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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, foc. 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
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 .
rule to remain in force until discharged, and to be continued until

report thereon
referees to be sworn
- may administer oaths, and compel the attendance of witnesses
parties in justices' court may enter into rule
no writ, &c. shall be abated for want of form .
may be amended upon terms

· 128
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
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
appellant neglecting to enter his appeal, defendant may file com-

plaint
new trial by act of assembly, when to be entered .
costs, by whom to be paid

- to be taxed by the clerk and allowed by a judge
clerk's fees to be paid before execution issues

ib.
cost of immaterial evidence to be rejected

ib.
written evidence not to be taxed, unless fees are noted thereon
in actions of trespass, &c. plaintiff shall not recover more costs than

damages, unless, &c.
costs, by whom to be paid in criminal cases .
by whom courts may be adjourned

131
business pending in, to be continued

.

ib.
oath of jurors

. . 132

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PROCEEDINGS OF COURTS, inhabitants of towns may be witnesses 132

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

127, 128
may be amended

ib.
civil, not to be served on Sunday

159
may be served in Narraganset Bay .
PROFANE SWEARING, how punished

347
PROMISSORY NOTES, balance due on, may be sued for at a justice's
court .

144
for specific articles, &c.

355
for money, and payable to order, indorsable
action by indorsees, how and where brought

ib.
costs upon

356
private, not to be issued as currency
PROTECTION, writs of, may be issued, &c.

123
PROVIDENCE, out lands of, incorporated into Smithfield, Scituate and
Glocester ..

72, 73
divided, and Cranston incorporated
divided, and Jobnston incorporated
divided, and North-Providence incorporated
act enlarging the powers of the freemen in
town-council of

460, 461
work-house in, regulated .

ib.
fires in

467
wooden buildings in

469
gunpowder, storage of, &c.

472
highways in, may be laid out on petition, &c. .

478
side-walks in, how repaired

ib.
grounds covered with stagnant water, how to be filled up
lime, how to be stored in
harbor of, act relating to

484
bridge in, act to prevent damage to

497
excessive riding in

498
horses, sheep, goats, not to go at

499
dogs at large in, killed, &c.

397
RAPE, how punished

339
RECORDS, of justices of the peace, to be lodged in town-clerk's
to contain the substance of the pleadings

132
to be delivered over by town-clerk, &c.

146
REFEREES, causes may be submitted to .

• 126, 127
to be sworn
may compel the attendance of witnesses

administer oaths
RELIGIOUS FREEDOM, act declaratory of
REMOVAL. (See Paupers.]

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146

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REPLEVIN, goods, &c. distrained, may be replenied

writ of, may issue from common pleas
form of the writ, and how served
plaintiff in, to give bond
proceedings io, &c.
before justice of the peace

cattle impounded, may be replevied, &c.
REPRESENTATIVE, of one jointly bound, liable, &c.
REPRESENTATIVES, qualifications of

number of .
to be notified, returned, &c.
penalty for neglect in notifying, &c.
accepting office under the United States, seat vacated
oath of
refusing to serve, dying, &c.
wben to be chosen
TO CONGRESS, qualifications of
when to be elected
elections, bow conducted

certificates of election to be furnished
RESCUING, convicts of murder, how pupished

other convicts
REVIEWS, in what cases granted .

no new pleadings in
how to be tried
surviving plaintiff or defendant may review
executors may joio in

may prosecute alone
several defendants, joint damages, how .
damages several, each may prosecute
heir, &c. may review
execution, when stayed upon
when to be brought

writ of, how served
REVISION, of the laws, established ..
RICHMOND, incorporated
RIDING, excessive, act to prevent in certain places
RIGHTS, acts declaratory of
RIOTS, act to prevent

proclamation to be made
parties refusing to disperse, may be apprehended
penalty for refusing to aid the sheriff
- for obstructing him

- for destroying houses
ROBBERY, how punished
RULES, to submit causes to referees

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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
by the courts of common pleas

ib.
by whom to be tested, &c.
on judgment of court

126

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SCIRE FACIAS, form of

152
how to be served

158
against bail, when and how to be served
SCITUATE, incorporated

divided, and Foster incorporated
SEAL, of the State
SECRETARY, of the State, fees of

103, 165
may appoint a deputy

298
election of
oath of .

