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deliver to the officer charged with the execution issued on said judgment, such specific articles, that the same may be taken thereon, and which shall be a good discharge to such garnishee.
Sec. 28. Mariners' wages shall not be liable to attachment under this act, until after the termination of the voyage in which such wages shall have been earned; nor shall any debt which is secured by bill of exchange or negotiable promissory note.
Sec. 29. The stock or shares of any body corporate established out of this state, and the stock or shares of any person who shall reside or be absent out of this state, or shall conceal himself therein, in any bank, insurance company or other incorporated company within this state, shall be liable to be attached to answer any just debt, claim or demand; and whenever any writ shall be sued out as aforesaid, the plaintiff or his attorney shall, on the back of said writ, direct the officer who may be charged with the service thereof, to attach the defendant's stock or shares in such incorporated company; and the leaving an attested copy of such writ, with a copy of the plaintiff's direction thereon, if a bank, with the cashier thereof, if an insurance company, with the president or secretary thereof, and if any other corporate body, with the treasurer thereof or person executing the duties of treasurer, shall be sufficient to attach such defendant's stock or shares in said company, and the same shall be held to answer the said debt, claim or demand.
Sec. 30. Whenever any incorporated company as aforesaid shall be served with a copy of such writ as aforesaid, it shall be the duty, if a bank, of the cashier thereof, if an insurance company, of the president or secretary thereof, and if any other corporate body, of the treasurer thereof or person executing the duties of treasurer, to render an account, upon oath, to the court to which said writ shall be returnable, of what stock or shares the defendant had in said company at the time of the service of such writ, as aforesaid ; and the said cashier, or president, or secretary, or treasurer or person executing the duties of treasurer as aforesaid, may be compelled to testify like witnesses in other cases; and when execution issues against the defendant for any such debt, claim or demand, the officer charged therewith shall serve a copy of the same, if a bank, upon the cashier thereof, if an insurance company, upon the president or secretary thereof, and if any other corporate body, upon the treasurer thereof or person executing the duties of treasurer; which shall be deemed a good and sufficient levy of such execution upon the stock or shares of the defendant in such company; and the said stock or shares shall be advertised and sold, (or so much thereof as shall be necessary,) in the same manner as other personal property attached on execution; and a deed or deeds thereof given by the officer aforesaid shall vest in the purchaser all the defendant's right, title and interest in such stock or shares so sold as aforesaid ; and said deed shall be duly recorded by the recording officer of such company.
Sec. 31. The stock or shares of any body corporate established without this state, or of any person whatsoever in any incorporated company within this state, shall be liable to be attached on execution duly obtained, like other personal property; and such execution being directed to the proper officer, according to law, he may levy the same in the manner set forth in the preceding section, upon any stock or shares of the defendant to be found within his precinct; and shall proceed to advertise, and sell, and give deeds thereof, in the manner therein prescribed.
Sec. 32. Nothing in this act contained shall be construed to destroy or impair any lien or claim which any incorporated company aforesaid or any person whatsoever may have upon any such stock or shares so attached or levied upon as aforesaid ; but the said lien or claim aforesaid shall be and remain as if this act had not been passed.
Sec. 33. The same proceedings respecting foreign attachments shall be observed in justice's courts, as in the supreme court or in any court of common pleas.
Sec. 34. When any incorporated company established without this state shall be indebted or liable to any person, the personal and real estate of such company within this state shall be liable to be attached and held to answer any just debt, claim or demand ; and a writ directed to the proper officer may be issued by any competent court, commanding such officer to attach the goods and chattels or real estate of such corporation, to the amount named in such writ; and also to summon said corporation to appear at the proper court, by leaving a copy of the summons with any known agent of said corporation in this state.
Sec. 35. Upon making such attachment, the officer making the same shall leave an attested copy of such writ with the person in possession of such goods and chattels or real estate, if any person be in possession; and if real estate be attached, he shall also leave an attested copy with the town clerk of the town where the real estate is situated.
Sec. 36. If there be no agent or attorney of such corporation within this state known to such officer, upon whom such summons can be served, he shall publish a notification of such attachment for the space of two weeks, once a week, in some newspaper printed in the town nearest the place where the real or personal estate may be situated, and state all the facts in his return, to the end that the court may order further notice if they shall deem the same necessary.
Sec. 37. Whenever final judgment for any sum shall be rendered by any court against any incorporated company, (except corporations for charitable, literary or religious purposes, and banks,) execution on such judgment shall be issued against the goods, chattels and real estate of such corporation; and when any such execution shall be, by the officer charged with the service thereof, returned that he cannot find sufficient property of such corporation whereon to levy the same, it shall and may be lawful for the party in whose favor such judgment shall have been rendered, to sue out of the clerk's office of the court in which such judgment was rendered, a writ of scire facias against the president and directors of such corporation, if any such there be, and if none, then against so many of the stockholders thereof as he may think fit, returnable to the next term of said court; and on the return thereof, unless such president and directors or stockholders shall make it appear that they had not, at the time of the service of such writ of scire facias, within their possession and control, sufficient property of such corporation to satisfy said judgment or any part thereof, said court shall issue execution against such president and directors or stockholders, for the amount of such judgment, with interest and cost as for their own private debt; but if it shall appear that such president and directors or stockholders had property as aforesaid to satisfy part of said judgment only, then execution as aforesaid shall issue for such amount with costs.
