bate to cite ex appear before TO PROVIDE A MODE FOR REVOKING LETTERS TESTAMENTARY, AND TO Approved December 19, 1878. (16 Stat., 700.) 1. That when any executor or administrator has, since the grant of letters testamentary or of administration, or any trustee, guardian of minors, committee of lunatics and persons non compos mentis, changed his domicile to a place beyond the limits of this State, or has been absent from the State for ten consecutive months then last past, and such change or absence is made to appear to the satisfaction of the Judge of Probate of the County wherein the letters were granted or appointment made, it shall be the duty of Judge of Pro- such Judge of Probate to cite such executor or administrator, ecutors, etc., to trustee, guardian of minors, committee of lunatics and persons non compos mentis to account in person before him on a day named in the citation, which shall not be less than sixty days from the date thereof; and such citation shall be served upon such absent executor or administrator, trustee, guardian of minors, committee Citation to be of lunatics and persons non compos mentis by publication forthwith, by publication. once a week for four weeks, in the newspaper in which the said Judge of Probate publishes his official advertisements, and a copy shall be mailed to such absent executor or administrator, trustee, guardian of minors, committee of lunatics and persons non compos mentis at his or her or their place of residence, if it is known or can with reasonable diligence be ascertained. him. When letters of administra vcked. 2. If, upon such citation, such absent executor or administrator, tion shall be re-trustee, guardian of minors, committee of lunatics and persons non compos mentis fail to appear in person upon the day named and render a return of his administration up to date, or, appearing by attorney, fails to disprove a change of domicile and continuous absence for ten months next preceding the date of citation, in the case of an administrator the letters of administration shall be revoked; and in the case of an executor, such failure shall be received as a formal renunciation of the office, notwithstanding his previous acceptance; and in the case of any trustee, committee or guardian, the appointment shall be revoked and annulled. TO EMPOWER THE JUDGE OF PROBATE TO MAKE SALES OF REAL AND February 2, 1878. (16 Stat., 336.) That on and after the passage of this Act, all sales of real estate See Ante. or personal property under the orders of the Probate Court, shall be made by the Judge of Probate. TITLE V. OF THE COURTS OF TRIAL JUSTICES. SEC. 74. Jurisdiction. 75. Qualification of bail. 76. Justification of bail. 77. Allowance of bail. 78. Property, how taken when concealed in building or inclosure. 79. Property, how kept. 80. Claim of property by third person. 81. No jurisdiction in certain cases. 82. Answer of title. 83. Undertaking. 84. Suit discontinued. 85. If undertaking not given. 86. The same. 87. New action. 88. Costs. 89. Answer of title as to one cause of action. 90. Docketing judgments. 91. Rules. SEC. 74. Trial Justices shall have civil jurisdiction in the follow- Jurisdiction. ing actions, and no others. 6-390. 10-303. 1. In actions arising on contracts for the recovery of money 11-525. only, if the sum claimed does not exceed one hundred dollars. 2. An action for damages for injury to rights pertaining to the person, or the personal or real property, if the damages claimed do not exceed one hundred dollars, and in cases of bastardy. 3. An action for a penalty, fine or forfeiture, where the amount claimed or forfeited does not exceed one hundred dollars. 4. An action commenced by attachment of property, as now provided by statute, if the debt or damages claimed do not exceed one hundred dollars. 5. An action upon bond conditioned for the payment of money, not exceeding one hundred dollars, though the penalty exceed that sum, the judgment to be given for the sum actually due. Where the payments are to be made by installments, an action may be brought for each installment as it becomes due. 6. An action upon a surety bond taken by them, where the penalty or amount claimed does not exceed one hundred dollars. 7. An action upon a judgment rendered in a Court of a Trial Justice or an inferior Court in a city where such action is not prohibited by Section 94. 8. To take and enter judgment on the confession of a defendant, where the amount confessed shall not exceed one hundred dollars, in the manner prescribed by law. 9. An action for damages, fraud in the sale, purchase or exchange of personal property, if the damages claimed do not exceed one hundred dollars. 10. An action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, his agent or attorney, shall not exceed the sum of one hundred dollars. The plaintiff in such action, at the time of issuing the summons, but not afterwards, may claim the immediate delivery of such property as hereinafter provided. Before any process shall be issued in an action to recover the possession of personal property, the plaintiff, his agent or attorney, shall make proof by affidavit, showing: 1. That the plaintiff is the owner, or entitled to immediate possession of the property claimed, particularly describing the same. 2. That such property is wrongfully withheld or detained by the defendant. 