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In cases triable

before single justice in vacation.

In case of discontinuance by plaintiff.

When actions
of trespass,
&c., discontin-
ued as to some

of defendants.

Travel, &c.,

how taxed in case of part

ners.

In actions on costs, how taxed.

against either party in their discretion, and upon such terms and conditions as they may prescribe by general rule or otherwise.

SEC. 7. In all cases in which power is conferred upon a single justice of the supreme court to hear and determine any matter in vacation, such justice may, in his discretion, award costs to either or neither party thereto, or divide the same, in any proportion between the parties; such costs to be taxed by the clerk, allowed by the justice, and collected by execution, returnable to the next term of said court in the county.

SEC. 8. If the plaintiff in any case shall file his declaration in either of the clerk's offices of the supreme court or court of common pleas, as is by law provided, and shall afterwards withdraw or discontinue his suit before the sitting of the court, but after answer filed, the defendant in such case shall recover his costs.

SEC. 9. Whenever several persons shall be made defendants in an action of trespass or ejectment, and the same shall be discontinued as to any one or more of said defendants; or if upon the trial thereof, any one or more of them shall be acquitted by verdict, or upon a demurrer, every defendant so discharged or acquitted, shall have and recover his costs.

SEC. 10. In all civil actions brought by or against a firm, company, or copartnership, and where there is a joint cause of action, or joint defence, costs for travel, and attendance of one only of the parties recovering judgment shall be taxed.

SEC. 11. In all actions on promissory notes in the name of the notes assigned, assignee or endorsee of the note against the original promisor, no more costs shall be taxed than would by law be taxable if such action had been brought in the name of the payee of the note.

Witness' fees, how taxed, if no certificate.

Double costs, when may be

given against appellant from judgment on bond, note, or bill of exchange.

When, in case

course.

SEC. 12. Unless the certificate of a witness, for his attendance and travel, be filed with the clerk of a court or justice court rendering judgment, within four days after the rendition of judgment in the cause in which he shall have attended, or been summoned, no more fees shall be taxed in favor of the party procuring such witness than his travel, and one day's attendance.

SEC. 13. The appellee, in any case appealed from the court of common pleas to the supreme court, brought upon any bond or promissory note for money, or upon any bill of exchange against the acceptor thereof, whether interest be payable thereon or not, who shall recover in the supreme court, shall recover double costs in said court, and double interest on the debt from the day of the judgment of the court of common pleas appealed from, to the time of the final trial in the supreme court: Provided, that if the supreme court on such final trial shall be satisfied that the appellant had reasonable ground of defence, and that such appeal was not solely for delay, they shall allow only single interest from the day of the judgment of the court of common pleas appealed from, to the time of such final trial, with single costs.

SEC. 14. If in any action for such cause originally brought in the of new trial, of supreme court a verdict be recovered by the plaintiff, and a motion for a new trial be filed therein by the defendant and allowed as of course, and judgment be afterwards rendered in favor of the plaintiff upon verdict, by default or on submission, the defendant may, in the discretion of the court, be adjudged to pay double costs and double interest on the debt accruing or taxable after the filing of such written motion.

Costs, by whom taxed.

SEC. 15. All bills of costs shall be taxed by the clerks of the

respective courts, and shall be examined and allowed by one of the justices thereof.

when made.

SEC. 16. The justice of any court who shall examine and allow Disallowance any bill of costs shall strike out and disallow any sum that may be of items of, taxed or demanded for the expense of any witness, or any evidence whatsoever that shall appear to such justice overcharged, frivolous, or not material to the issue of the cause; and no costs shall be allowed for any written evidence unless the fees be noted thereon, or certified by the officer who issued or made out the same.

SEC. 17. Costs taxed in the court of common pleas may be revised, in case of appeal to the supreme court, in the taxation of costs there.

Revision of costs, when.

Award of, and

SEC. 18. In all appeals from any order, determination, or decree of any court of probate to the supreme court, the supreme court, on apportionment of costs, on ap rendering judgment therein, may award costs for or against the appel- peals from lants or appellees, or for neither, or may apportion the same between courts of proand among the parties appellants and appellees, in their discretion, according to the circumstances of the case, and as to them shall appear equitable and just.

bate.

CHAPTER 207.

OF APPEALS IN CIVIL CASES AT COMMON LAW, AND OF NEG-
LECT TO PROSECUTE THE SAME.

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court of com

civil action, how taken.

