When process may be returna of Trial Justice. 15 Stat., 496. time, to exhibit his account, or state the nature thereof, as far forth as may be in his power, and, in case of his default, preclude him from giving evidence of such parts thereof as shall not have been so exhibited or stated. 15. The provisions of this Code of Procedure, respecting forms of action, parties to actions, the rules of evidence, the times of commencing actions, and the service of process upon corporations, shall apply to these Courts. The defendant may, on the return of process, and before answering, make an offer in writing to allow judgment to be taken against him for an amount, to be stated in such offer, with costs. The plaintiff shall thereupon, and before any other proceedings shall be had in the action, determine whether he will accept or reject such offer. If he accept the offer, and give notice thereof in writing, the Trial Justice shall file the offer and the acceptance thereof, and render judgment accordingly. If notice of acceptance be not given, and if the plaintiff fail to obtain judgment for a greater amount, exclusive of costs, than has been specified in the offer, he shall not recover costs, but shall pay to the defendant his costs accruing subsequent to the offer. 16. Where more than twenty-five dollars is demanded in a ble at discretion complaint, the same shall be served on the defendant twenty days, and where less than that sum is demanded, five days before the day therein fixed for trial: Provided, That if the plaintiff shall make out that he is apprehensive of losing his debt by such delay, and the Trial Justice considers that there is good reason therefor, (the ground of such apprehension being set forth in an affidavit, and served with a copy of the complaint,) he may make such process returnable in such time as the justice of the case may require When new trials may be granted. TO ALLOW TRIAL JUSTICES TO GRANT NEW TRIAL. February, 1876. (16 Stat., 60.) That any Trial Justice's Court of this State shall have power to grant a new trial in any case tried in the said Court for reasons which new trials have usually been granted in the Courts of law of the United States: Provided, however, The case tried shall only be heard and tried anew by the Trial Justice before whom the case shall first be tried. 2. That no motion for a new trial shall be heard unless made, When may be heard. within five days from the rendering of the judgment. 3. That the right of appeal from the judgment shall exist for Appeals five days after the refusal of a motion for a new trial. PART II. OF CIVIL ACTIONS. TITLE I. OF THEIR FORM. II. OF THE TIME OF COMMENCING THEM. III. OF THE PARTIES. IV. OF THE PLACE OF TRIAL. V. OF THE MANNER OF COMMENCING THEM. VI. OF THE PLEADINGS. VII. OF THE PROVISIONAL REMEDIES. VIII. OF THE TRIAL AND JUDGMENT. IX. OF THE EXECUTION OF THE JUDGMENT. X. OF THE COSTS. XI. OF APPEALS. XII. OF THE MISCELLANEOUS PROCEEDINGS. XIII. ACTIONS IN PARTICULAR CASES. XIV. PROVISIONS RELATING TO EXISTING SUITS. XV. GENERAL PROVISIONS. TITLE I. FORM OF CIVIL ACTIONS. SEC. 92. Distinctions between actions at law and suits in equity abolished. 93. Parties, how designated. 94. Actions on Judgments. 95. Feigned issues abolished. · SEC. 92. The distinction between actions at law and suits in Distinction between actions equity, and the forms of all such actions and suits, heretofore at law and suits in equity abolexisting, are abolished; and there shall be in this State hereafter, ished. but one form of action for the enforcement or protection of private 9-282. Parties-how designated. Actions on judgments. Feigned issues abolished. rights and the redress of private wrongs, which shall be denominated a civil action. SEC. 93. In such action, the party complaining shall be known as the plaintiff, and the adverse party as the defendant. in SEC. 94. No action shall be brought upon a judgment rendered any Court in this State, except a Court of Trial Justice, between the same parties, without leave of the Court, for good cause shown, on notice to the adverse party; and no action on a judgment rendered by a Trial Justice shall be brought in the same County within five years after its rendition, except in case of his death, resignation, incapacity to act or removal from the County, or that the process was not personally served on the defendant, or on all the defendants, or in case of the death of some of the parties, or where the docket or record of such judgment is, or shall have been lost or destroyed. SEC. 95. Feigned issues are abolished; and instead thereof, in the cases where the power now exists to order a feigned issue, or when a question of fact, not put in issue by the pleadings, is to be tried by a jury, an order for the trial may be made, stating distinctly and plainly the question of fact to be tried; and such order shall be the only authority necessary for a trial. TITLE II. TIME OF COMMENCING CIVIL ACTIONS. CHAPTER I. ACTIONS GENERALLY. II. FOR THE RECOVERY OF REAL PROPERTY. III. OTHER THAN FOR THE RECOVERY OF REAL PROPERTY. IV. GENERAL PROVISIONS. CHAPTER I.