upon any contract shall, directly or indirectly, receive interest at a higher rate, shall forfeit for every such offence three times the sum so received.

SEC. 3. When any person, for the recovery of any debt or damages, shall be sued upon any instrument hereafter made, and interest at a higher rate than six dollars for a hundred dollars for one year has been paid or secured upon the money sued for, or is secured by such instrument, if the debtor, (the creditor being alive,) will come into court where the action is pending, and offer to make oath, and, if required by the court, actually swear that there has been taken or secured upon the money sued for, or that there has been or is secured in and by the instrument sued, interest above the rate aforesaid, then the court in rendering judgment shall deduct from the sum lawfully due, three times the amount so taken or secured, unless the creditor will swear that he has not, directly or indirectly, willingly taken or secured on the money sued for, or secured in and by the instrument sued, any interest above the rate aforesaid.

SEC. 4. Nothing in this chapter shall extend to the letting of cattle or other usages of like nature in practice among farmers, or to maritime contracts, as bottomry, insurance or course of exchange, as heretofore used.

SEC. 5. Any person against whom any action may be brought for the recovery of real estate, may with his plea file a brief statement, setting forth that he and the persons under whom he claims, have been in the actual peaceable possession thereof, under a supposed legal title, for more than six years before the action was commenced, and that the value thereof has been increased by them by buildings or other improvements.

SEC. 6. The jury, if they find a verdict for the plaintiff, shall determine if the said lands have been so possessed and improved, and the amount of the increased value thereof, after allowing for any waste or injury the same may have sustained.

SEC. 7. The judgment rendered for the plaintiff upon such verdict, shall be conditioned that if the plaintiff shall, within one year, pay to the clerk of the court for the use of the defendant the amount of the increased value so found, a writ of possession shall issue for the plaintiff, otherwise all his right to such lands shall be forever barred.

SEC. 8. In all actions for the recovery of any penalty or forfeiture in any obligation or contract under seal, the superior court or court of common pleas shall render judgment for the amount which shall appear to be equitably due.

SEC. 9. If such penalty or forfeiture shall be designed to secure the performance of several things to be done at different times, judgment shall be rendered for the whole of such penalty or forfeiture, and the court shall award execution only for so much as is justly due at that time.

SEC. 10. The plaintiff or his administrator may, from time to

time, have a scire facias upon such judgment, and execution shall be awarded him for any further sums which may have become equitably due to him.

SEC. 11. In actions on mortgages the judgment shall be conditional, that if the mortgager or person having his right, shall pay to the mortgagee or person having his right, the sum the court shall adjudge due, within two months after judgment rendered with interest, such judgment shall be void, otherwise a writ of possession shall issue.

SECTION 1.

7. Court to limit and allow costs on mo

tion.

Costs shall follow the event of every action or petition, unless otherwise directed by law or by the court.

SEC. 2. No costs shall be allowed the plaintiff in any action upon a judgment upon which execution might lawfully issue, if the court shall be of opinion that the plaintiff could have availed himself of such execution as advantageously, for the collection of his demand, as he could of such action.

SEC. 3. When a plaintiff shall, at the same term, bring diverse actions against the same party which might have been joined, or shall bring more than one action upon a joint and several contract, the court may allow such and so many bills of cost as they may deem equitable.

SEC. 4. No more costs than damages shall be recovered in any action commenced in the court of common pleas for slander, assault and battery, imprisonment or malicious prosecution, unless the damages recovered shall exceed thirteen dollars and thirty-three cents.

SEC. 5. In actions of trespass for injuries to real estate commenced in the court of common pleas, when the title of real estate is not in question, the court shall allow so much cost as they may

think proper, not exceeding the damages recovered, in case such damages do not exceed thirteen dollars thirty-three cents.

SEC. 6. In all actions commenced in the court of common pleas, if it appears that the plaintiff had no reasonable expectation of recovering more than thirteen dollars thirty-three cents, the court may limit the costs to such sum as they think reasonable.

SEC. 7. In all actions or petitions pending in the superior court or court of common pleas in the county where the judgment was rendered, the said courts may, on motion and on good cause shown, limit and allow such costs and order such security for costs as they may deem just and reasonable.

SECTION 1. All civil actions in which judgment has been rendered in the court of common pleas or superior court, in which any issue of fact has been joined, except those in which by law a different provision is made, may be once reviewed.

SEC. 2. The superior court may grant a review in any other case, where it shall appear that justice has not been done through any accident, mistake or misfortune, and that a further hearing would be just and equitable.

SEC. 3. In such case, a petition shall be presented to said court in the county where the original action was brought, by any person interested, setting forth the reasons for such review; and such notice shall be given to the adverse party or to his attorney as the court may order.

SEC. 4. The court may grant such review upon such terms and conditions, and may allow such costs to either party, upon the petition of review, as they may think just and reasonable.

SEC. 5. No action of review shall be brought of right after one year from the time of the judgment rendered, saving to any infant or insane person the right of such review for one year after such disability is removed.

SEC. 6. No review shall be granted upon petition, unless such petition is filed within three years after the rendition of the judgment complained of, or the discontinuance or failure of the original suit; and such review shall be commenced within ninety days after the grant thereof.

SEC. 7. All writs of review shall be returnable in the court of common pleas in the county where the judgment was rendered, and shall be tried upon the pleadings filed in the original action, if any, unless the court, upon such terms as they shall think reasonable, shall permit amendments to be made.

SEC. 8. The party bringing any action of review, shall produce in court attested copies of the writ, pleadings, judgment and all papers used and filed at the former trial, otherwise a nonsuit shall be entered.

SEC. 9. Every case shall be tried upon review in the same manner as if no judgment had been rendered therein, and any new or further evidence may be produced therein.

SEC. 10. If the amount of property, debt or damages recovered by the original plaintiff, is increased on review, he shall recover judgment for the excess and costs; if such amount is reduced, the original defendant shall recover judgment for the amount of such reduction and costs.

SEC. 11. If the original plaintiff shall review and shall not recover a greater amount of property, debt or damages, the defendant shall recover costs; if such review is brought by the defendant, and the amount of property, debt or damages is not reduced, the original plaintiff shall recover costs.

SEC. 12. No costs shall be recovered in an action of review, except those accruing upon such review, and the party bringing such review shall recover no more costs than the amount of the property, debt or damages he may recover therein, unless the original judgment shall be wholly reversed.

SEC. 13. Execution in the original action shall not be stayed by reason of any writ of review, but the court, on motion, may order a stay of execution, where it may appear just and reasonable, upon

terms.

TITLE XXIII.

OF EXECUTIONS, LEVIES, BAIL AND RELIEF OF POOR DEBTORS.

CHAPTER 206. Of executions.

CHAPTER 207.

Of levies on personal estate.

CHAPTER 208. Of levies on real estate.
CHAPTER 209.

CHAPTER 210.

Of levies on equities of redemption.
Of levies and injunctions.

CHAPTER 211. Of executions against towns.

CHAPTER 212.

CHAPTER 213.

CHAPTER 214.

Of imprisonment and prison bonds.
Of relief of poor debtors.

Of liability of bail.

SECTION 1. No execution shall issue until the expiration of twenty-four hours after judgment rendered.

SEC. 2. Executions issued by the superior court may be made returnable at the next regular term of the court, if within six months, otherwise within six months from the date thereof.

SEC. 3. Executions issued by the court of common pleas may be made returnable at the next term of said court.

SEC. 4. Executions issued by justices may be made returnable within sixty days from the date thereof.

SEC. 5. Executions may be issued at any time within two