for your own fees: and for want of the goods and chattels of the said to be found in your precinct, to satisfy and pay

the said

the same as aforesaid, we command you to take the body of and commit unto our jail in therein to be kept until

above mentioned, with your fees, or that

in our

pay the full sums be discharged

or otherwise by order of law.
return of this writ and of

county of

by the said

not, and make true thereon, to our next for our county of

Witness,

Esq. at

year

to be holden at

on the

within and

Hereof fail

your doings

Execution on judgment for possession of real estate. The State of Rhode-Island and Providence Plantations. sc.-To the Sheriffs of our several counties or to greeting:

[SEAL.]

their deputies Whereas

holden at

by the consideration of our court within and for our said county of

the Monday of

on

recovered judgment for the posses

sion of with the privileges and appurtenances thereto belonging, against

for

who had unjustly withholden him from the possession thereof; and also, by the consideration of the same court recovered judgment against the said the sum of costs of suit, as to us appears of record, whereof execution remains to be done: we command you, therefore, that without delay, you cause the said possession of and in the said

to have

with the privileges and appurtenances thereunto belonging. We also command you, that of the goods and chattels of the said

within your

the

precinct, you cause to be levied and paid to the said aforesaid sum of with twenty-five cents more for this writ; and thereof also to satisfy yourself for your own fees: and for want of the goods and chattels of the said to be found in your precinct, to satisfy and pay the same as aforesaid, we command you to take the body of the said commit to our jail in our county of

kept until

fees, or that

and therein to be

pay the full sums above mentioned, with your be discharged by the said

or otherwise by order of law. Hereof fail not, and make true return of this writ and of your doings thereon, to our next

Writ of Arrest to be issued by a Justice of the Peace. [SEAL.] sc.-To the sheriff, his deputy, or to either of the town sergeants or constables in the county of

greeting: You are hereby, in the name of the state of Rhode-Island and Providence Plantations, required to arrest the body of (if may be found in your precinct,) and for want of body to attach goods and chattels, to answer

the complaint of

of the plaintiff

at a justices' court to be holden

on the

noon, in an action of

(as

says)

day of

dollars.

at

to the damage

and make true return of this writ with your doings thereon. Given under my hand and seal, at

day of

in the year

Hereof fail not,

aforesaid, the

Justice of the Peace.

Execution to be issued by a Justice of the Peace.

Whereas

on the

against

greeting:

The State of Rhode-Island and Providence Plantations. [SEAL.] sc.-To the sheriff, his deputy, or to either of the town sergeants or constables in the county of at a justice's court holden at day of recovered judgment of said court for the sum of debt (or damages,) and costs of suit, taxed at as of record of said court doth appear; which sums, in the whole, amount to for which execution remains to be done: We command, you therefore, that of the goods and chattels of the said (within your precinct) you levy the said sum of together with for this execution, as also your lawful fees for serving the same, and therewith satisfy and pay the said

want of sufficient goods and chattels of the said by you found, to satisfy and pay the same sums as aforesaid, we command you to take the body of the said custody, and safely secure in our jail in satisfy and pay the said or until be by the said erwise by order of law. turn of this writ, in three of your doings thereon. aforesaid, this

at

the sums aforesaid and your fees, therefrom discharged, or othHereof fail not, and make true remonths from the date hereof, and Given under my hand and seal, day of in the year Justice of the Peace.

greeting.

You are hereby required, in the name of the state of Rhode-Island and Providence Plantations, to make your ap

pearance before the court of

within and for our county of

next to be holden at

on the Monday of to give evidence of what you know relating to an action or plea of then and there to be heard and tried, beplaintiff, and defendant. Hereof fail not,

twixt

as you will answer your default under the penalty of the law, in that behalf made and provided. Dated at day of

in the year

the

Clerk.

SEC. 2. All writs, original and judicial, issued by the supreme court, or by any court of common pleas, shall issue in the name of the state of Rhode-Island and Providence Plantations; shall be under the seal of the court from which they issue, shall be signed by the clerk of the court, shall bear teste of the chief justice of the supreme court; shall run throughout the state, and shall be directed to the sheriffs of all the counties in the state, or their deputies: provided however, that if the said chief justice be a party to the suit, the writ shall bear teste of any associate justice of the supreme court not a party to it; if the clerk be a party to the suit, the writ, if from the supreme court, shall be signed by one of the associate justices of that court, and if from any court of common pleas, by one of the associate justices of the same court; and if the sheriff of any county be a party to the suit, the process, if to be served in that county, shall, in addition to the former direction, be directed to the town sergeants in the county; and may be served by any one of them not a party thereto.

