SECTION process of former courts of mag. 26. Duty of such courts and justices 27. Who to be trial justice and clerk 29. Action before, where commenced. 32. Action of trespass, to which title 33. Except title in trespass, special pleas need not be filed before. SECTION 34. Account of particulars, when to be 35. Of actions before, for balances of 36. Of account of defendant, and of 37. Of judgment in, if balance exceed 38. Actions before, on notes, &c., re- 40. Of confession of judgment before, 41. Powers of wardens of certain 42. Of special jurisdiction of such of towns. 43. Not to take declarations of aliens, 44. Power of, to issue writs of habeas 45. Civil action in, not entered, unless SECTION 1. A justice court shall be established in every town, Justice court, unless otherwise specially provided. SEC. 2. Such court shall be held by a trial justice, who shall be selected and elected from the qualified justices of the peace in such town, by the town council thereof, at their first meeting after the annual town meeting, or within thirty days thereafter, except the justice courts in the cities of Providence and Newport, and the towns of Woonsocket and North Providence, in which towns the trial justice shall be selected and elected from the qualified justices of the peace in said towns by the general assembly in grand committee at its May ses sion. SEC. 3. Every trial justice so elected, accepting such office, shall, within twenty days after his election, file a written notice of his acceptance with the secretary of state if elected by the general assembly in grand committee, or with the town clerk of the town if elected by the town council, together with proof of the engagement of such trial justice upon his commission. where to be established. Trial justice of, how selected and elected. To file notice of his accept ance. SEC. 4. Such trial justice shall hold his office for three years, un- Term of office less sooner removed by the election of some other person to fill his place. of. Vacancy Name of court. Of clerks of justice courts; of what courts elected, and mode of election. Of bond of clerk, and of trial justice, if there be no clerk. Vacancies in offices of trial justice or clerk of, how filled. Duties of trial justice or clerk of, by whom performed in case of absence or inability. Of proceedings in case such absence or inability continues thirty days. Who may adjourn such court. Form of seal of. By whom kept; writs to bear impress of. SEC. 6. The court so established shall be known as the justice court of the town or city establishing the same. SEC. 7. The general assembly in grand committee at its May session shall elect clerks for the justice courts of Providence, Newport, Woonsocket, and North Providence respectively, which clerks shall hold their offices for three years, unless sooner removed by the election of others to fill their places; and vacancies therein shall be filled in like manner as in the office of trial justice; and the town council of every other town may elect a clerk for the justice court of their respective town, at the time they are required to elect a trial justice for such court, which clerk shall hold his office for three years, and until his successor is appointed, or such town council shall vote to discontinue the office of clerk. SEC. 8. Every clerk of such court, or, if no clerk thereof shall have been elected, the trial justice thereof, shall, before entering upon the duties of his office, give bond to the general treasurer, with sufficient surety or sureties, in a sum not exceeding five thousand dollars, nor less than five hundred dollars, to be determined by the state auditor in case such clerk or justice was elected by the general assembly in grand committee, otherwise by the town council of the town in which such court shall sit, 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 by him received, belonging to or payable to the state. SEC. 9. The town council of every town shall fill any vacancy occurring in the office of trial justice, or clerk of a justice court, in such town, except in the cities of Providence and Newport, and the towns of Woonsocket and North Providence, where any such vacancy shall be filled by the general assembly in grand committee. SEC. 10. Whenever a trial justice shall be absent or unable to serve, his duties shall be performed by the clerk of such court, if any there be, who shall constitute such court, otherwise by some person selected from the qualified justices of the peace in the town for which such court is established and elected by the town council thereof. If the clerk of any justice court shall be absent or unable to serve, his duties shall be performed by the trial justice thereof. SEC. 11. If such absence or inability to serve of a trial justice or clerk shall continue for the period of thirty days, the office of such trial justice or clerk may by the town council of the town be declared vacant: Provided, however, that in the cities of Providence and Newport, and the towns of Woonsocket and North Providence, the power to declare such offices vacant shall reside in the governor. SEC. 12. In case of the absence or inability of the trial justice of any justice court having no clerk, or of both justice and clerk, any justice of the peace residing within the jurisdictional limits of such court may adjourn the same, and continue all business pending be fore it. SEC. 13. The justice court of every town shall have a seal, which shall have engraved thereon the words "justice court of the" followed by the name of such town. SEC. 14. Such seal shall be kept by the clerk of such court, or, if there be no clerk, by the trial justice thereof, and all writs, original, mesne, or judicial, issued by such court, shall bear the impress of such seal. SEC. 15. Every justice court shall hear and determine all matters Duty of court. lawfully