-ACTIONS GENERALLY. SEC. 96. Repeal of existing limitations. 97. Time for commencing actions, etc. Limitations SEC. 96. The provisions of this title shall not extend to actions existing repealed. already commenced, or to cases where the right of action has 9-180, 449. already accrued; but the statutes now in force shall be applicable to such cases, according to the subject of the action, and without 9-391. regard to the form. SEC. 97. Civil actions can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, except where, in special cases, a different limitation is prescribed by statute, and in the cases mentioned in Section ninety-six. But the objection that the action was not commenced within the time limited, can only be taken by answer. CHAPTER II. FOR THE RECOVERY OF REAL PROPERTY. SEC. 98. When the State will not sue. 99. When action cannot be brought by grantee from the 100. When action by the State or their grantees to be brought 101. Seizin within twenty years, when necessary. 102. Seizin within twenty years, when necessary in action or defence, founded on title, &c. 103. Action after entry, or right of entry. 104. Possession, when presumed. under legal title. Occupation, when deemed 105. Occupation under written instrument, &c. 106. Adverse possession under written instrument, &c. 107. Premises actually occupied, held adversely. 108. Adverse possession under claim of title not written. 109. Relation of landlord and tenant, as affecting adverse possession. 110. Descent cast-effect of. II. Persons under disability. will not sue. 15 Stat., 496. SEC. 98. The State will not sue any person for or in respect to when the State any real property, or the issues or profits thereof, by reason of the right or title of the State to the same, unless : No action to be brought by 1. Such right or title shall have accrued within twenty years before any action or other proceeding for the same shall be commenced; or unless, 2. The State, or those from whom it claims, shall have received the rents and profits of such real property, or of some part thereof, within the space of twenty years. SEC. 99. No action shall be brought for, or in respect to, real grantee from property, by any person claiming by virtue of letters patent or the State. grants from the State, unless the same might have been commenced by the State as herein specified, in case such patent or grant had not been issued or made. When actions by the State or years. 15 Stat., 496. SEC. 100. When letters patent or grants of real property shall its grantees to have been issued or made by the State, and the same shall be be brought within twenty declared void by the determination of a competent Court, rendered upon an allegation of a fraudulent suggestion, or concealment, or forfeiture, or mistake, or ignorance of a material fact, or wrongful detaining, or defective title, in such case an action for the recovery of the premises so conveyed may be brought either by the State, or by any subsequent patentee or grantee of the premises, his heirs or assigns, within ten years after such determination was made, but not after that period. Seizin within twenty years SEC. 101. No action for the recovery of real property, or for the when necessary. recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor was seized or possessed of the premises in question within ten years before the commencement of such action. Seizin within twenty years SEC. 102. No cause of action, or defence to an action, founded when in action upon the title to real property, or to rents or services out of the founded on ti- same, shall be effectual, unless it appear that the person prose or defence tle. 15 Stat., 496. Action after entry or right of entry. cuting the action or making the defence, or under whose title the action is prosecuted or the defence is made, or the ancestor, predecessor or grantor of such person, was seized or possessed of the premises in question within ten years before the committing of the act in respect to which such action is prosecuted or defense made. SEC. 103. No entry upon real estate shall be deemed sufficient or valid, as a claim, unless an action be commenced thereupon within one year after the making of such entry, and within ten years from the time when the right to make such entry descended or accrued. |