Bonds of, to whom and in what name given. In whose name sued. Who entitled SECTION on, and of judgment, if several 11. Power of court to permit persons 12. Who may bring scire facias on 13. Suits or judgments on, no bar to SECTION bar to suits for different claimants, &c. 15. Of suits on, for the benefit of all concerned. 16 and 17. In what cases such suits brought. 18. Of judgment and chancerization in such suits. 19. Amount recovered in such suits, how and by whom to be applied. SECTION 1. In all cases where bonds are required by law to be given to any court of probate, they shall be given to such court by name, and not to the individuals who may, at the time, constitute the same, and all bonds so given shall be recorded by the clerk of such court, in a book to be by him kept for that purpose. SEC. 2. Such bonds shall be sued in the name of the court, and not in the name of the individuals composing it. SEC. 3. Every person interested in a bond given by an executor to copy of, and or administrator to a court of probate shall be entitled to a copy thereof, and to sue thereon in the name and style of the court to which the bond is given. to sue on. Writ, how to be endorsed, and who to secure costs. Requisites of suit on by creditor, if estate solvent. Requisites, if estate insolvent. Requisites of suit on, by heir. Judgment in suit on. Chancerization of. SEC. 4. The writ, in addition to the usual endorsement of the name of the plaintiff or his attorney, shall also have the name or names of the person or persons for whose benefit the suit is brought, written thereon; who shall give security for costs as in other cases, and against whom, if the defendant recover, execution for his costs shall issue. SEC. 5. If the suit be brought by a creditor of the deceased, he shall, in order to maintain his action, first have his debt or damages ascertained by judgment, unless the estate be insolvent, and also prove that demand had been made of the executor or administrator therefor, and that the executor or administrator had refused or neglected to satisfy the same, or to show goods or estate of the deceased for that purpose. SEC. 6. If the estate of the deceased be insolvent, the creditor shall produce a copy of the order of distribution of the estate of the deceased amongst the creditors specifying each creditor's claim, and the dividends they are severally entitled to, and prove that a demand has been made of the executor or administrator for his particular dividend. SEC. 7. If the suit be brought by an heir, for his part of the personal estate, he shall exhibit a copy of the decree of the probate court, ascertaining its amount, and that he has made a demand therefor upon the administrator. SEC. 8. Whenever it shall appear by verdict, default, submission, or otherwise, that the penalty of such bond is forfeited, judgment shall be entered in common form for the whole penalty; and such judgment shall, as in other cases, be a security for all interested. SEC. 9. Upon a hearing in chancery upon such forfeiture, the court shall examine the claims of the several parties whose names are endorsed upon the writ, and judgment shall be rendered for such parties respectively, for the amount so ascertained to be due to each; "that the court of probate of now have execution for being part of the penalty forfeited and costs taxed for the use of of in the at county of (as the case may be)." SEC. 12. After judgment for the penalty of such bond, any person interested, upon giving security for costs as in other cases, may sue out a scire facias on such judgment, and, upon proof of his claim as aforesaid, may have judgment as aforesaid that an execution issue to his use. SEC. 13. No suit or judgment on such bond shall abate or bar any suit thereon, against any obligor against whom no suit has been commenced, or judgment rendered. SEC. 14. A judgment in favor of the obligors shall, in no case, bar any suit thereon for the benefit of a different claimant, or of the same claimant for a different claim. SEC. 15. Besides suits brought for the benefit of particular claimants as aforesaid, a suit for the benefit of all concerned in the estate may be brought on such bond, at the instance of any party interested, who shall give security for costs to the defendant on the writ, and satisfactory bond to the court of probate, securing such court against expenses and costs, in which case, endorsement that the suit is brought for the benefit of all interested in the estate shall be made upon the writ. SEC. 16. Such suit may be brought whenever it shall appear that the admininistrator, or the executor not being residuary legatee or not having given bond to pay debts and legacies, has received personal estate of the testator or intestate, and