Slike strani
PDF
ePub

Sec. 22. Any officer who shall refuse or neglect, for six hours, to deliver a true copy of the warrant or process, by which he detains any prisoner, to any person who shall demand such copy, and tender the fees therefor, shall forfeit and pay to such prisoner the sum of one hundred dollars.

Sec. 23. If any person to whom such writ of habeas corpus

shall be directed shall refuse to receive the same, or shall neglect to obey and execute it, according to the provisions of this act, and no sufficient excuse shall be shown for such refusal or neglect, the court or justice before whom the writ is returnable shall proceed forthwith, by process of attachment as for a contempt, to compel obedience to the writ, and to punish the person guilty of the contempt.

Sec. 24. If such attachment shall be issued against a sheriff or his deputy, it may be directed to any town sergeant, or to any other person, to be designated therein, who shall have full power to execute the same; and if the sheriff or deputy should be committed upon such process, he may be committed to the jail of any other county than his own.

Sec. 25. Upon such refusal or neglect of the person to whom the writ of habeas corpus is directed, the court or justice may also issue a precept to any officer or other person to be designated therein, commanding him to bring forthwith before such court or justice, the person for whose benefit the writ of habeas corpus was issued ; and the prisoner shall be thereupon discharged, bailed or remanded, in like manner as if he had been brought in upon the writ of habeas corpus.

Sec. 26. Every person guilty of such refusal, or neglect to receive and execute a writ of habeas corpus, shall moreover forfeit and pay to the party aggrieved thereby, a sum not exceeding one thousand dollars.

Sec. 27. If any one who has in custody or under his power any person entitled to any writ of habeas corpus, whether any writ has issued or not, shall, with intent to elude the service of such writ, or to avoid the effect thereof, transfer such prisoner to the custody, or place him under the power or control of any other person, or conceal him, or change the place of his confinement, the person so offending shall forfeit and pay to the party aggrieved thereby a sum not exceeding one thousand dollars.

Sec. 28. "The recovery of any penalty imposed by this act shall not bar any action at the common law for false imprisonment, or for false return to the writ of habeas corpus, or for any other injury or damage sustained by the aggrieved party.

Sec. 29. No person who has been discharged upon a writ of habeas corpus shall be again imprisoned or restrained for the same cause, unless he shall be indicted therefor, or convicted thereof, or committed for want of bail by some court of record having jurisdiction of the cause; or unless after a discharge for defect of proof, or for some material defect in the commitment, in a criminal case, he shall be again arrested on sufficient proof, and committed by legal process for the same offence.

Sec. 30. Nothing contained in this act shall be construed to restrain the power of the supreme court, or any one of the justices thereof, to issue a writ of habeas corpus at their discretion; and thereupon to bail any person, for whatever cause he may be committed or restrained, or to discharge him, as law and justice shall require.

Sec. 31. When any person is committed to jail on any criminal accusation, for want of bail, any justice of the court of common pleas, or justice of the peace of the same county, may admit him to bail, in like manner as might have been done by the court or magistrate who committed him ; and the said justices, respectively, shall have power to issue a writ of habeas corpus, and to cause such prisoner to be brought before them, when it shall be necessary for the purpose expressed in this section.

Sec. 32. Nothing contained in this act shall be construed to restrain the power of any court to issue a writ of habeas corpus, when necessary, to bring before them any prisoner for trial, in any criminal case lawfully pending in the same court; or to bring in any prisoner to be examined as a witness in any suit or proceeding, civil or criminal, pending in such court, when they shall think the personal attendance and examination of the witness necessary for the attainment of justice.

An Act concerning Actions of Account. SECTION

SECTION 1. Action of account may be sustained by against him-auditors may administer

one tenant in common, &c., against oaths-party refusing to be sworn may his fellow commoner.

be committed. 2. Defendant may appeal from judgment. 5. Court shall render judgment on report 3. Court shall appoint auditors in case of of auditors--for costs, &c, final judgment to account.

6. Award as conclusive if signed by ma4. Defendant neglecting to appear, &c.;

jor part of auditors as if signed by all, auditors may award whole demand if all met. It is enacted by the General Assembly, as follows :

SECTION 1. When two or more persons have and hold any estate, interest or property, whether real or personal, in

common, as joint tenants, tenants in common, coparceners or joint owners, and one or more of the owners of such common property shall take, receive, use or have benefit thereof, in greater proportion than his or their interest therein, such owner or owners, his or their executors and administrators, shall be liable to render his or their account of the use and profit of such common property, to his or their fellow commoner or commoners, jointly or severally; and such the fellow commoner or commoners, or any or either of them, their executors or administrators, may and are hereby authorized to have his or their action of account against such receiver or receivers, or either of them, as his or their bailiff or bailiffs, for receiving more than his or their part or proportion as aforesaid.