brought before it. SEC. 16. Every justice court shall be in session for the return of When to sit for civil process and the transaction of all civil business legally brought civil business. before it, at such time and place as designated by the town council of the town, or by the city council of the city, wherein such court is established, and at such other times as such justice court may determine or be adjourned to. SEC. 17. Whenever any trial justice shall be a party to any action or proceeding, civil or criminal, or be interested in the event thereof, such action or proceeding shall be brought before and heard by a justice court in an adjoining town. SEC. 18. Whenever a clerk of any justice court shall be a party to any action or proceeding, civil or criminal, or be interested in the event thereof, all writs or other processes issuing therein from such court shall be signed by the trial justice thereof. SEC. 19. The clerk, or, if there be no clerk, the trial justice of every justice court, shall keep a docket of all actions, complaints, or proceedings, either of a civil or a criminal nature, that may be entered or had in such court, and shall note in the same against each case the judgment therein, or the determination thereof, and in all criminal cases the fine or imprisonment to which the defendant may be sentenced. Actions, &c., where tried if trial justice a party, &c. Writs, &c., how signed, if clerk a party, &c. Docket, by whom and how to be kept. SEC. 20. He shall record the judgments and proceedings of such Judgments to court in a book to be kept for that purpose. SEC. 21. He shall tax the costs, including officer's fees, in all cases, civil and criminal, that may be entered, commenced, or pending in that court; and in criminal proceedings, in which the complainant is not required by law to give surety for costs, shall tax the costs in a separate book, to be kept for that purpose, and all taxation by the clerk shall be subject to the revision of the trial justice of such court. SEC. 22. He shall receive all fines and costs in criminal cases, and all justice fees in civil and criminal cases, and shall account with the state auditor and pay over to the general treasurer all such fines, and all such justice fees, and all such costs or other moneys belonging or by law payable to the state, as often as by law required. SEC. 23. For any wilful neglect or refusal of the clerk, or trial justice of such court performing the duties of clerk, to so account, or for any wilful neglect or refusal of any trial justice of such 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. 24. The clerk of such court, or, if there be no clerk, the trial justice thereof, shall not be reëligible to the office of clerk, or trial justice, unless prior to his reëlection he shall have faithfully and seasonably recorded the judgments and proceedings of such court, and shall produce to the town council of the town or city council of the city in which such court shall be established, satisfactory evidence thereof; and before the said trial justice or said clerk shall be reelected, he shall present a certificate of the town clerk of the town wherein such court is established, that the provisions of this section have been complied with. SEC. 25. Every justice court in the town or city in which it is established shall take jurisdiction over all writs, complaints, warrants, citations, and all other processes, which on the first Monday of De be recorded, &c. Of taxing costs, &c. of receiving and accounting: for fines, costs, and justice fees. Penalty for neglect or recount, &c. fusal to ac Keeping of proper records. condition of reëligibility. Jurisdiction of justice courts over process of former courts of magis- cember, A. D. 1872, shall have been commenced, or which shall there trates, justices, be pending in any court of magistrates, court of justices, or before &c., within their jurisdictional limits. Duty of such courts and justices, to deliver their books, records, and papers to such justice courts. Who to be, Original jurisdiction of justice courts in Civil cases. Action before, where commenced. Blank writ signed to be issued only to attorneys, under penalty. Title to real estate, not triable before. Action of trespass, to which any trial justice, or justice of the peace within the jurisdictional limits of such justice court, or which shall have issued out of or shall be returnable to such court of magistrates, court of justices, or by or before such trial justice, or justice of the peace, in the same manner and to the same extent as if such writs or other processes had been issued out of, and were returnable to, such justice court. SEC. 26. Every court of magistrates, court of justices, trial justice, or justice of the peace, shall, upon the engagement of the trial justice of the justice court established within the jurisdictional limits of such court of magistrates, court of justices, trial justice, or justice of the peace, deliver to such justice court all their books, records, and papers. SEC. 27. The presiding justice and justice acting as clerk of the court of magistrates in the city of Providence, and the presiding justice and clerk of the court of magistrates in the town of Woonsocket, and the presiding justice and clerk of the court of justices in the city of Newport, shall respectively act as trial justices and clerks in such towns and cities respectively, until their successors shall be elected and qualified to act, and the governor shall appoint a trial justice and clerk of the town of North Providence, to hold their offices respectively until their successors are elected and qualified to act. SEC. 28. Every justice court shall have original and exclusive jurisdiction of all civil actions, legally brought before it, wherein the debt or damages demanded do not exceed one hundred dollars, excepting only