3. The cause of such detention or withholding thereof, according to the best knowledge, information and belief of the person making the affidavit. 4. That said personal property has not been taken for any tax, fine or assessment, pursuant to statute, or seized by virtue of an execution or attachment against the property of said plaintiff; or if so seized, that it is exempt from such seizure by statute. 5. The actual value of said personal property. On receipt of such affidavit, and an undertaking, in writing, executed by one or more sufficient sureties, to be approved by the Trial Justice before whom such action is commenced, to the effect that they are bound in double the value of such property as stated in said affidavit, for the prosecution of said action, and for the return of said property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may for any cause be recovered against said plaintiff, the Trial Justice shall endorse upon said affidavit a direction to any Constable of the County in which said Trial Justice shall reside, requiring said Constable to take the property described therein from the defendant, and keep the same, to be disposed of according to law; and the said Trial Justice shall at the same time issue a summons with a copy of 17 Stat., 28. the undertaking, directed to the defendant, and requiring him to appear before said Trial Justice at a time and place to be therein specified, and not more than twelve days from the date thereof, to answer the complaint of said plaintiff; and the said summons shall contain a notice to the defendant that, in case he shall fail to appear at the time and place therein mentioned, the plaintiff will have judgment for the possession of the property described in said affidavit, with the costs and disbursements of said action. The Constable to whom said affidavit, indorsement and summons shall be delivered, shall forthwith take the property described in said affidavit, if he can find the same, and shall keep the same in his custody. He shall thereupon, without delay, serve upon said defendant a copy of such affidavit, notice and summons, by delivering the same to him personally, if he can be found in said County; if not found, to the agent of the defendant in whose possession said property shall be found; if neither can be found, by leaving such copies at the last or usual place of abode of the defendant, with some person of suitable age and discretion. And shall forthwith make a return of his proceedings thereon, and the manner of serving the same, to the Trial Justice who issued the said summons. Qualifications of bail. Justification of bail. The defendant may at any time after such service, and at least two days before the return-day of said summons, serve upon plaintiff, or upon the Constable who made such service, a notice in writing that he excepts to the sureties in said bond or undertaking; and if he fail to do so, all objection thereto shall be waived. If such notice be served, the sureties shall justify, or the plaintiff give new sureties on the return-day of said summons, who shall then appear and justify, or said Trial Justice shall order said property delivered to Defendant, and shall also render judgment for Defendant's costs and disbursements. At any time before the return-day of said summons, the said defendant may, if he has not excepted to plaintiff's sureties, require the return of said property to him upon giving to the plaintiff, and filing same with the Trial Justice, a written undertaking, with one or more sureties, who shall justify before said Trial Justice on the return-day of said summons, to the effect that they are bound in double the value of said property, as stated in plaintiff's affidavit, for the delivery thereof to said plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may for any cause be recovered against said defendant; and if such return be not required before the return-day of said summons, the property shall be delivered to said plaintiff. SEC. 75. The qualification of bail must be as follows: 1. Each of them must be a resident, and householder or freeholder within the State. 2. They must each be worth the amount specified in the order of arrest, exclusive of property exempt from execution; but the Judge or a Trial Justice, on justification, may allow more than two bail to justify severally in amounts less than that expressed in the order, if the whole justification be equivalent to that of two sufficient bail. SEC. 76. For the purpose of justification, each of the bail shall attend before the Judge or a Trial Justice at the time and place mentioned in the notice, and may be examined on oath, on the part of the plaintiff touching his insufficiency, in such manner as the Judge or Trial Justice, in his discretion, may think proper. The examination shall be reduced to writing, and subscribed by the bail, if required by the plaintiff. SEC. 77. If the Judge or Trial Justice find the bail sufficient, he shall annex the examination to the undertaking, indorse his allow |