is not required by law to give surety for costs, to tax the costs in a separate book to be kept for that purpose, the same to be from time to time examined, revised and certified by the other members of said court;

Fourth. To receive all fines and costs in criminal cases, and all justices' fees in civil and criminal cases, and to account with the state auditor and pay over to the general treasurer all said fines, and all said justices' fees, and all said costs or other moneys belonging or by law payable to the state, as often as by law required.

SEC. 14. For any wilful neglect of the clerk, or member of said court performing the duties of clerk, to account as aforesaid provided, or for any wilful neglect or refusal of any member of said court to pay over all fines and costs by him received, he shall be fined fifty dollars for each offence, and also double the amount of fines by him received and so detained.

SEC. 15. The clerk of such court shall not be reëligible to said court, unless prior to his reëlection, he shall have faithfully and seasonably recorded the judgments and proceedings of said court, and shall produce to the general assembly at the May session thereof, a certificate of one of the justices of the supreme court that he has faithfully and fully kept and made up said records.

SEC. 16. Original writs in civil cases, and all executions and other processes, except summons to witnesses, returnable to such court, shall be signed by the clerk thereof, under the seal of said court, said original writs in blank or otherwise, and shall bear teste of the presiding justice of such court.

SEC. 17. Whenever the presiding justice of such court shall be a party to any writ, execution, or other process returnable thereto, the same shall bear teste of one of the other justices of such court; and wherever the clerk shall be a party thereto, shall be signed by one of the other justices of such court.

SEC. 18. Summons to witnesses in cases civil or criminal pending before such court, may be signed by any member thereof.

SEC. 19. The forms of writs, executions and summons in civil cases, returnable to such court, shall be substantially the same as those returnable to justices of the peace in other towns.

SEC. 20. No civil action shall be considered as entered in, or be received by such court, until the entry fee shall have been paid.

SEC. 21. In each civil case entered in such court in which judg ment shall be rendered, the sum of fifty cents shall be allowed for attendance of the party recovering judgment; but the said sum of fifty cents so taxed for attendance as aforesaid, shall not be received by the clerk of the court, but shall be taxed in the bill of costs to and for the use of the party recovering judgment: Provided, that when an appeal shall be taken from such court in any civil case, the clerk thereof shall receive all the taxed costs that are paid upon such appeal, and shall account for the said attendance fee of fifty cents with the party recovering judgment, or his attorney of record, and shall pay over all the other costs in each case appealed as aforesaid to the persons by law entitled to the same.

SEC. 22. Such court, except as is hereinbefore provided, shall tax the same fees as may be allowed by law to be taxed by justices of the peace in similar cases.

SEC. 23. In all criminal cases in such court, the proceedings therein shall be commenced by complaint and warrant in the manner by law prescribed for the commencement of criminal cases before justices of the peace.

SEC. 24. The warrant may be signed by either member of the court; and either member may arraign and require the person apprehended to plead thereto; may sentence him, if he plead guilty, or that he does not wish to contend, to an offence within the jurisdiction of the court to try and determine; or if he waive examination in case of an offence beyond the jurisdiction of the court, may bind him over to the next court, to be holden in the county having jurisdiction of the offence, taking recognizance for his appearance therein, and committing him for want of such recognizance, as such court might do; or, if the person charged shall plead not guilty, or such member shall not think proper to pronounce sentence or take recognizance as aforesaid, may require from such person a recognizance to appear before such court to answer the complaint whenever it shall be called for hearing, and to abide and perform the sentence and order of the court thereon.

SEC. 25. In default of such last-named recognizance being given, either member of such court may commit the person so apprehended to the jail in the same county, there to remain until he give such recognizance, or until he be otherwise lawfully discharged therefrom; and any one of said justices is empowered to sign a mittimus for said purpose; and the same fee shall be taxed for taking said recognizance as if the same were taken to a higher

court.

SEC. 26. Such court shall be considered to be in session at all times for the transaction of such criminal business as shall be legally brought before it, and for the return of civil process; and on two days at least, in each week, for hearing and determining petitions or motions in civil causes and for the trial of civil actions; the time of entering said actions and filing answers thereto, and the manner and order of said trials, to be determined by rules to be established by such court.

SEC. 27. All the proceedings in such court, in the hearing, trial and determination of all actions and complaints pending before them, and in all matters relating thereto, shall be substantially the same as the proceedings in like cases before justices of the peace; and the court shall have all powers necessary or proper to enable them to discharge their duties therein, in the same manner as justices of the peace in like cases.

SEC. 28. Whenever any person is brought before such court charged with an offence, the punishment whereof is beyond the jurisdiction of said court, or is so placed within the jurisdiction of the court trying him, that it may or may not exceed the jurisdiction of the court, the said court may proceed to an examination, and in case he be adjudged probably guilty of an offence, the pun

ishment whereof is beyond the jurisdiction of said court, shall bind him by recognizance with surety or sureties in such sum as they think proper, to appear at the next term of the supreme court, or court of common pleas for the county, and not to depart therefrom without leave, and in the mean time to be of good behavior and keep the peace; or if the case be within their jurisdiction, according to their discretion aforesaid, may proceed to trial of such person; and if he be found guilty, to sentence him to a punishment within their power to inflict, or should they deem such punishment inadequate to the offence, may bind him over by recognizance with surety or sureties as aforesaid.

SEC. 29. Any person refusing to give recognizance when required by such court, shall be committed to the county jail, until such recognizance be given, or he be lawfully discharged therefrom according to law.