actions relating to real estate or some easement therein, in which the title to the same may be in dispute, or those over which jurisdiction has been or may be conferred on some other tribunal, with power to enter up judgment and award execution therein, and, concurrent with special courts of common pleas, shall have jurisdiction over all actions brought within its respective town against tenants for possession of tenements, or estates let, who have broken their leases, or who hold over the term for which such tenements are let. SEC. 29. In case both parties live in the same county, the plaintiff shall commence his action either in the town in which he lives, or in which the defendant lives, or is to be found, except where otherwise specially provided. In case the parties live in different counties, the plaintiff shall commence his action in the county in which the defendant lives, or is to be found, or has property liable to attachment in such action. SEC. 30. No trial justice, or clerk of a justice court, shall sell any blank writ, by him officially signed, to any person except an attorney at law, or shall deliver to any person other than an attorney at law any such writ, with permission, in the absence of such trial justice or clerk, to fill up such writ or to cause the same to be filled and served, under a penalty of ten dollars for each offence, and of ineligibility as a justice of the peace for the term of two years next after conviction. SEC. 31. Whenever an action of trespass shall be brought before any justice court, and the defendant shall plead the general issue, he shall not be allowed to offer any evidence that may bring the title to real estate in question. SEC. 32. If the defendant in any such action shall plead the title of himself, or any person, in justification, the court, upon such plea being filed, shall require the defendant to give bond to the adverse title is pleaded, party in a reasonable sum, with sufficient surety or sureties, to enter how to be disthe said action at the next court of common pleas to be holden within posed of. the same county, and to prosecute the same in the same manner as upon an appeal from a justice court's judgment; and if such defendant shall refuse so to give bond, the court shall render judgment against him in the same manner as if he had refused to make answer to the suit; and either party in such case shall be allowed to appeal from the judgment of the court of common pleas, in the same manner as if the suit had been originally commenced there. SEC. 33. In all actions triable before a justice court, except an action of trespass where the defendant means to avail himself by pleading of the title of himself or any other person under whom he claims, the defendant shall be entitled to all evidence under the general issue which by law he might avail himself of under any special plea in bar whatever. SEC. 34. In all actions on book account for goods, wares, or merchandise sold, or for work or labor done, the plaintiff shall on entry of his writ, or afterwards on motion filed, annex a particular account thereof to his said writ. SEC. 35. In all such actions when the whole amount is more than one hundred dollars, and the balance stated by the plaintiff does not exceed that sum, he may bring his action for such balance, and shall declare specially thereon, and shall on the entry of the writ, or afterwards on motion, file his account of debt and credit in said action. SEC. 36. In such case the defendant may exhibit in court his account against the plaintiff, and the court shall settle the true balance or difference of their accounts, give judgment therein, and award execution for such balance, if by the adjustment and judgment of the court it does not exceed one hundred dollars with costs. SEC. 37. If in such case the account exhibited by the defendant shall exceed the sum of one hundred dollars, and in the opinion of the court there shall be due the defendant thereon a greater amount than one hundred dollars, then and in such case, unless such plaintiff shall in writing accept judgment for one hundred dollars, the court shall render judgment against the plaintiff, as in case of nonsuit, and for the defendant for his costs only; and shall not any further adjudicate upon the account of the defendant, whose right to sue for the same shall remain in the same manner as before the commencement of the action. SEC. 38. In all actions for the recovery of money due on any note or other instrument in writing, which was given originally for one hundred dollars, or a larger sum, and which by endorsement, or by acknowledgment in court, is reduced to one hundred dollars or under, including principal and interest, suit may be brought before a justice court as aforesaid, and judgment may be entered thereon, and execution awarded, in the same manner as though such note had been originally given for a less sum. SEC. 39. Whenever any person shall be sued in any action before any justice court, he may go with the officer who served the writ before the said court, and there confess judgment for the plaintiff's demand, first giving bail in the action, if bail be required by the terms of the writ; which confession the court shall record, tax costs as far as they have accrued, and award execution. SEC. 40. Every justice court may accept and record the confession of any judgment within its jurisdiction, made by a debtor personally, Special pleas not required be fore, except, &c. Account of particulars, when required. of actions before, for bal ance of account. Of account of defendant, and judgment, bal ance not ex ceeding one hundred dollars. Of judgment if it exceed one hundred dol lars. of actions before, on notes, by endorsement to one ars or under. &c., reduced hundred dol Of confession of judgment before, upon process served. of confession before, without of judgment process. |