SECTION 1. All controversies which may be the subject of a personal action, may be submitted to one or more referees in the mode prescribed in this chapter.

SEC. 2. The parties may appear personally or by attorney before any justice of the peace in the county in which either of the parties resides, and there sign and acknowledge an agreement in substance as follows:

and
of
have agreed to submit the

and State of

and State of

against the said

which is

demand made by the said hereto annexed," (or, " and all other demands between said parties," as the case may be,) " to the determination of

the report

of whom, or the major part of whom, being made as soon as may be to the court of common pleas for the said county of

judgment thereon shall be final. And if either party shall neglect to appear before said referees, after proper notice given to them of the time and place appointed by the referees for hearing the parties, the referees may proceed in his absence.

Dated this

day of

in the year 18 ."

SEC. 3. Said agreement having been signed by each of the parties, shall be acknowledged by them or their attorneys as their free act and deed, before the same or some other justice, and any referee, being a justice, may take said acknowledgment.

SEC. 4. If a specific demand only is submitted, it may be inserted in the agreement, or the same shall be signed by the party making it and annexed to the agreement, and such demand shall be as particular in stating the substance of the claim in controversy, as the nature of the case will admit.

SEC. 5. If all demands between the parties are submitted to the referees, no specific demand need be annexed to the agreement. SEC. 6. Neither party shall have power to revoke the submission without the consent of the other.

SEC. 7. The parties, if so disposed, may agree upon and fix in said agreement the time and place for the hearing, for making an award thereon, and may vary the form accordingly.

SEC. 8. All the referees must meet and hear the parties, unless the parties otherwise agree, but a majority may make an award,

and their report shall be as valid as though signed by all the referees. It shall appear on the face of the award, or by the certificate of the dissenting referee, that all of them attended and heard the parties, unless the parties shall waive the same in writing on said agreement.

SEC. 9. The referees shall have the same authority as those appointed by rule of court, and any one of them may administer an oath to witnesses in the cause.

SEC. 10. The report of the referees shall be delivered by one of the referees to the court to which the same is to be returned, according to the agreement; or it shall be sealed up by them and transmitted to such court, and remain sealed until opened by the clerk in open court.

SEC. 11. If the parties agree, the referees may make known their determination prior to its being returned to the court as aforesaid, and if the parties agree to settle their dispute accordingly, said report need not be returned to court.

SEC. 12. The court to which any such report is made, may accept, reject or recommit the same for further consideration; and the referees upon any recommitment, shall appoint a time and place for a new hearing and give the parties notice thereof, and the proceedings thereupon shall be the same as in the original hearing.

SEC. 13. The court shall have the same cognizance of any such report of referees, as they would have if such report were made by referees appointed under a rule from said court in a case pending therein, and may render judgment and issue execution

thereon.

SEC. 14. The fees of the justice for making and taking the acknowledgment of such agreement shall be fifty cents, to be paid by the party making the demand, and charged in the bill of costs. The entry and all other fees shall be the same as in suits in the

same court.

SEC. 15. The referees may allow such costs as they may deem reasonable, unless restricted by the submission, and subject to the revision of the court for good cause shown.

SEC. 16. In any case contained in the first section of this chapter, the parties may enter into an agreement to submit the same to referees as hereinbefore provided, and that the report of such referees shall be made to such justice and judgment by him rendered thereon, in which case the form of said agreement may be varied accordingly. The referees shall proceed in the manner and possess the same powers as is hereinbefore provided, and the justice, upon receiving such report, shall render judgment and issue execution thereon for damages and costs.

SEC. 17. Any person may voluntarily appear before any justice of the peace in the county in which he resides, and confess that he is indebted to any other person in a sum not exceeding two hundred dollars, and consent that a record thereof be made and

execution issue accordingly, or be stayed as said parties shall agree; and the justice shall make a fair record of such confession and agreement, which shall be signed by the debtor and the creditor or his agent, and shall enter up judgment and issue execution thereon.

SEC. 18. Every justice to whom any confession of debt or report of referees is made as aforesaid, shall keep a full and true record thereof, signed and certified by himself.

SEC. 19. Every execution issued by any justice as aforesaid, may be served in the same manner as if issued by the court of common pleas.