SECTION 1. Any party aggrieved by the judgment of any justice Appeal from a court rendered in any civil action may appeal therefrom to the next justice court to term of the court of common pleas, to be holden in the same county, mon pleas in for a final hearing of said action: Provided he shall, within five days after rendition of such judgment, pay costs and give bond in such justice court to the other party, in a sum not exceeding fifty dollars, with sufficient surety or sureties, to prosecute such appeal with effect, or in default to pay costs.

to supreme

SEC. 2. Any party defendant aggrieved by the judgment of the court From court of of common pleas in any civil action originally brought in said court, common pleas bringing into question the title to real estate, or any right, easement, court, when to or interest therein, or in which the debt or damages or value of the be taken by property claimed shall amount to the sum of one hundred dollars defendant. upwards, may appeal to the supreme court at the term thereof next to be holden in the same county after the expiration of five days from

or

By plaintiff, when.

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the rising of the court of common pleas at said term, except that in the county of Providence such appeal shall be to the supreme court at the term thereof next to be holden after the expiration of fifteen days after the rendition of such judgment.

SEC. 3. Any party plaintiff thus aggrieved by the judgment of the court of common pleas, in any civil action bringing into question the title to real estate, or any right, easement, or interest therein, or in which the debt or damages or value of property claimed shall amount to the sum of one hundred dollars or upwards, may, in like manner, appeal from any judgment rendered therein: Provided, that if upon such appeal he shall not recover in the supreme court the sum of one hundred dollars or upwards, or property to the value of one hundred dollars or upwards, exclusive of costs, he shall recover no costs in such action, unless the title to real estate, or to some right, easement, or interest therein, be brought in question in such action. SEC. 4. In case of such appeal, and as the condition thereof, the appellant shall give bond in the clerk's office of the court of common pleas appealed from, in the sum of one hundred dollars, within five supreme court. days after the rising of said court at the term in which judgment therein shall have been rendered against him, in any county other than the county of Providence, and in that county within five days after the rendition of such judgment, to prosecute his appeal with effect, and in default thereof to pay costs.

Appeals, how taken, from court of com

mon pleas to

Costs to be paid down, when.

Reasons of appeal and copy of case, when to be filed.

Of special leave to file reasons of appeal.

Appeal, how to be tried.

Of proceedings in case of neglect to enter appeal.

Same subject.

SEC. 5. If judgment be rendered upon any bond for money, or upon any promissory note for money, or upon any bill of exchange against the acceptor thereof, whether interest be expressed to be payable in the same or not, the appellant shall pay down the costs of the court of common pleas, and give bond to prosecute the appeal so made.

SEC. 6. The appellant shall, in all cases, file his reasons of appeal in the clerk's office of the court appealed to, at least ten days before the sitting of such court; and shall, at the time of entering his appeal, file in the same office a certified copy of the whole case.

SEC. 7. If any party appealing to the supreme court or court of common pleas, shall through mistake, accident, or misfortune, omit to file his reasons of appeal at the time prescribed as aforesaid, the said courts respectively, in their discretion, on sufficient cause being shown therefor, may, at the term of the court appealed to, permit such party to file his reasons of appeal in court, on such terms as they shall prescribe.

SEC. 8. If the appellant in any case of appeal shall enter his appeal in the court appealed to, the cause shall be tried and decided in the same manner as if both parties had appealed, and both parties shall have the benefit of any new and further evidence.

SEC. 9. If the appellant shall neglect to enter his appeal as by law required, the adverse party, in case he did not also appeal, may at any time during the term appealed to, or at the next succeeding term, enter his complaint and obtain a confirmation of the former judgment, as of the third day of the said term, with double interest from the time of the rendition of the judgment appealed from, to said third day, if damages were therein given, and double costs.

SEC. 10. In case of such neglect, if the court appealed to shall be satisfied that the appellant had reasonable grounds of appeal, and that the appeal was not taken solely for delay, single interest on the damages, and single costs only, shall be required of him.

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SECTION 1. Every person aggrieved by the sentence of any justice court on any complaint, for any offence which is or shall be within the jurisdiction of such court to try and determine, may appeal from such sentence to the court of common pleas then next to be holden in the same county, after ten days: Provided, such appeal be claimed within five days after passing such sentence. Such appeal may be claimed at the jail, from any justice of the supreme court, or from any trial justice or clerk of a justice court, or from any justice of the peace authorized to take bail at the jail in certain criminal cases; and such recognizance shall be taken by the person authorized thereto, as is hereinafter provided.

