sheriff of the county or either of his deputies, commanding him in behalf of the state, to cause to come before them twelve good and lawful men, of the same county, and they shall be empaneled to inquire into the forcible detainer complained of; which warrant shall be in the following form, to wit: of The State of Rhode-Island and Providence Plantations. [SEAL.] SC. To the sheriff of the county of deputy, or to his greeting: Whereas complaint is made to us the subscribers, by that him the said in of upon the day of at with force and arms and with a strong hand did unlawfully and forcibly enter into and upon a tract of land of him the said aforesaid containing acres, bounded as follows, viz: (or into the messuage or tenement of him the said as the case may be,) and with force and a strong hand as aforesaid did expel and unlawfully put out of the possession of the same you are hereby commanded in behalf of the state to cause to come before us, upon the in the said county, twelve good and lawful men of your county, to be empaneled and sworn, to inquire into the forcible entry and detainer as afore described. Given under our hands and seals the day of day of in the year at Justice of the supreme court. Justice of the court of common pleas for the county of And the said justices shall make out their summons to the party complained against, in form following, viz: The State of Rhode-Island and Providence Plantations. [SEAL.] sc. To the sheriff of our county of deputy, We command you, that you summon or to his greeting: of to in appear before the subscribers at a place called day of noon, then and there to answer to and defend against the complaint of to them exhibited; wherein he complains that (here recite the complaint) and you are to make return of this writ with your doings thereon unto the said justices, upon or before the said day. Witness said justices, the day of in the year our Justice of the supreme court. Justice of the court of common pleas for the county of Which summons shall be served upon the party complained against, or a copy thereof left at his usual place of abode, six days exclusive, before the day appointed by the justices for the trial; and if after the service of such summons the party shall not appear to defend, the justices shall proceed to the inquiry, in the same manner as if he was present; and when the jury shall appear, the justices shall lay before the jury the exhibited complaint, and shall administer the following oath to them, viz: Foreman's Oath. You, as foreman of this jury, do solemnly swear (or affirm) that you will well and truly try, whether the complaint of now laid before you is true, according to the evidence: so help you God; (or this affirmation you make and give upon peril of the penalty of perjury.) The other Jurors' Oath. The same oath which your foreman has taken on his part, you and every one of you shall well and truly observe and keep so help you God; (or this affirmation you make and give upon peril of the penalty of perjury.) And if the jury shall find the complaint true, then they shall return their verdict in form following, to wit: day of at afore were in the and that the At a court of inquiry holden before one of the justices of the supreme court and one of the justices of the court of common pleas within and for the said county of upon the in the year the jury, upon their oaths, do find that the lands or tenements in said, bounded (or described) as follows, (as in the complaint,) upon the day of in the year lawful and rightful possession of the said said did, upon the same day, unlawfully, with force and arms and with a strong hand, enter forcibly into the same, and (or being lawfully upon the same) did unlawfully, with force and a strong hand, expel and drive out the said and that he doth still continue wrongfully to detain the possession from him the said : wherefore the jury find, upon said ought to have resti their oaths aforesaid, that the tution thereof without delay. And if by accident or challenge there shall not be a full jury, the said justices shall issue a writ of venire to the sheriff or his deputy, to return so many other good and lawful men as may be necessary to make a full jury; and if the jury after a full hearing of the cause shall find the complaint laid before them supported by evidence, they shall sign their verdict in form aforesaid; otherwise the defendant shall be allowed his legal cost, and have execution therefor. SEC. 3. If the jury shall return their verdict signed by the whole pannel, that the complaint is supported, the justices shall enter up judgment for the complainant to have restitution of the premises, and shall award their writ of restitution accordingly, with costs. If the verdict shall be that the complaint is not supported, the defendant shall recover his costs, and no appeal shall be allowed from the justices aforesaid: provided nevertheless, that the proceedings may be removed by certiorari into the supreme court holden in the same county, and be there quashed for irregularity, if any such there be; nor shall such judgment be a bar to any after action brought by either party. The writ of restitution shall be in form following, to wit: The State