TITLE XXV.

OF FINES, FORFEITURES, COSTS AND RECOGNI

ZANCES.

CHAPTER 224. Of fines, penalties, costs and recognizances. CHAPTER 225. Of forfeitures of personal property.

1. Penalties and forfeitures, how recov- 10. Witness not disqualified by interest.

SECTION 1. All penalties and forfeitures may be recovered by action of debt before a justice of the peace, if such penalty or

forfeiture do not exceed thirteen dollars thirty-three cents, otherwise before the court of common pleas, by any person who will sue for the same, unless otherwise provided by law.

SEC. 2. Every such penalty and forfeiture shall be one half for the use of the county in which the offence is committed, the other half for the use of the prosecutor, unless otherwise limited by law.

SEC. 3. When any penalty shall be imposed by any law for any neglect for any period of time, such neglect may be alleged to have commenced at any specified time, and shall be reckoned from the time so alleged.

SEC. 4. All fines imposed by any statute may be recovered by information or indictment, if no other mode of recovery is specially provided.

SEC. 5. All actions, informations and indictments founded on any penal statute, shall be brought within the county in which the offence is committed, and not elsewhere.

SEC. 6. In actions for the recovery of any penalty before any justice, it shall be no cause of exception that such justice resides or has property within the town in which the offence was committed, or that the penalty, or any part thereof, may belong to such town.

SEC. 7. The defendant in any such action may plead the general issue, and under it give any special matter in evidence.

SEC. 8. If a fine or forfeiture, or any part thereof, is given by any statute to any prosecutor, and no person shall prosecute therefor within the time limited by such statute, an information may be filed or an indictment be found therefor, within one year after such limitation shall expire, and the penalty shall accrue to the use of the county.

SEC. 9. All suits or prosecutions founded upon any penal statute, which are wholly or in part for the use of the prosecutor, shall be brought within one year, and all other suits or prosecutions on such statute, within two years after the commission of the offence, unless otherwise specially provided.

SEC. 10. No person shall be disqualified from being a witness on the trial of any such information or indictment, by reason of any interest which he may have in any penalty to be recovered

therein.

SEC. 11. When any penalty or forfeiture, or any part thereof, shall be given to any town by any penal statute, the selectmen may sue therefor in the name of such town which shall be entitled to the benefit, and shall defray the expenses of such prosecution, and the selectmen may remit any such penalty or forfeiture.

SEC. 12. If any person sentenced under any penal statute shall refuse or neglect to perform such sentence, he shall be committed to the common jail, there to be imprisoned until such sentence is performed, or he is discharged by due course of law.

SEC. 13. All fines arising in any manner shall be for the use

of the county, and shall be paid over to the treasurer thereof, unless otherwise specially appropriated.

SEC. 14. If, upon any complaint or prosecution before any court or justice, the defendant shall be ordered to pay a fine, enter into a recognizance or suffer any penalty, he shall also be ordered to pay costs of prosecution, or such part thereof as justice may require.

SEC. 15. If any service shall be performed by any person by direction of any court or justice, or of the attorney general or solicitor of the county, in bringing to justice any offender charged with a crime or high-handed misdemeanor, the justices of the court of common pleas shall allow a reasonable sum therefor, and draw their warrant for the same upon the treasurer of the county. SEC. 16. If any recognizance shall be forfeited in any case in which, if such recognizer had been convicted, any sum might have been due to the complainant or any other person, the justices of the court of common pleas may ascertain the just sum and costs that might be due, and draw their warrant therefor upon the treasurer of the county.

SEC. 17. All recognizances shall be taken in the name of the State, and suits thereon may be brought and tried in the county in which they may be taken, unless the court, in their discretion, shall order the venue to be changed to some adjoining county.

SECTION 1. Where any personal property shall be forfeited for any violation of law, any sheriff, deputy sheriff, constable or any person by law authorized to seize the same, may take and retain such property until he shall deliver it to a proper officer having a warrant to detain the same.

SEC. 2. The person making or directing such seizure shall, without unnecessary delay, file a libel before a justice, if the property does not exceed in value thirteen dollars thirty-three cents,