§ 23-23.5-3 - Appeal from order of prohibition – Jury trial. - Rhode Island Statutes

SECTION 23-23.5-3

   § 23-23.5-3  Appeal from order ofprohibition – Jury trial. – Any person aggrieved by the order or decree of the city or town council under§ 23-23.5-1 may, within three (3) days from the service upon him or her,appeal to the superior court for the county where the city or town is situated,by filing his or her reasons of appeal, together with an attested copy of thewhole proceedings appealed from, in the clerk's office of that court, and thecourt shall immediately hear the appeal; and either party to the proceedingsmay have a trial by jury of all questions of fact, by filing with the clerk ofthe court a demand for a trial by jury at least two (2) days before the dayassigned for the hearing. In case of a jury demand, if the court shall not bein session for the purpose of jury trials, the clerk shall immediately issue awrit of venire facias directed to the sheriff of the county or his or herdeputy, requiring him or her to summon twelve (12) jurors, being good andlawful citizens of the county, to try the issue; and if there shall not be asufficient number of jurors attending in pursuance of the writ from which ajury may be impaneled, the court shall direct the issuing of other writs ofvenire facias to complete a jury. If any aggrieved person shall, by reason ofaccident, misfortune, or mistake, fail to appeal from this order or decree, andshall make it appear to the court that the failure was caused by accident ormistake, he or she may at any time within thirty (30) days from the service ofthe copy of the order or decree upon him or her appeal from the order ordecree, and prosecute it with the same effect as if done within three (3) days.