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PROCEEDINGS IN COURTS, plaintiff to pay cost, if he recovers

no more than was tendered

defendant may plead tender of amends in trespass
plaintiff to pay costs if he recover no more than was tendered.
defendant may plead payment in debt on judgment, &c.
may plead payment after the day in debt on bonds
plaintiff shall annex his account to his declaration in action
on book account

and defendant may, to his plea

jury, &c. shall determine the balance

courts shall off-set judgments,

sheriffs shall off-set executions

in actions on bond, &c. damages shall be assessed according to
equity

in actions on bond, &c. plaintiff may assign several breaches
also where judgment shall be given on demurrer, or by default

124
ib.

ib.

ib.

125

ib.

ib.

ib.

ib.

ib.
126

ib.

scire facias may issue on judgment, and other breaches be suggested ib.
courts may assess damages on default, &c. by or without a jury
view may be had in cases relating to the realty

parties in court may enter into rule

also other persons, who have existing disputes
terms of the rule

judgment, how entered on the report

court may, on motion, discharge or recommit the rule

ib.

ib.

ib.

ib.

127

ib.

ib.

rule to remain in force until discharged, and to be continued until
report thereon

ib.

referees to be sworn

ib.

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may administer oaths, and compel the attendance of witnesses ib.

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partner omitted in a writ, may after its return be made a party

ib.

how judgment may be entered against him

ib.

several defendants in trespass, &c. those acquitted shall recover costs ib.
plaintiff shall not discontinue in the supreme judicial court, after
cause is opened to the jury

surviving plaintiff may proceed against the surviving defendant, &c.
reasons of appeal when to be filed

ib.

ib.

129

may be, by leave of court, on the first or second day of the term
one party entering his appeal, cause shall be tried as though both
parties had appealed

ib.

ib.

appellant neglecting to enter his appeal, defendant may file com-
plaint

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written evidence not to be taxed, unless fees are noted thereon

ib.

in actions of trespass, &c. plaintiff shall not recover more costs than

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divided, and Johnston incorporated

PROCEEDINGS OF COURTS, inhabitants of towns may be witnesses
no judge or justice of the peace shall sit twice in the same cause
judgments, how to be recorded

executions, when to be issued

when returnable

representative of one jointly bound, to be liable

on appeal to the supreme judicial court on notes, &c. the defendant
shall pay down the costs

if appellee recovers on the appeal, he shall also recover double

costs

PROCESS, not to be abated for want of form

may be amended

civil, not to be served on Sunday

may be served in Narraganset Bay

PROFANE SWEARING, how punished

PROMISSORY NOTES, balance due on, may be sued for at a justice's

court

for specific articles, &c.

for money, and payable to order, indorsable

action by indorsees, how and where brought

costs upon

private, not to be issued as currency

PROTECTION, writs of, may be issued, &c.

PROVIDENCE, out lands of, incorporated into Smithfield, Scituate and

Glocester

divided, and Cranston incorporated

divided, and North-Providence incorporated

132

ib.

ib.

ib.

133

ib.

ib.

ib

127, 128

ib.

159

ib.

347

144

355

ib.

ib.

356

437

123

72, 73

78

80

81

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grounds covered with stagnant water, how to be filled up

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RECORDS, of justices of the peace, to be lodged in town-clerk's office

REFEREES, causes may be submitted to

to be sworn

may compel the attendance of witnesses
administer oaths

RELIGIOUS FREEDOM, act declaratory of
REMOVAL. [See Paupers.]

71

146

132

146

126, 127

ib.

ib.

ib.

68

REPLEVIN, goods, &c. distrained, may be replevied
writ of, may issue from common pleas
form of the writ, and how served
plaintiff in, to give bond

proceedings in, &c.

before justice of the peace

cattle impounded, may be replevied, &c.

REPRESENTATIVE, of one jointly bound, liable, &c.
REPRESENTATIVES, qualifications of

number of

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184

ib.

184, 185, 395

184

184, 185

185

394

133

96

7, ib.

ib.

ib.

97

ib.

ib.

94

104

105

105, 106, 107

105

345

350

133

ib.

134

ib.

ib.

ib.

jb.

ib.

135

134, 135

ib.

135, 136

63

78

498

66

417

ib.

418

ib.

ib.

ib.

339

126, 127, 362

SANCTUARY OF THE DEAD, penalty for digging up any human body

425

SCIRE FACIAS, writs of, may be issued by the supreme judicial court 111, 123

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to record the acts of assembly

cause the schedules, &c. to be printed and distributed

issue executions for fines and costs

to tax and allow bills of costs on petitions

to issue citation to adverse party on petitions

register public letters

furnish town-clerks with copies of tax-act

152

158

175

73

83

88

103, 165

298

94

96

88

89

100, 103

ib.

102

298

310

358

notify creditors on insolvent petitions

SEIZIN. [See Writ.]

SENATORS, OF THIS STATE, accepting an appointment under the

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not to go at large in Providence and North-Providence

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SHERIFFS, not re-chosen, may officiate one week, &c.

re-chosen, may act ten days without being sworn

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shall sell under the execution levied, although return day be
passed

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to collect interest on executions

penalty on, for not paying over monies collected

to pay over to clerk of supreme judicial court all fines, &c.

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may act after the death of the sheriff

neglect of, to be a breach of the sheriff's bond

may be removed by the courts

guilty of extortion, how punished

SLAVES, no slave to be brought into the State
penalty for bringing

for concealing

for forcibly carrying away

persons born after 1784 to be free

children of slaves, how supported

of other blacks, how supported

may be bound out

provisions not to extend to citizens of other States owning

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65

457, 459

343

159

414

ib.

414, 415

414

176

STAGNANT WATER, act for filling up grounds covered with, in Providence 480

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