SEC. 3. Whenever a writ of arrest, or other writ authorizing an arrest, shall be delivered to an officer for service, he shall use his best endeavors to arrest the body of the defendant; but if such officer cannot find the body of the defendant within his precinct he shall attach his goods and chattels, to the value commanded in the writ, if so much can be found, and may attach any less value if the plaintiff or his attorney shall give order therefor on the back of such writ; and when any attachment is made in manner aforesaid, the same shall be sufficient to bring the cause to trial; and the officer who shall make any attachment as aforesaid, shall immediately after leave an attested copy of such writ, with a copy of his doings thereon, at the defendant's usual place of abode, with some person there, that the defendant may have knowledge of the suit.

SEC. 4. When any officer shall attach any goods or chattels on original writ, he shall keep the same in his hands as security to satisfy such judgment as the plaintiff may recover.

SEC. 5. When any officer shall attach on original writ any live animals, or any goods or chattels which are liable to perish or waste, or to be greatly reduced in value by keeping, or which cannot be kept without great and disproportionable expense, the court in which the same may be pending, in term time, or either of the justices of the court before which the suit is commenced, in vacation, or either of the justices of the supreme court, may, on the written application of any person interested in such property, cause the defendant and the attaching creditor to be notified to appear at a time and place appointed for that purpose, to show cause why the same should not be sold; and if after reasonable notice, no person appears or no sufficient cause to the contrary be shown, the said court or justice may direct the said officer to sell the same, in the manner prescribed by law for selling goods and chattels on execution; and such officer shall hold the proceeds of such sales, after deducting therefrom the necessary charges thereof, as security to satisfy such judgment as the attaching creditor may recover, in the same manner as he held the property itself.

SEC. 6. Whenever final judgment shall be rendered for the plaintiff in any suit in which the writ was served by attachment of real estate, goods and chattels, or stock or shares in any incorporated company, the execution issued on such judgment shall be levied on the property so attached, as soon as may be; but if the same shall not be so levied before the return day thereof, the property attached shall be discharged of such attachment.

SEC. 7. In all cases when execution shall be levied on any goods or chattels, such goods and chattels shall be kept in the officer's hands and be advertised at least ten days before they shall be exposed and offered for sale, in order that the person who owned such goods or chattels may, if he thinks fit, pay the money due, together with the costs which shall have accrued thereon, and thereupon have his said goods or chattels restored to him again. But in case such owner shall not redeem them as aforesaid, the officer shall sell the same, at public auction, to the highest bidder; and if any overplus shall remain after the debt or damages and costs and charges are paid, the same shall be delivered by the officer to the owner or to any person legally qualified, on his behalf, to receive the same.

SEC. 8. The household furniture and family stores of a

house-keeper shall not be liable to attachment on any warrant of distress or on any other writ, original or judicial: provided the whole, including beds and bedding, do not exceed in value the sum of two hundred dollars; neither shall the necessary wearing apparel of such house-keeper and his family, nor one cow, nor one hog, nor his working tools necessary for his usual occupation: provided the said tools do not exceed in value the sum of fifty dollars; neither shall the working tools not exceeding in value the sum of fifty dollars, nor the necessary wearing apparel of any debtor, be liable to distress or attachment.

SEC. 9. In case any officer for taxes, or by any warrant of distress whatsoever, shall distrain the goods and chattels of any person, he shall proceed in the same manner, and be holden to the same rules, as herein before directed in attachments in civil actions.

SEC. 10. Whenever any original writ shall issue against more than one defendant, the forms afore given may be altered so as to combine both the writ of arrest and the writ of summons; so that the same may be served on one of said defendants by arrest or attachment, and on the other by summons.

SEC. 11. When a writ shall be taken out from any court of common pleas, against any person whose body or personal estate cannot be found within this state, the words "or real estate," may be added in the writ next to the words " goods and chattels ;" and the officer to whom the writ is delivered for service shall attach the real estate of the defendant, in the same manner as is directed by law for attaching personal estate; and the officer, upon attaching any real estate as aforesaid, shall leave a copy of the writ by which the same shall be attached, and of his doings thereon, with the person in possession, and also with the town clerk of the town in which said real estate lies; but if no person be in possession, then the officer shall set up notifications thereof, in three public places in the town where such real estate lies; and if the person whose real estate shall be attached as aforesaid shall be absent out of the state at the time of attaching his estate, and shall not return within the same before the time at which such writ is returnable, and shall not answer the suit in which his real estate shall be attached as aforesaid, the court shall continue the same for one term; and the defendant, in such case, shall have a right to answer the same six days previous to the term to which such case shall be continued; and in all cases where real estate shall be attached and the plaintiff shall recover judgment therein, he shall have execution granted