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An Act prescribing the forms of Writs and manner of serving

them.

case.

Section

SECTION 1. Forms of writs.

how served; person served with a 2. Writs, how to be issued, signed and copy to make oath.

tested,and to run throughout the state. 22. Corporation served with a copy; who 3. Goods and chattels may be attached, to make oath.

if defendant's body cannot be found in 23. Plaintiff in such suit may recover the precinct of the officer.

amount in hands of garnishee, by suit 4. Officer to hold goods and chattels at against him.

tached to answer the judgment. 24. If persons served with a copy render 5. Certain property may be sold before no account, liable for whole debt.

judgment by order of court or judge. 25. Person served with a copy may answer 6. Execution issued in a suit commenced

by attachment, to be levied on goods 26. Person served with a copy to be paid and chattels attached.

his expenses. 7. Proceedings in case of levy on goods 27. If property be a specific article, it may

and chattels; to be sold at auction af be delivered to officer having executer notice.

tion. 8. Household furniture and tools not lia- 28. Mariners' wages not liable to attachble to attachment.

ment. 9. Goods &c., taken on warrants of dis. 29. Shares in a bank, &c., liable to attach

tress, to be sold as goods levied on by ment; form of attachment. execution.

30. When such attachment made, who to 10. When writ issues against two or more render an account of shares.

defendants, one may be arrested and 31. Such shares may be attached on exethe other summoned.

cution. 11. Real estate liable to attachment in 32. Such attachment not to affect pre

certain cases; proceedings in case of vious lien. such attachments.

33. Same proceedings in foreign attach12. Return of an officer not conclusive in ments in justice's courts as in court of certain cases, of certain facts.

common pleas. 13. Time of attachment to be noted by of- |34. Goods, chattels and real estate of forficer in his return.

eign corporations liable to attachment. 14. Form of sheriff's deed of real estate. 35. Where copies are to be left when such 15. Personal estate under mortgage may attachments are made.

be attached as property of mortgagor. 36. If no known agent, notice to be pub16. When so attached, may be sold before lished in newspaper. judgment.

37. Executions against corporations to is17. On such sale, mortgagee to be first sue against goods, chattels and real

paid and surplus held by the officer to estate; when returned unsatisfied,scire answer the judgment.

facias may be taken out against cor18. If attached on execution, to be sold poration.

like other personal property ; proceeds 38. Original summons how served. how applied.

39. Writs scire facias how served. 19. Plaintiff in such suit may redeem mort- 40. Summons for witness how served; gage.

penalty for disobeying. 20. If not redeemed or sold before right of 41. No civil process to be served on Sunredemption expires, attachment void.

day. 21. Property of an absent or concealed 42. Narragansett bay in what county.

debtor or foreign corporation, in hands 43. Writs against females, how issued and of trustees, liable to attachment; writ served.

It is enacted by the General Assembly, as follows:

SECTION 1. The forms of writs of arrest, original summons, executions and other writs herein after mentioned, to be used in the several courts of this state, shall be substantially as follows, to wit:

Writ of Arrrest. The State of Rhode Island and Providence Plantations. [SEAL.] sc.To the Sheriffs of our several counties or to their deputies

greeting : We command you to arrest the body of (if

may be found in your precinct) and for want of body to attach goods and chattels to the value of

dollars, and

or those in safe custody keep, to answer the complaint of

at the next court of common pleas to be holden at

within and for our said county of Monday of next ensuing the date hereof, in an action of as by declaration to be filed in court will be fully set forth: to the damage of the plaintiff dollars. Hereof fail not, and make true return of this writ with your doings thereon. Witness, Esq. at this

Clerk.

on the

day of

in the year

may be found

Writ of Summons. The State of Rhode Island and Providence Plantations. [SEAL.] sc.To the Sheriffs of our several counties or to their deputies greeting :

We command you to summon (if in your precinct) to answer the complaint of

at the next court of common pleas to be holden at within and for our said county of

Monday of next ensuing the date hereof, in an action of

as by declaration to be filed in court will be fully set forth : to the damage of the plaintiff dollars. Hereof fail not, and make true return of this writ with your doings thereon. Witness, Esq. at this

Clerk.

on the

day of

in the year

of

on the

Execution. The State of Rhode Island and Providence Plantations. [SEAL.] SC.To the Sheriffs of our several counties or to their deputies greeting; Whereas

by the consideration of our court of holden at within and for our county of

Monday of recovered judgment against of for the sum of debt or damages and

costs of suit, as to us appears of record, whereof execution remains to be done : we command you, therefore, that of the goods and chattels of the said

within your precinct, you cause to be levied and paid unto the said the aforesaid sums, being in the whole, with twenty-five cents more for this writ; and thereof also to satisfy yourself

in our

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 and commit unto our jail in county of

therein to be kept until pay the full sums above mentioned, with your fees, or that 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 to be holden at within and for our county of

Monday of next. Witness, Esq. at this

in the year

Clerk.

on the

day of

on

Execution on judgment for possession of real estate. The State of Rhode-Island and Providence Plantations. [SEAL.] SC.To the Sheriffs of our several counties or to their deputies

greeting : Whereas

by the consideration of our court holden at

within and for our said county of the Monday of recovered judgment for the possession of with the privileges and appurtenances thereto belonging, against who had unjustly withholden him from the possession thereof; and also, by the consideration of the same court recovered judgment against the said for 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 to have possession of and in the said with the privileges and appurtenances thereunto belonging. We also command you, that of the goods and chattels of the said precinct, you cause to be levied and paid to the said the 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 and commit to our jail in our county of

therein to be kept until

pay the full sum above mentioned, with your fees, or that 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 to be holden at within and for our county of Monday of

next. Witness, Esq., at this

in the
year

Clerk.

within your

on the

day of

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

at a justices' court to be holden at in

at o'clock in the noon, in an action of

to the damage of the plaintiff (as says) dollars. Hereof fail not, and make true return of this writ with your doings thereon.

Given under my hand and seal, at aforesaid, the

on the

day of

day of

in the year

Justice of the Peace.

day of

Execution to be issued by a Justice of the Peace. 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 greeting :

Whereas at a justice's court holden at on the

recovered judgment of said court against

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

; and for want of sufficient goods and chattels of the said

to be 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 until satisfy and pay the said the sums aforesaid and your fees, or until

be by the said therefrom discharged, or otherwise by order of law. Hereof fail not, and make true return of this writ, in three months from the date hereof, and of

your doings thereon. Given under my hand and seal, at aforesaid, this

Justice of the Peace.

into your

day of

in the year

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SC.

on the

in the year

Summons for a Witness. то

of

greeting. You are hereby required, in the name of the state of Rhode Island and Providence Plantations, to make your appearance before the court of

next to be holden at within and for our county of

Monday of to give evidence of what you know relating to an action or plea of then and there to be heard and tried, betwixt plaintiff, and defendant. Hereof fail not, as you will answer your default under the penalty of the law, in that behalf made and provided. Dated at the day of

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.

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