96
to record the acts of assembly

88
cause the schedules, &c. to be printed and distributed
issue executions for fines and costs

. . 100, 103
to tax and allow bills of costs on petitions
to issue citation to adverse party on petitions

102
register public letters

.
.
.

, 298
furnish town-clerks with copies of tax-act .

.

310
notify creditors on insolvent petitions

358
SEIZIN. See Writ.]
SENATORS, OF THIS STATE, accepting an appointment under the
United States, seat vacated

97
when and how chosen and sworn

94, 95, 96
may join persons in marriage

370
may take the acknowledgment of deeds

203
pay of

427
TO CONGRESS, how elected

104

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when to be elected

107
SETTLEMENT, how gained

271
how long to continue

272
not gained by real estate in certain cases

280
SHEEP, worried by dogs

396
not to go at large in Providence and North-Providence

499
in Cumberland, Tiverton, Johnston, Middletown and
Little Compton

507
on Rhode Island

508
rams, not to run at large

507
SHERIFFS, not re-chosen, may officiate one week, &c.

re-chosen, may act ten days without being sworn
shall off-set executions

125
may give deed of real estate

157
form of deed

158
shall sell under the execution levied, although return day be
passed .

157
to enter time of attachment on writ, &c.
penalty for refusing copy of warrant, &c.

183
for false return to writ of habeas corpus, &c.

ib.
fees of

. . :
to endorse the items of fees

169, 170, 171

172
to let persons arrested to bail

173
to allow prisoners for debt the liberty of the yard

175
to execute orders of board of health

263
to be annually appointed, qualifications of, &c.

304
oath of

305
to give bonds

304

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305

306, 418

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SHERIFFS, not eligible as members of assembly

304
may appoint deputies and jailers

304, 305
may revoke deputations
- appoint special deputies
liable for neglect of deputies, &c.

305, 306
to attend courts, &c.

ib.
of Providence, to attend commencement

307
penalty for refusing to serve a writ

306
may command aid
to furnish general assembly with laws, &

307
to deliver commissions, &c.

ib.
executions against, how served

ib.
not to arrest dead bodies

308
to hand over papers to their successors.

ib.
to collect interest on executions

, 310
penalty on, for not paying over monies collected .

310
to pay over to clerk of supreme judicial court all fines, &c. 356
penalty for neglect .

357
DEPUTIES, pot eligible as members of assembly

304
qualifications of .

ib.
appointment of, to be recorded

305
to give bond .

ib.
oath of
may act after the death of the sheriff

306
neglect of, to be a breach of the sheriff's bond
may be removed by the courts

307
guilty of extortion, how punished .

346
SLAVES, no slave to be brought into the State

441
penalty for bringing

ib.
- for concealing

ib.
for forcibly carrying away .

1, 442
persons born after 1784 to be free

443
children of slaves, how supported
of other blacks, how supported

443, 444
- may be bound out

443
provisions not to extend to citizens of other States owning

slaves, &c.
SMITHFIELD, incorporated

. 73
SODOMY, how punished

339
SOUTH-KINGSTOWN, incorporated

dividing line between, and Exeter'
STAKES, AND BUOYS, penalty for making fast to

423
for running vessels against

424
how recovered

424, 425
STAGNANT WATER, act for filling up grounds covered with, in Providence 480
STATUTES OF ENGLAND, to be in force in case

65
STREETS, in Newport, act relating to .

: 457, 459
SUMMONS. (See Writ.]
ŞUBORNATION OF PERJURY, how punished

. . 343
SUNDAY, civil process not to be served on

159
penalty for laboring on

414
- for employing others

ib.
sabbatarians, &c. exempt

14,415
limitation of complaint
SURETY, in jail bond, may surrender his principal

· 176

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