the bound volumes deposited with the Rhode Island Historical Society for the northern district, or with its cabinet keeper, under the provisions of chapter three, sections seven and eight, certified by the said cabinet keeper, shall be of equal value with the paper itself; and said cabinet keeper shall be entitled to the same fees for copies and certificates allowed by law therefor to town clerks. SECTION 1. The supreme court and court of common pleas may permit the parties in any suit pending in said courts respectively, to enter into a rule of such court to refer such suit to the decision of one or more referees, to be agreed upon by the parties; and also to refer in the same rule, any other actions or causes of action that may subsist between them, either jointly or severally, generally or specially. SEC. 2. Though no suit be brought, said courts shall have power to permit any persons who may have causes of action subsisting between them, to enter a rule of said court, to refer the same to a decision of a referee or referees as aforesaid, generally or specially. SEC. 3. The parties to any rule may agree upon the time and manner of making report and of issuing execution on the judgment that may be rendered thereon, conforming to law; and every such agreement, made in manner aforesaid, shall be conclusive upon the parties; and the court shall render judgment upon the report of the referees conformable thereto, and issue execution accordingly. SEC. 4. The court may, at any time, in their discretion, or on motion of either party, discharge a rule or recommit a rule and report to the same referees; but a rule shall remain in full force until so discharged, and shall be so continued from term to term until report shall be made thereon. SEC. 5. Any persons having any action or cause of action sub sisting between them, may file with the clerk of the supreme court or court of common pleas in the county where either or all of them reside, in the vacation of the said courts, a petition, setting forth said facts, and that they have mutually agreed to refer the same to the decision of certain persons named therein as referees; whereupon the clerk shall enter said petition on the docket of the business of said court for the next term; make out a writ to said referees, annex thereto or embody therein said petition, which shall authorize them to hear and determine said dispute, with the same powers, in the same manner and with the same effect as though said petition had been filed in open court. SEC. 6. The report of referees made under a petition and rule entered in vacation, shall be made to the next or some other term of the court in which the same are entered: and the court shall have the same power over a petition and rule so entered, as if entered in open court. SEC. 7. The parties to any suit that may be pending before any justice of the peace shall have a right to enter into a rule to refer the same, and to include therein any other demands between them, not exceeding in the whole on either side, the amount of twenty dollars, and in which the title to real estate shall not be concerned; and the justice shall have like power, and similar proceedings shall be had thereon, as are given and prescribed in this chapter respecting rules that may be entered in the supreme court and court of common pleas. SEC. 8. Each referee, before he proceeds to the business of the reference, shall take an oath faithfully and impartially to hear and examine the cause, and make a true and just report, according to the best of his skill and understanding; which oath may be taken before any judge of any court of record, or any justice of the peace or public notary. SEC. 9. Referees and arbitrators shall have power to administer oaths to all witnesses in any matter tried before them, and shall also have power to compel the attendance of witnesses before them, in the same manner and by a similar process as courts of record are authorized to compel the attendance of witnesses; and any summons for witnesses may be issued and signed by any one referee or arbitrator, or by the clerk of the court from which the rule is issued. SEC. 10. In all actions relative to partnerships and all other joint accounts, and in all actions involving matters of book account, the supreme court and court of common pleas are authorized and empowered upon motion of either party, to appoint an auditor or auditors, who shall have the same powers, and be sworn, and proceed in the same manner as auditors in a proper action of account; and the court upon the reception and allowance of the report of the auditor or auditors, shall render judgment in pursuance thereto. SEC. 11. The supreme court shall appoint in each county one or more standing masters in chancery, to hold office during the pleasure of the court; and said court shall have power to make all such rules and orders with regard to proceedings by and before such masters, their reports, and exceptions to, and hearings on the same, as to them shall seem expedient. SEC. 12. Masters in chancery, auditors and referees, duly appointed, shall have the same power to issue writs of protection to parties and witnesses in matters pending before them, as is possessed by the courts from which they derive their appointment; and the signing of such writs by any one master, auditor or referee, who has been duly sworn, shall be sufficient. CHAPTER 189. OF JUDGMENTS, AND OF INTEREST ON JUDGMENTS, VERDICTS, AWARDS AND REPORTS. SECTION 1. Judgment of court, when to be entered, and time of, how noted. 2. In actions for breach of bond or for penalty of agreement, judgment how to be entered. 3, 4 and 5. Execution in such case, for how much, and how to issue. 6. Action for covenant broken in such case saved. SECTION 7. Judgment in ejectment on mortgage, 8. Of set-off of judgments. 