elected, be an inhabitant of the State for which he shall be chosen; and that the electors of such representatives shall have the qualifications requisite for electors of the most numerous branch of the state legislature:

Sec. 2. Be it therefore enacted by the General Assembly, Two repand by the authority thereof it is enacted, That there shall be resenta

tives to be elected by the people of this State, qualified to vote for chosen, representatives in the general assembly, two representa- &c. tives to represent them in the house of representatives of the congress of the United States; that the persons chosen representatives as aforesaid shall, at the time of election, be twenty-five years of age, and inhabitants of this State, and shall have been citizens of the United States for seven years; that the first election of said represen- When to tatives, after the passing of this act, shall be holden on be elected. the last Tuesday of August, A. D. 1823, and that all subsequent elections of representatives shall be holden every second year thereafter, on the last Tuesday of August; that the said elections shall be conducted in the same : manner, and under the like restrictions and regulations, how conas is provided by law in respect to the election of gener- ducted al officers or members of the senate in this State; that the votes given in to the moderators of the several townmeetings for representatives as aforesaid, shall be by them transmitted to the general assembly, at the session thereof to be holden on the last Monday of October next following; that the general assembly shall cause the votes so returned to be examined and counted, and the two candidates having the highest number of legal votes shall be declared to be duly elected, and shall be furnished Governor

h t : to furnish by the governor, or other officer exercising the duties of ce governor, with proper certificates of their election; pro- of election, vided, they shall respectively have a majority of the legal votes of the whole number of electors voting in such elec- tiny tion; but if neither candidate, or only one, shall have such majority, then the general assembly shall order a

election in new election, to be holden at such time as they shall case. deem most convenient; and the legal votes given in at such second election shall be returned to, examined and counted by the general assembly, or the governor, or other officer exercising the duties thereof, at such time as the general assembly directing such second election shall prescribe; and the votes given in at such second election shall be returned, examined and counted as last

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aforesaid ; and the candidate or candidates having a majority of the whole number of legal votes of all the electors given in at such second election, shall be declared duly elected, and shall receive a certificate or certifi

cates thereof accordingly. Third

"And if neither candidate, or only one, shall have a ma. election in jority as aforesaid, then a third election shall be had, at

such time as the governor, or other officer exercising the duties of governor, shall direct, in warrants to be issued by him, and sent to the several town-clerks for that purpose: that the day of election to be prescribed by the governor, or other officer exercising the duties of gov. ernor as aforesaid, shall be within twenty days next after the votes given in at the second election shall have been counted as aforementioned; that the said third election shall be conducted in like manner, under the like regulations and restrictions, and the votes at said third election shall be returned, examined and counted, as is prescrib

ed as abovesaid, in relation to the said second election: If no choice,

and if there shall not be a majority of votes as aforesaid other elec, in favor of either candidate, or but one only, when two tions until re are to be chosen, there shall be a fourth election, and so in

like manner, until two representatives shall be elected.

And whereas the congress of the United States have passed an act, entitled "an act relative to the election of a president and vice-president of the United States, declaring the officer who shall act as president and vicepresident,” and have therein directed, that the electors shall be appointed in each State, for the election of a president and vice-president of the United States, and that the said electors shall be equal to the number of senators and representatives to which the respective States may by law be entitled, at the time when the president and

vice-president thus to be chosen should come into office: Qualifica. Sec. 3. Be it therefore further enacted, That the people tion of vo- of this State, qualified by law to vote in the election of

representatives to the general assembly, shall choose so Qualifica- many electors, qualified as aforesaid, for the election of a tion of

president and vice-president of the United States, as the State is or may be entitled to, pursuant to the aforesaid

act of congress; that the said election of electors shall Election, be holden in the several towns on the third Wednesday of when hol- November, in every fourth year next after the last elec

tion of a president and vice-president of the United States, which was had in the year 1820; and the several candi

two are chosen.

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dates having a plurality of votes shall be electors: that Votes,

. when to the votes for such electors shall be returned to the gov- be ernor, or other officer exercising the duties of governor, ed, and by

whom within five days after such election, who shall, in the presence of the secretary, count and examine the same, and give notice to the electors of their election; and if by means of the votes being equally divided among any of the candidates, or otherwise, there shall not be an election of the whole number of electors to which the State may be entitled as aforesaid, or if any elector chosen as aforesaid decline his appointment, or be by sickness or other means disabled from serving, in any or either of the cases aforesaid, his excellency the governor, or other officer exercising the duties of governor, shall, on notice thereof, be and he hereby is authorized and empowered forthwith

Assembly to convene the general assembly at East-Greenwich, in

le " to be conthe county of Kent, for choosing electors to fill such va- vened, in cancies as there may be, by any of the means aforesaid. ca

Sec. 4. And be it further enacted, That the electors which Fles may be appointed pursuant to this act, shall meet at Bris- where to tol, in the county of Bristol, there to vote for a president nee and vice-president of the United States, agreeably to the aforesaid act of congress.