has not, after being cited by the court so to do, exhibited upon oath a particular inventory thereof. Who deemed Power of court to permit persons interested to become parties to pending suits. Who may bring scire facias on judgment on. Suits, &c., on, no bar to suits against other obligors, &c. Judgment for obligors, &c., no bar to suit, &c. Of suits on, for the benefit of all concerned In what cases such suit SEC. 17. Such suit may be brought if the executor or administra- Same subject. tor, after being cited by the court so to do, shall refuse or neglect to account, upon oath, for the property of the testator or intestate by him received, or then in his hands. zation in such SEC. 18. In the cases mentioned in the two sections next preced- Of judgment ing, judgment shall be rendered against the executor or administra- and chanceritor so in default, for the full penalty of such, bond; and upon hear- suits. ing in chancery upon such forfeiture, the court shall award execution against such executor or administrator, in favor of the court of probate, for the full value of the personal estate of the deceased proved to have come to his hands, or, in case he has once accounted, remaining or being in his hands at and since the last accounting, without any discount, abatement, or allowance for charges and expenses of administration. SEC. 19. In case of such recovery, the amount so recovered shall be deemed to be the property of the testator or intestate; and, after 26 Amount recov ered in such suits, how and by whom to be paying therefrom all expenses of recovery, shall be administered applied. through the intervention of a new administrator, to be appointed for that purpose. TITLE XXV. OF THE JUDICIARY AND ITS OFFICERS. CHAPTER 181. Of the supreme court. CHAPTER 182. Of the court of common pleas. CHAPTER 183. Of the terms of the supreme court and court of common pleas, and of the adjournment thereof. CHAPTER 184. Of special courts of common pleas and of proceedings 1 herein. CHAPTER 185. Of justice courts, their organization and civil jurisdiction. CHAPTER 186. Of the criminal jurisdiction of, and of certain criminal proceedings before, justice courts. CHAPTER 187. Of clerks of the supreme court and court of common pleas. CHAPTER 188. Of the reporter and reports of the decisions of the supreme court. CHAPTER 189. Of jurors and juries. CHAPTER 190. Of sheriffs, deputy sheriffs, and jailers. CHAPTER 191. Of the keeper of the jail in the county of Providence. 1. Justices of, how many, how ap- 2. Of oath of justice of. 3. Jurisdiction of court in pleas and SECTION judgments, &c., execution and process. 4. Equity powers of. 5. Power of, to frame issues of fact to be tried by a jury, subject to rules of chancery. 6. When to be open for equity pur poses. 7. Interlocutory orders, &c., in equity how and when made, and with what effect. 8. Orders and writs of injunction, how made and issued. 9. What proceedings in equity may be heard in any county. 10. Notice of hearing in equity, in SECTION what cases must be given to adverse party. 11, 12, 13, 14, 15, and 16. Power of court, or justice of, over assign- 17, 18, and 19. Power of assignee ap- 22. Original concurrent jurisdiction 23. Limitation of affidavit which may be required of a defendant to entitle him to a jury trial. 24. Power of supreme court to prescribe forms of writs. 25. Power of, to order service of pro cess out of the state. SECTION 26. Appellate and original concur- cases. 27. Exclusive criminal jurisdiction 28. No indictments to be found in the 30. Power of, to arraign, require to 31. Duty of, to instruct petit jury; of testimony. 32. Power of, to punish persons con- 33. Justices of, conservators of the SECTION 1. The supreme court shall consist of a chief justice and three associate justices, to be elected, commissioned, and to hold their offices as prescribed in the constitution, and any two justices thereof shall constitute a quorum. SEC. 2. Each of said justices shall, before he proceeds to execute any of the duties of his office, take the following engagement: I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution and laws of this state; that I will adminster justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge and perform all the duties incumbent on me as chief justice (or as one of the associate justices, as the case may be) of the supreme court, according to the best of my abilities, agreeably to law; so help me God; (or, this affirmation I make and give upon peril of the penalty of perjury.) SEC. 3. The supreme court shall have:Cognizance of all pleas, real, personal, and mixed, and of all civil actions between party and party, and between the state and citizens thereof, and of all criminal proceedings which may be legally brought