10. Of interest on verdicts, awards and re- SECTION 1. Every judgment shall be entered as of the last day of the term in which it is rendered, unless there be an express order of the court for the entry thereof on some other day; in which case the day shall be noted by the clerk on his docket. SEC. 2. In all actions brought for the breach of the condition of a bond, or to recover a penalty for the non-performance of any covenant, contract or agreement, when it shall appear by verdict, default, submission or otherwise, that the condition is broken or the penalty forfeited, judgment shall be entered in the common form for the penal sum, but no execution shall issue thereon, except as is provided in the two following sections. SEC. 3. The court shall award an execution in such case for so much of the penal sum as shall then be due and payable in equity and good conscience, for the breach of the condition, or other nonperformance of the contract, which sum shall be ascertained and determined by the court, unless either party shall move to have it assessed by a jury, or unless the court shall think it proper to have the question so decided; in which case the sum so due shall be assessed by a jury. SEC. 4. If any further sum shall afterwards become due on such bond or other contract, the plaintiff, or his executor or administra tor, may have a scire facias on the judgment from the court in which it was rendered, against the original defendant, or his executors, administrators, heirs, devisees or assigns, as the case may be, suggesting such further breaches of the contract as shall have occurred, and summoning the adverse party to show cause why execution should not be awarded upon the judgment for the damages caused by such further breaches. SEC. 5. The sum due in such suit shall be assessed and determined in the same manner as in the original suit, and execution shall be awarded accordingly; and the like proceedings may be repeated upon occasion of any further breaches of the same contract, as often as they shall occur, until the whole of the penalty is exhausted. SEC. 6. Nothing herein contained shall prevent any person from bringing an action for the breach of any covenant or other contract, instead of suing for the penalty by which the performance of the covenant or contract may have been secured. SEC. 7. In every action of ejectment or trespass and ejectment for possession of any real estate mortgaged, in which the defendant by his plea shall aver a right of redemption in himself or in the person under whom he claims, which averment shall not be traversed by the plaintiff, or if traversed shall be found true, the court before which the same shall be pending shall, by themselves or by one or more judicious and disinterested men, by them appointed, ascertain, according to the rules of equity, the just sum due on such mortgage; and shall thereupon render a conditional judgment, that if the mortgagor, his heirs, executors, administrators or assigns, shall pay unto the plaintiff in such action, or deposit in the clerk's office for him, the sum adjudged due as aforesaid, within two months from the time of entering up judgment, with interest, then the mortgage or deed operating as such, shall be void and discharged, otherwise that the plaintiff shall have his writ of possession. SEC. 8. Whenever any court shall, at the same term, render final judgment for debts or damages in two or more personal actions, in which the parties shall be reversed and shall sue and be sued in the same right and capacity, such court shall set off the debts or damages recovered in such judgments, and shall issue execution for the balance only, in favor of the party to whom it shall be due, with costs, if costs were recovered, and for costs only, if no balance upon such set-off be left; and a separate execution shall be issued in favor of the other party for costs, if costs were recovered by him. SEC. 9. Every judgment for debt or damages to the amount of twenty dollars or upwards shall draw interest on such debt or damages, from the time of its rendition to the time of its discharge. SEC. 10. Verdicts, awards of referees, and reports of masters in chancery, or of auditors ascertaining amounts of twenty dollars or upwards due from party to party by way of debt or damages shall, if, and in so far as confirmed by judgment or decree, draw interest on such debt or damages, if of the amount of twenty dollars or upwards; if a verdict, from the time the same is rendered, and if an award or report, from the time the same is dated or made up: Provided, there be nothing in the verdict, award or report to the contrary thereof, or plainly inconsistent therewith. CHAPTER 190. OF COSTS, DOUBLE COSTS AND DOUBLE INTEREST, AND OF TAXATION OF COSTS. SECTION 1. In general, prevailing party recovers. 4. Of costs, in actions for slander, mali- 5. In actions of assumpsit, trespass and case, when appealed. 6. In cases triable before single justice in vacation. 7. In case of discontinuance by plaintiff. 8. In actions of trespass or ejectment against two or more, and discontinuance as to, or judgment in favor of, one. SECTION 9. Travel and attendance, how taxed in case of partners. 10. In actions on promissory note assigned, costs, how taxed. 11. Witness's fees how taxed, if no certi- 12. Double costs, when may be given 15. Disallowance of items of, when made. SECTION 1. In civil causes at law, the party prevailing shall recover costs, except where otherwise specially provided. SEC. 2. In all actions of partition, the court before which the same may be pending, may adjudge and determine as to them shall appear equitable and just, relative to the apportionment of costs among the parties, plaintiff and defendant, by dividing the same equally or subjecting either party to the payment of the whole or any part thereof. SEC. 3. The supreme court and court of common pleas shall have power to divide or apportion between the parties in a suit pending, the fees of surveyors and other persons performing services therein by direction of the court. SEC. 4. In all actions of the case for slanderous words or malicious prosecution, and in all actions for trespass for assault and battery or imprisonment, that shall be commenced in the supreme court or court of common pleas, if the court or jury who shall finally assess the damages in such case, shall assess the same at a less sum. than seven dollars, the plaintiff in such case, shall recover no more costs than damages. SEC. 5. In all actions of assumpsit, trespass or trespass on the case in which judgment is rendered on appeal, the court rendering judgment may award costs for or against the plaintiff or defendant, |