Sec. 5. And be it further enacted, That whenever a writ Votes, of election shall issue, to supply any vacancy which shall how to be happen in the representation from this State in congress, &c. in case as contemplated in the second section of the first article of writ of

election. of the constitution of the United States, the votes shall be returned and counted as is provided in this act, in case of electors of president and vice-president of the United States. .

Sec. 6. And be it further enacted, That except in cases pro- Senators, vided for by the second article of the third section of the When to constitution of the United States, the senators of this State pointed. shall be appointed at the session of the general assembly next preceding the expiration of the term of service of the senator for the time being, and not before.

1729, '35, '46, 47, '61, '65, 971, '80, '91, '98,

'99, 1800, An Act to establish a Supreme Judicial Court.

»2, '18, '17,

'18, '22. SECTION 1. Be it enacted by the General Assembly, and by the Supreme authority thereof it is enacted, That there shall be a su- judicial preme judicial court within this State, to be holden at the several times and places by law appointed, by one chief

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justice and four associate justices; and they or any three

of them shall be a court, and shall have cognizance of all Their

actions and pleas of a civil naturè, between party and power in

party, and between this State and any of the citizens thereof, whether the same do concern the realty, and relate to the right of freehold, inheritance or possession ; or whether the same do concern the personalty, and relate to any matter of debt, contract, damage or any other personal right or injury; and also all mixed actions, which do concern and relate to both the realty and personalty, brought legally before them by appeal, writ of review or otherwise ; and in all such actions and causes, real, per

sonal and mixed, to give judgment and award execution In probate agreeably to law; and any person or persons aggrieved

at any order, determination or decree of any court of probate, may appeal therefrom to the supreme judicial court, to be holden in the county to which such court of probate may belong; and the said supreme judicial court is hereby vested with full power and authority to hear and determine such appeal, either by themselves or by a jury, at the election of either party, and to render such judg

ment or decree thereupon as to them shall appear right In criminal and agreeable to law; and the same court shall also have cases. cognizance of all crimes and offences of a public nature,

and upon all persons duly and legally convicted before the said court of any crime or offence whatever, to inflict such punishment as by law is or shall be provided; and in case of legal conviction, where no punishment by statute law is provided, then the said court shall punish the person so convicted by fine and imprisonment, or either

of them, at the discretion of the court, according to the Conserva. nature of the offence : and the said justices of said court peace.

ne shall be, by virtue of their office, severally, conservators of

the peace throughout the State.

od Sec. 2. And be it further enacted, That the justices of the for one said supreme judicial court shall be appointed by the year.

general assembly in grand committee of both houses, at

the general election in May, and shall hold their offices Liable to for the term of one year, liable nevertheless to be removove ed for misbehavior, or inability to discharge their respec

tive duties, through sickness or other infirmity, by a vote Thcir sal- of the general assembly; and the justices of said court hy diminto shall be allowed and paid quarterly, out of the general isbed. treasury, a suitable and sufficient compensation for their

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Sec. 2. Anroughout the Stace, severally, es of said court

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shall not be diminished during the time they shall hold their offices. · Sec. 3. And be it further enacted, That the justices of the Oath of said court, before they proceed to execute the duties of office. their office, shall take the following oath or affirmation, viz: I do solemnly swear (or affirm that I will administer justice without respect of persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge and perform all the duties incumbent on me, as a justice of the supreme judicial court, according to the best of my abilities, agreeably to law: so help me God! or this affirmation I make and give upon peril of the penalty of perjury.

Sec. 4. And be it further enacted, That the said supreme To adminjudicial court shall have power to administer all necessa- ist ry oaths or affirmations, and to punish by fine or impris- Punish

e contempts, onment, at the discretion of said court, all contempts of &c. authority in any cause or hearing before the same, and to make and establish all such rules for the admission of attornies to practice in said court, and for the orderly conducting business therein, as the discretion of said court shall direct; provided such rules are not repugnant to the laws of the state.

Sec. 5. And be it further enacted, That whenever it shall May grant be made to appear to the satisfaction of said court, at any term thereof, by any party in a suit which has not been, decided nor cannot by law be reviewed, and which shall have therein, or been tried or decided therein, or in either of the courts c. pleas. of common pleas, within one year previous to such application, that by reason of any accident, mistake or any unforeseen cause, judgment has been rendered in such suit, on discontinuance, nonsuit, default or report of referees, or that such party had not a full, fair and impartial trial in such suit, and the court shall thereupon think it reasonable to grant a trial, or in case a trial hath been had in such case, to grant a new trial therein, they shall have power to grant the same, upon such terms and conditions as the said court shall prescribe; and the said court shall also have power to grant new trials in cases where there has been a trial by jury, for reasons for which new trials have been usually granted at common law; and if Applicathe application for such trial or new trial of a suit decid

cid for, when ed in the said supreme judicial court, shall be made at to be the same term in which such suit shall have been tried made. or decided, the adverse party shall be holden to answer

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