Sec. 38. An original summons shall be served by reading the same to the person to be summoned, or by leaving an attested copy thereof at his last and usual place of abode, by the officer to whom the same shall be directed; said writs, if against any company incorporated in this state, shall be served by leaving an attested copy thereof, if a bank, with the cashier thereof, if an insurance company, with the president or secretary thereof, and if any other corporate body, with the treasurer or person executing the duties of treasurer thereof, unless provision to the contrary be made in the charter of such corporation, or in some general law of the state, relating to some particular class of corporations; and a certificate of such service by the officer who made the same shall be considered as due proof thereof.
Sec. 39. All writs of scire facias may be served by summons, arrest or attachment, at the election of the plaintiff, and the form of such writs may be so varied as to adapt them to either manner of service; but no attachment of personal or real estate, or by trustee process, shall be made thereon, except in such cases as is by law provided for such attachment on writs of arrest.
Sec. 40. A summons for a witness shall be served by reading the same to him; and every witness so summoned, and having his lawful fees tendered to him for his travel from his place of abode to the place at which he shall be summoned to attend, and for one day's attendance, shall be obliged to attend accordingly; and if he does not appear according to the tenor of such summons, having no reasonable let or hindrance to the contrary, he shall be liable to the action of the aggrieved party for all damages sustained in consequence of such default ; and the court or justice of the
peace shall have power, by writ of attachment, to bring such witness into court and to fine him, not exceeding twenty dollars, and to order him to pay the costs of such attachment, and to be committed to prison until such fine and costs be paid ; but a witness summoned in behalf of the state shall have no right to have his fees paid or tendered to him before he shall be bound to obey the same.
Sec. 41. No civil process whatsoever shall be served on Sunday, but every such service shall be utterly void.
SEC. 42. All the waters of Narragansett bay situated to the northward of Field's Point shall be deemed a part of the county of Providence, and be within the jurisdiction of said county; and all the other waters of the said bay shall not be deemed to make part or be within the sole jurisdiction of any one particular county ; but it shall be lawful for any sheriff or other officer duly authorized, to serve any writ or other process, whether of a civil or criminal nature, within any part of the waters of said Narragansett bay.
Sec. 43. Every original writ issued against any female, founded on a contract not under seal, shall be a writ of summons and not a writ of arrest. No execution shall issue against the body of any female, on any judgment founded on contract not under seal, where the debt or damages recover
ed do not exceed the sum of fifty dollars. In such cases executions shall issue against the goods and chattels and real estate of the defendants.
An Act prescribing the manner of proceedings in Courts.
SECTION 1. Actions when to be entered, and what gested and administrator to prosecute constitutes an entry.
or defend the same. 2. Defendant's addition to be given in 27. Executors and administrators not to be writs, &c.
arrested or holden to bail, nor property 3. Defendant may file several pleas, and attachable, except in certain cases. plaintiff several replications.
23. Actions against executors and admin4. In certain cases, tender may be made istrators, when to be brought.
or money brought into court.—Effect 29. Administrators de bonis non may have of tender.
executions on judgments, obtained by 5. Defendant may plead payment in ac- preceding executor or administrator.
tions of debt on judgment, &c. and on 30. Reasons of appeal when to be filed. bond, after day of payment.
31. Appeal how to be tried.-Complaint 6. Plaintiff to annex his account to his for confirmation of judgment, when
declaration, and defendant to his plea. to be filed. 7. Courts to offset judgments between 32. In case of new trial granted, when ac. same parties.
tion to be entered. 8. Sheriffs to offset executions.
33. Costs by whom to be paid.-Of imma9. In action on a bond, &c. for penalty, terial testimony to be rejected; of
judgment shall be for whole penal- written testimony not to be taxed unty.
less noted on the same. 10. In a judgment for penalty, execution 34. In certain cases, costs in the discretion
to issue for amount due the plaintiff. of the court. 11. Scire facias may issue on the judgment 35. Plaintiff not to recover more costs for penalty, for further breaches.
than damages in certain cases. 12. Same subject.
36. By whom courts may be adjourned, 13. Suits may be brought for breach of from day to day.
covenant or agreement, and not for 37. Courts may be adjourned by writ.penalty.
How directed and served. 14. Courts may assess damages in certain 38. Courts failing to meet, business to be cases without a jury.
continued. 15. View may be had in cases affecting 39. Foreman of grand jury may swear the realty.
witnesses before a grand jury. 16. Parties to a suit may enter a rule, and 40. Oath of grand and petit jurors.
so may other persons.—Terms of rule. 41. Inhabitants of towns to be witnesses -Proceedings before and powers of in cases in which towns are interested. referee.
42. No judge to sit in the trial of a case on 17. Same subject.
appeal who gave judgment in chief in 18. Any person may enter a rule in clerk's the court appealed from.
office in vacation, by petition.-Pro. 43. Judgments how to be recorded; receedings in such cases.
cords may be amended. 19. No process to be quashed for want of 44. Executions when to be issued, and
form.-Amendments may be made- when returned.
45. Representative of one jointly bound 20. Partner omitted may be made defen- liable after surviving debtor has been dant.-How proceeded against.
pursued to execution. 21. Courts may appoint auditors in suits 46. Judgment against part of joint contracbetween partners and others.
tors, no bar to action against others. 22. If several defendants in trespass, 47. In appeals from judgments on notes, those acquitted to recover costs.
&c. appellee to recover double inter23. Plaintiff in supreme court not to dis- est and double costs, in certain cases.
continue after cause is submitted to 48. Where plaintiff is not an inhabitant of the jury.
this state, he must procure an inhabi24. Surviving plaintiff may proceed against tant to endorse his writ ; and court
surviving defendant, if action survive. may require plaintiff to give defendant 25. Actions which survive.
security for costs in all cases. 26. Party to a suit dying, death to be sug. 149. Every indorser of a writ liable to pay