SEC. 2. Upon every claim for appeal, the appellant shall be required to give recognizance in such sum as the person authorized to take such recognizance shall direct, and with surety to the satisfaction of such person, with condition, that he will file his reasons of appeal, together with a copy of the whole case, in the court appealed to, on or before the second day of the next term thereof as aforesaid, that he will appear before said court and there prosecute his appeal with effect, and abide or perform the order or sentence of said court in such case, and that he will in the mean time keep the peace towards all the people of this state; which recognizance the person taking the same shall forthwith certify to the court appealed to.

SEC. 3. Upon the neglect of such appellant to give such recognizance, he shall forthwith be committed to the jail in the same county, there to remain until he give such recognizance or be discharged pursuant to law: Provided, however, that whenever such appellant shall have performed sufficient labor in such jail, so that the sum earned by him thereby is equal to the amount of the fine and all the costs in the case in which he is committed, including all costs accruing at such jail, and he shall have served the full time of imprisonment for which he may have been sentenced, the jailer shall apply the amount so earned by him to the settlement of such fine and costs; and the said appellant shall then be discharged.

SEC. 4. If such appellant, having given recognizance, shall neglect to file a copy of the whole case in the court appealed to, on or before the second day of the next term thereof, he shall be defaulted in the appellate court on the recognizance, and the appellate court shall forthwith certify such neglect to the justice court, from whose sentence the appeal was taken; and such justice court shall thereupon deliver to the attorney-general a certified copy of the whole case,

Appeal from sentence of a justice court in criminal action, to what court, when, and how

to be taken.

Recognizance,

what, and how to be given.

Appellant neg lecting to give recognizance, ted, and for what period.

to be commit

Neglecting to file copy of case in appellate court, recognizance of,

how to be proceeded with.

Power of appellant to pay fine and costs, and be discharged from recognizance of appeal.

Appeal, how tried, &c.

which shall be by him filed and entered in the appellate court; and the proceedings thereon in the appellate court shall be the same, and shall be conducted in the same manner, as if the appellant had filed such copy on or before the second day of such term.

SEC. 5. Such appellant, having given such recognizance, may at any time before the reasons of appeal are by law required to be filed pay to the trial justice or to the clerk of the justice court, from whose sentence the appeal shall have been taken, the fine and costs which shall have accrued; and thereupon the said justice court, or clerk thereof, shall discharge the recognizance taken upon the appeal; but if the recognizance shall have been certified to the court appealed to, the same shall be discharged by such court, or the clerk thereof, upon the presentation of the certificate of the justice court appealed from that the fine and costs have been paid.

SEC. 6. Such appeal shall be heard and tried in the appellate court with a jury, and the judgment or sentence of the court of common pleas therein shall be final, except in matters of law.

CHAPTER 209.

OF TAKING QUESTIONS OF LAW, IN CASES CIVIL AND CRIM-
INAL, TO THE SUPREME COURT.

SECTION

1. Act of general assembly to be de-
clared constitutional in first in-
stance, except in supreme court.
2. In case of judgment against party

raising constitutional question,
cause how and when to be certi-
fied to supreme court, for decid-
ing constitutional question.
3. Obligation of parties to follow
cause, and right to be heard in
question raised.

4. Of hearing question in supreme
court, and proceedings in cause.
5. Obligation of parties to follow
cause back, without notice.
6. Of recognizance to be given by
party raising constitutional
question in a criminal cause,
and effect of refusal to give.
7. Consequence of party raising ques-
tion, not appearing in supreme

court.

8. Expenses of determining constitu-
tional question to be taxed in

costs.

9. Right of appeal in case in which
constitutional question raised,
saved, and when and how to be
exercised.

SECTION

10. Rulings of court of common pleas in matter of law, when and how to be reheard in supreme court, 11. Rulings of special court of common pleas in matter of law, when and how.

12. Bond to be given by defendant in

special court case, in case of
question of law taken to su-
preme court.

13. Bill of exceptions, how to be
drawn, and when to be pre-
sented for allowance.
14. Of extension of time for presenta-
tion of exceptions.

15. Remedy in case judge refuses to
allow bill of exceptions.
16. Bill of exceptions, when and where
to be filed.

17. Of bond or recognizance to be
given by party taking question
of law to supreme court.
18. Power of supreme court to affirm
or reverse judgment below, in
such case, and of proceedings
thereon.

19. Proceedings in case of neglect to
enter and file copy in supreme

court.

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