of Rhode-Island and Providence Plantations. [SEAL.] Sc. To the sheriff of our county of deputy or to his greeting: Whereas at a court of inquiry of forcible entry and detainin our county of er, holden at in the year day of upon the before one of the justices of the supreme court and one of the justices of the court of common pleas within and for our said county of jurors empaneled and sworn by our said justices, did return their verdict in writing, signed by each of them, that day of the was upon the in the rightful possession of a certain messuage or tract of land, (as in the verdict returned,) and that (as in the verdict,) whereupon it was considered by our said justices, that the said should have restitu tion of the same; we command you, that taking with you the power of the county if necessary, you cause the said to be forthwith removed from the premises, and the said to have the peaceable restitution of the same; and also, that you levy of the goods and chattels of the said the sum of being costs taxed against him on the trial aforesaid, together with twenty-five cents more for this writ, and also your own fees for levying the same; and for want of such goods and chattels of the said to be by you found, you and him are commanded to take the body of the said commit to our jail in in the said county of there to remain until he shall pay the sum aforesaid, together with all fees arising on the service of this writ, or until he is deliv ered by order of law; and make return of this writ and your doings thereon within twenty days next coming. Witness our said justices at year aforesaid, the day of in the Justice of the supreme court. Justice of the court of common pleas for the county of provided always, that such complaint be made within three years after such forcible entry or detainer be committed, and not after. SEC. 4. Each person summoned and attending as a juror shall be entitled to one dollar per day for his attendance, and four cents per mile going, and four cents per mile returning from said court; to be paid in the first instance by the plaintiff, before the verdict shall be received, and to be taxed in the bill of costs if he recover. It is enacted by the General Assembly, as follows: SECTION 1. Where any person has set up or shall set up any water mill upon his land or upon the land of another with his consent, the owner of such mill may continue and improve the pond and keep up the dam thereof on his land for his advantage, without molestation. SEC. 2. Any person aggrieved or injured by the flowing of the pond raised by such dam, or by the stopping or raising of the water either above or below said dam, or by the back ing of water under his land, or by the flowing out of any fall of water in his land by means of such dam, may commence an action on the case before the court of common pleas in the county in which such dam is, against the owner of said dam, or any precedent owner thereof; a copy of which writ shall be left by the officer serving the same in the office of the town clerk of the town in which such dam is; and the mill and mill dam complained of, together with all their appurtenances and the land under and adjoining the same, shall thenceforth be pledged and liable for the damages which may be recovered in such action. SEC. 3. Whenever it shall be adjudged by said court that the plaintiff in any such action is entitled to damages, the defendant shall have the right to appeal from such judgment to the supreme court, upon the same terms and conditions as appeals are allowed in other cases; and in like manner the plaintiff may appeal whenever said court shall adjudge that he is not entitled to damages: provided however, that such appeal be claimed within five days after the rendition of such judgment, or during the same term of said court, if said term shall not continue five days, by filing an appeal bond as in other cases. SEC. 4. Whenever any plaintiff in any such action shall recover a final judgment for damages against the defendant, whether in the court of common pleas or in the supreme court, the court rendering the same shall issue a writ of venire to the sheriff of said county or his deputy, to return twelve good and lawful men of the same county, to meet at a time and place appointed in such writ, in order to ascertain the amount of such damages, in manner as is herein after provided. SEC. 5. At the time and place appointed by such writ, some one justice of the court issuing the same, not interested in the cause shall attend said jurors; shall engage them to a faithful and impartial discharge of their duty; shall swear all witnesses produced by either party before them; shall decide all questions of law that may arise incidentally in the trial, and may charge the jury upon the law, after the parties have submitted their evidence and arguments to them. If all the persons summoned as jurors do not appear, or are excused, such judge may issue a venire to fill up the panel. SEC. 6. Such jury shall appraise the damages which the plaintiff shall have sustained by the matters of complaint set forth in his writ and declaration, from the time of his ownership of the premises injured up to the date of the writ, if the |