rarily committed, &c.

Process, how may be varied in Providence county.

Fees and board of prisoners to

go to state.

Of judgment and execution on keeper's bond.

Action, &c., on

by individual,

&c., how brought, and execution, how issued, &c.

Duties and liabilities of keeper.

Duty of, upon habeas corpus to bring up prisoner.

How removable.

Who ex officio keeper of, in Providence, in case of vacancy.

Keeper to deliver books, papers, &c., to

successor.

one county to another, under direction of the supreme court. The officer having charge of such prisoners shall certify their commitment and discharge upon the books of said jail, and the warrant of such officer, left with the jailer during such prisoner's detention, shall be a sufficient protection to him therefor.

SEC. 8. The form of all process, writs, and executions to be served within the county of Providence shall be so varied by the court or magistrate issuing the same, as to carry into effect all the provisions in relation to said jail.

SEC. 9. All fees that may accrue to the keeper of said jail shall be credited to the state in his account of credits and disbursements, and also the amount of money received for board of persons committed to his charge.

SEC. 10. Upon suits brought for breach of the keeper's bond, judgment shall be rendered for the whole penalty thereof, and execution shall issue for the amount of the special damage sustained, which judgment, in case of other breach or breaches, shall be from time to time revived by writs of scire facias, and execution shall issue for the damages assessed.

SEC. 11. If the original action be brought on said bond, or scire facias be sued out upon the judgment thereon, for the benefit of an individual or corporation, such individual or corporation shall first have the damages ascertained by an action against the keeper of the jail aforesaid; and execution shall issue as aforesaid in the name of the state, for the use of the party in interest; and the name of the party for whose use the original writ or sire faccias is brought shall be written thereon.

SEC. 12. In general, all the duties and liabilities incumbent upon jailers in other counties shall be incumbent upon said keeper, unless otherwise expressly or by necessary implication provided.

SEC. 13. Whenever said keeper shall be ordered by writ of habeas corpus to bring a prisoner confined in said jail before any court, it shall be the duty of said keeper to produce such prisoner before the court issuing such writ, who shall order such prisoner into the custody of the sheriff or other officer attending the said court, and thereupon the custody of said keeper shall cease, until such prisoner shall be again conducted to said jail by order of the court before whom such prisoner shall be brought.

SEC. 14. Such keeper shall be removable by the inspectors of the state's prison at pleasure.

SEC. 15. In case of vacancy in the office of keeper by death, resignation, or otherwise, and until the bond of the new keeper is given, the sheriff of the county of Providence shall be ex officio keeper of the jail in the county of Providence, and shall be entitled to receive such compensation as belongs to said office.

SEC. 16. Whenever any person shall cease to hold said office of keeper, he shall deliver to his successor in office all books, bonds, notes, obligations, and other papers in his possession, pertaining to said office, and on refusal to deliver the same on demand, shall be fined not less than fifty dollars, nor more than five hundred dollars.

SECTION 1. Whoever shall be legally chosen to the office of town sergeant, and shall refuse to serve therein, shall pay a fine of seven dollars to and for the use of the town, to be levied and collected, upon conviction, by warrant of distress issued by any justice of the peace of such town, said warrant to be directed to the sheriff of the county or his deputy; and no person shall be obliged to serve in said office oftener than once in seven years.

Penalty for

not serving, itation on duty &c., and limto serve.

constable.

SEC. 2. Every town sergeant and constable shall, at the time of Bond of town his being sworn into office, give bond with sufficient sureties to the sergeant and town treasurer in the sum of one thousand dollars, for the faithful performance of the duties of his office.

SEC. 3. Town sergeants and constables may and shall serve and execute, in any town of the county to which they belong, all writs, summons, and other processes to them directed, and which by law may or ought to be served and executed by town sergeants and constables, unless otherwise specially provided.

SEC. 4. If any town sergeant or constable shall neglect or refuse to serve any process, issuing from lawful authority, directed to him to serve and execute, having, in all civil cases, paid or tendered unto him his legal fees if he demand the same, for serving and executing such process, every such town sergeant or constable shall be liable to the party aggrieved for such damages as he may have sustained by such neglect or refusal.

Duty of, as to service of pro

cess.

Liability of, for neglect,

&c., to serve.

SEC. 5. Every town sergeant and constable, in the due execution Power of to of his office, is empowered to command all necessary aid and assist- command aid; ance in the execution of his said office; and if any person, when so penalty for rerequired, shall refuse or neglect to give such aid and assistance, he fusing. shall be fined not exceeding twenty dollars.

SEC. 6. Any person injured by the breach of any town sergeant's Bond of, how or constable's bond may commence an action thereon in the name of sued.

the town treasurer of the town, for his own use, under like circumstances, and in the same manner, and subject to the same provisions, as he might do in the name of the general treasurer upon a bond given by the sheriff, if he were injured by the breach thereof.

TITLE XXVI.

OF ACTIONS AND PROCESS.

CHAPTER 193. Of actions.

CHAPTER 194. Of the limitation of actions.

CHAPTER 195. Of writs, the forms thereof, and when issuable. CHAPTER 196. Of the service of writs.

CHAPTER 197. Of certain provisions concerning attachments. CHAPTER 198. Of exemptions from arrest and from attachment.

Suits in law and equity concerning real property, in what county brought.