before it ; Exclusive authority to issue writs of error, certiorari, mandamus, prohibition, quo warranto, or to entertain informations in the nature of a writ of quo warranto, and may issue writs of habeas corpus, and all other writs and processes, to courts of inferior jurisdiction, to corporations and individuals, that shall be necessary to the furtherance of justice, and to the due administration of the laws; Exclusive cognizance and jurisdiction of all petitions for divorce, separate maintenance, alimony, and custody of children, with all incidental powers necesssary to the proper discharge of its duties therein according to law; power of, to administer oaths, punish contempts, and make rules and orders, &c.; power of, to award judg ments, &c., execution and process. Equity powers of. Power of, to frame issues of fact for jury trial, &c. When to be Power to punish by fine or imprisonment all contempts of authority, in any cause or hearing before them; to make rules and orders for said court, and the court of common pleas, directing the returning of writs and processes, the filing of pleadings, the taking of rules, the entering and making up of judgments, the custody, deposit, investment, and payment of moneys, in the registry of the court, and other matters, in vacation or otherwise, in manner not repugnant to law; to regulate the practice before said court as shall be fit and necessary for the advancement of justice, and especially to prevent delay in proceedings; and to establish rules for the admission of attorneys to practise in the courts in this state; Power to make and award all such judgments, decrees, and orders, and to issue all such executions and other writs and processes, and to do all such other acts, as may be necessary or proper to carry into full effect all the powers and jurisdiction, whether original or appellate, which are or may be given to them by the constitution or by law. SEC. 4. The supreme court shall have exclusive cognizance and jurisdiction of all suits and proceedings whatsoever in equity, with full power to make and enforce all orders and decrees therein, and to issue all process therefor according to the course of equity. SEC. 5. The court may frame, in its discretion, issues of fact to be tried by a jury, according to the course and subject to the rules o chancery. SEC. 6. The supreme court shall be always open, except on Sunopen for equity days and legal holidays, for hearing and for making, entering, and modifying orders in equity, and issuing writs therein. purposes. Interlocutory orders, &c., in equity, how and when made, &c. Orders and SEC. 7. Any justice of the supreme court may pass rules, and make any orders and decrees in equity, except final decrees. Said court in any county may by rule authorize the clerk to enter up interlocutory decrees and orders when of course, subject to be set aside or varied upon application and notice by a single justice of said court in vacation, or by the said court in term time. SEC. 8. Any justice of said court may, at any time, according to writs of injunc- the course of courts of equity, and after such rules as to notice as the court may prescribe, make orders, and issue writs of injunction. tion, when made and issued. What proceed ings in equity may be heard in any county. Notice of hear SEC. 9. Suits and all proceedings in equity, except the trial of an issue of fact to the jury, pending in one county, may, by order of the court, or any justice thereof, be heard and determined in any county, and all orders and decrees made in such hearings shall be transmitted to the clerk of the court in the county where such suit shall be pending, to be there filed and entered of record. SEC. 10. No suit or motion in equity shall be heard, except a moing, when must tion for preliminary injunction, or for a writ ne exeat, until reasonable notice of such hearing shall have been given to the adverse party or to his attorney. be given adverse party. Power of court or justice of, over assignees under assignments of debt SEC. 11. The said court in term time, and either of the justices thereof in vacation, may, upon the petition of any creditor interested in a deed of assignment made by a debtor for the benefit of creditors, upon due notice and for cause shown, by summary order, require the ors, to require assignee or assignees named in such deed to render on oath to said court or justice an inventory of the effects, estates, and credits conveyed by such deed, so far as the same can be ascertained, and to give bond with sufficient surety or sureties to the satisfaction of said court or justice for the faithful performance of the trusts of such deed. SEC. 12. Such bond shall be given to the clerk of said court for the inventory and bond. |