SEC. 30. Appeals from the judgments of such courts, in matters civil and criminal, may be taken in the same manner as is or may be by law provided for appeals from judgments rendered by justices of the peace.

SEC. 31. Whenever a vacancy shall happen in such court from death, resignation or otherwise, the same shall be supplied by the general assembly in grand committee at the session during which or next after the vacancy shall occur: Provided, that whenever any vacancy shall happen in such court from death, resignation or disability of any of the members thereof, which shall be likely to be of inconvenient duration, the governor is authorized to commission any justice of the peace residing within said limits, to perform the duties of the office so rendered vacant, until such disability is removed, or until the next session of the general assembly; and the person so commissioned shall be subject to the same duties and obligations, and be entitled to the same compensation during the time of his appointment, as are imposed and conferred by law upon the person elected to that office.

SEC. 32. The court of magistrates of the city of Providence is authorized to take jurisdiction over all writs, complaints, warrants, citations, and all other processes, which on the first day of June, in the year 1854, were commenced in or pending before the court of magistrates in the city of Providence theretofore existing, or which had been issued out of, or returnable to said court, in the same manner, and to the same extent, as if said writs, complaints, warrants, and other processes were commenced in, were pending before, or were issued out of, and returnable to the court then by law established in its place and hereby continued.

SEC. 33. The records and papers of all former courts of magistrates established by law in the city of Providence, shall be and continue in the custody of the clerk for the time being of the present court of magistrates, who shall continue to have power to issue executions and to certify copies of said records and papers, and in general to do all matters and things pertaining to the same, in the same manner, and with the same effect, as he is authorized to do

in relation to the records and papers of the court of which he is, or shall be clerk.

SEC. 34. The records and papers of the former court of magistrates in the village of Woonsocket, shall be and continue in the custody of the clerk of the court of magistrates of the village of Woonsocket now by law established, who shall have full power to issue executions and to certify copies of, and in general to do, all things appertaining to such records and papers, in the same manner, and with the same effect as he is authorized to do in relation to the records of the present court.

CHAPTER 170.

OF THE CLERKS OF THE SUPREME COURT AND COURT OF COM

SECTION 1. Each of the clerks of the supreme court and of the court of common pleas shall, before entering upon the duties of his office, in addition to being sworn, give bond, with sufficient sureties, to the general treasurer, to be approved by him, in the sum of three thousand dollars, faithfully to discharge the duties of his office according to law, and seasonably to record the decrees, judgments and determinations of the court for which he is clerk.

SEC. 2. Said clerks shall constantly attend the sittings of their respective courts, shall keep the seal, books and papers thereof, shall make fair entries and records of all the proceedings, judg ments, orders and decrees therein, shall furnish stationery, to be allowed by the court, for the use of the same, and shall do and perform all other things which, by law, or the rules of the court, shall appertain to their office.

SEC. 3. Said clerks shall, in the record of every judgment, recite the substance of the declaration and pleadings in the case; and whenever, by accident, neglect or otherwise, any clerk may have failed to record the proceedings of the court of which he is clerk,

in any cause pending before it, said court may direct the acting clerk to record said proceedings, upon such evidence as may seem satisfactory to them, giving notice to the parties interested or their attorneys, whenever from the circumstances of the case, they may deem it proper.

SEC. 4. Said clerk shall make or cause to be made, to every book of records of judgments in their office, not completed, two indexes; one, an alphabetical index of the names of plaintiffs, complainants or petitioners, giving also the names of the defendants or respondents in each case; and another alphabetical index of the names of defendants or respondents, giving also the names of the plaintiffs, petitioners or complainants in each case.

SEC. 5. In case of the death, absence or inability of either of said clerks, or in case the clerk appointed declines serving, if of the supreme court, the chief justice, or in case of his death, absence or inability, either of the associate justices of said court, and if a clerk of the court of common pleas, the chief justice of the supreme court, or the associate justice assigned to hold said court of common pleas, may appoint a clerk thereof, who shall hold his office until the clerk shall have returned, the inability be removed, or until another clerk shall have been appointed by the general assembly.

SEC. 6. The clerk so appointed shall be sworn and give bond before he enters upon the duties of his office, as in case of a clerk appointed by the general assembly, and shall, during his term of service, be entitled to the fees or compensation of the office.

SEC. 7. Either of the clerks of said court may, subject to the approval of the supreme court or of either of the justices thereof, appoint a deputy clerk, who being sworn, may discharge all the duties of the clerk appointing him during his sickness or temporary absence.

SEC. 8. Such deputy clerk shall be removable at the pleasure of the clerk appointing him, and of the supreme court, or of either of the justices thereof; and the clerk appointing him shall provide for his compensation and be liable for his misconduct or neglect of duty.

SEC. 9. When two or more supreme courts or courts of common pleas are holden at the same time in the same county, the clerk of such court appointed by the general assembly shall attend one of said courts, and shall keep the records and files of the others of said courts; and may, subject to the approval of the supreme court, or of either justice thereof, appoint a deputy or deputies to keep minutes of the proceedings of the other or others of said

courts.

SEC. 10. Every such deputy shall be sworn; and may, at the option of the clerk appointing him, be required to give bond, with surety, to such clerk, who shall be responsible for his acts and neglects, that he will perform his duties and pay over to him all moneys received by him as deputy clerk; and shall receive four dollars per day for his services, out of the general treasury, to be allowed by the court which he attends.