SECTION 1. All actions and suits, as well at law as in equity, which concern the realty, or any right, easement, or interest therein, or the possession thereof, all actions of trespass for the breaking and entering the close of any plaintiff, and all other actions in which title to real estate may be tried and determined, shall be brought in the county in which the land lies. SEC. 2. All other actions and suits shall be brought either in the Other actions, in what county. county where the plaintiff or defendant, or some one of the parties plaintiff or defendant shall dwell, or in the county in which the defendant, or some one of the parties defendant shall be found. SEC. 3. If no one of the parties plaintiff' or defendant shall dwell Where, if parin this state, such personal or transitory action may be brought in any county.

SEC. 4. Personal or transitory actions brought by or against corporations shall be brought either in the county in which the other party, or some one of the other parties dwells, or in the county in which the defendant or some one of the parties defendants shall be found, or in which the corporation is located by its charter, or if not located by its charter, in which the annual meetings of the corporation are required to be, or, if not required to be, are actually holden.

SEC. 5. If no one of the parties plaintiff or defendant dwells within the state, and the corporation be established out of this state, such personal or transitory action by or against it may be brought in any county.

SEC. 6. All actions brought on any promissory note in the name of the assignee or endorsee, against the original promisor, shall be brought in the same county in which the action ought by law to be brought if no assignment or endorsement of such note had been made.

SEC. 7. All actions brought in other counties than is provided by the preceding sections of this chapter shall be abated. SEC. 8. No action shall be brought, First. Whereby to charge any person upon any contract for the sale of lands, tenements, or hereditaments, or the making of any lease thereof for a longer time than one year.

Second. Whereby to charge any person upon any agreement made upon consideration of marriage.

Third. Whereby to charge any executor or administrator upon his special promise to answer any debt or damage out of his own estate. Fourth. Whereby to charge any person upon his special promise to answer for the debt, default, or miscarriage of another person.

Fifth. Whereby to charge any person upon any agreement which is not to be performed within the space of one year from the making thereof;

Unless the promise or agreement upon which such action shall be brought, or some note or memorandum thereof, shall be in writing, and signed by the party to be charged therewith, or by some other person by him thereunto lawfully authorized.

SEC. 9. No action shall be brought against the Indian tribe of this state, or any member thereof resident in the town of Charlestown, for the recovery of debt; but the court or justice before whom such action shall be brought, or may be pending, shall, in any stage thereof, d'smiss the same with double costs against the plaintiff.

SEC. 10. In addition to the causes of action and actions which survive at common law, the death of the plaintiff or defendant

ties non-residents.

Transitory actions by or against corporations, where.

Where, if all parties non

resident.

Actions on note assigned or endorsed, against promisor, where.

Effect of bringing actions in wrong county. Promise, when to be in writ

ing, to main

tain action.

Action against
Indian tribe or

member of.

Actions and causes of,

which survive

death of plain- therein, the following causes of action and actions shall also survive:

tiff or defend

ant.

Actions surviving, by whom prosecuted and defended.

Of rule of damages in such

action.

Actions of ejectment to survive, by whom prosecuted, &c.

Effect of judgment in, upon title to real estate.

Claims for highway damages, and appeals in, to survive, and how to be prosecuted.

Remedy for loss of life by negligence of

common carriers and rail

boat compa

nies.

First. Causes of action and actions of waste.

Second. Causes of action and actions of replevin and trover. Third. Causes of action and actions of trespass and trespass on the case for damages to the person, or to real and personal estate.

SEC. 11. All the causes of action and actions as well as appeals therein in the next preceding section mentioned, may be originally brought and prosecuted by and against executors and administrators; appeals at any time during the term of the court to which the appeal is given, which shall commence next after the lapse of a month from the death of the testator or intestate, and if prosecuted or brought by the testator or intestate in his lifetime, may be prosecuted against or defended by his executors or administrators.

SEC. 12. Whenever any of said causes of action or actions are prosecuted or brought against the executor or administrator of the party originally liable, the plaintiff shall be entitled to recover only the value of the goods taken, or the damage actually sustained, without any vindictive or exemplary damages, or damages for any alleged outrage to the feelings of the injured party.

SEC. 13. Actions of ejectment shall survive the death of the plaintiff or defendant, and may be prosecuted or defended by the heir, devisee, executor, or administrator of the deceased party, as the right may descend or vest.

SEC. 14. In no case shall the title to real estate be settled or affected, except so far as relates to the case on trial, if, and so far as the same shall be prosecuted or defended by an executor or adminis

trator.

SEC. 15. Claims for damages on account of the laying out of highways through lands of the claimants, and appeals from proceedings laying out highways, shall survive the death of the claimant or appellant; and the executor, administrator, heir, or devisee of the claimant or appellant may jointly or severally, according to their interest, prosecute such claim or appeal in any stage of the proceedings, in case of an appeal, giving bond, filing reasons of appeal, and entering the same at any time during the term of the court of common pleas in the same county next after the final action of the town council on the report of laying out, or next after a month succeeding the death of the claimant or appellant, whichever may last happen.

SEC. 16. If the life of any person, being a passenger in any stagecoach or other conveyance, when used by common carriers, or the life of any person, whether a passenger or not, in the care of proprietors of, or common carriers by means of, railroad or steamboats, or road and steam- the life of any person crossing upon a public highway with reasonable care, shall be lost by reason of the negligence or carelessness of such common carriers, proprietor or proprietors, or by the unfitness or negligence or carelessness of their servants or agents, in this state, such common carriers, proprietor or proprietors, shall be liable to damages for the injury caused by the loss of life of such person, to be recovered by action on the case, for the benefit of the husband or widow and next of kin of the deceased person, one moiety thereof to go to the husband or widow, and the other to the children of the deceased.

Damages for,

to whom to go.

SEC. 17. If in such case there shall be no children, the whole of such damages shall go to the husband or widow; and if there be no husband or widow, to the next of kin, according to the law of this