Sec. 2. Any defendant in such action may appeal to the next term of the supreme court to be holden in the same county, from a judgment of the court of common pleas against him that he shall account; but if no such appeal be prayed in open court, within two days next after such judgment, the same shall be final.

Sec. 3. Upon rendering final judgment against the defendant in such action that he shall account, the court rendering the same shall appoint not exceeding three auditors; who, upon being sworn by said court or any justice of the peace or public notary, to a faithful and impartial discharge of their duties, shall appoint a time and place to meet the parties in said action, and to take the account as required in said judgment, and give notice thereof to said parties.

Sec. 4. When any defendant shall unreasonably refuse or neglect to appear at the time and place assigned by said auditors, or after appearing shall refuse or neglect to render an account, the auditors may award to the plaintiff the whole of his demand ; and it shall be in the power of the auditors to administer an oath to the parties respectively, and to examine them respecting their accounts and the matters submitted to them; and upon either of the parties refusing to take an oath, truly to answer such questions as shall be asked, or to answer directly to the interrogatories put to him, it shall be in the power of the auditors to commit him to jail

, there to remain at his own charge until he consent to take such oath and answer such interrogatories.

Sec. 5. When the auditors appointed in any case shall have made their report or award concerning the matters submitted to them to the court from whence they shall have received their appointment, if no legal cause shall be shown for setting aside such award or report, judgment shall be rendered in conformity thereto, and also for costs, including such reasonable allowance to the auditors for their service as the court shall judge proper to make ; and the said compensation to the auditors shall be paid down by the party in whose favor final jndgment shall be rendered, before he shall have execution on said judgment.

Sec. 6. À major part of the auditors appointed in any case agreeing and signing said report or award, the same shall be equally binding and conclusive as if agreed to and signed by all of them : provided always, that it shall be necessary in order to give validity to such report or award, that all the auditors shall accept of their appointment, and meet on the subject matter thereof.

An Act regulating Proceedings in Replevin.

SECTION

SECTION 1. Goods, &c., attached or detained may 7. Damages in case judgment be renderbe replevied.

ed on trial for defendant. 2. Form of writ of repleyin.

8. If plaintiff make good his plea, to have 3. Sheriff being party to such writ the damages of defendant.

same to be directed to and served by 9. How judgment shall be rendered if a town sergeant in the county:

plaintiff make good his plea for part 4. The officer charged with a writ of re- of the goods only.

plevin to take bond before he serves 10. Goods taken on execution or mesne the writ.

process, how long to be responsible af5 Defendant dissatisfied with amount or ter judgment for a return.

sureties on bond, court may order fur- 11. Damages recovered by an officer in ther bond.

replevin to enure to the creditor. 6. Plaintiff neglecting to enter suit, de- 12. Form of writ of return.

fendant to have judgment for a return 13. Justice of the peace may issue writs and damages, on complaint filed.

of replevin.

It is enacted by the General Assembly, as follows:

Section 1. When any goods or chattels of more than twenty dollars value, shall be unlawfully taken or unlawfully detained from the owner or from the person entitled to the possession thereof, and when any goods or chattels of that value, which are attached on mesne process or execution, or warrant of distress, are claimed by any person other than the defendant in the suit or process in which they are attached, such owner or other person may cause the same to be replevied.

Sec. 2. The writ in such case shall be substantially as follows:

The State of Rhode-Island and Providence Plantations. [SEAL.] sc. To the sheriffs of our several counties and to their deputies,

greeting : We command you, that you replevy, if to be found within your precinct, the goods and chattels following, viz: (here enumerate and particularly describe them) belonging to of now taken (detained or attached as the case may be) by of at in the county of

and them deliver unto the said

provided the same are not taken, attached, or detained upon mesne process, warrant of distress, or upon execution as the property of the said

and summon the said

that he appear before our court of common pleas next to be holden at

within and for the county of

Monday of to answer unto the said in a plea of replevin; that the said the day of at said

unlawfully, and without justifiable cause, took the goods and chattels of the said as aforesaid, and them unlawfully detained unto this day, (or unlawfully detained the goods and chattels aforesaid, as the case may be,) to the damage of the said

as he says, dollars. Hereof fail not, and make true return of this writ with your doings thereon, together with the bond take of the plaintiff. Witness,

this

in Clerk.

on the

on

you shall

Esq. at

day of

the year

Sec. 3. If any sheriff or deputy sheriff be party to such suit, then the writ shall be directed to and served by either of the town sergeants in the county in which the same is to be served.

SEC. 4. The officer charged with the service of any such writ shall, before serving the same, take from the plaintiff or from some one in his behalf, a bond to the defendant, with sufficient sureties in double the value of the goods and chattels to be replevied ; with condition to prosecute the said writ of replevin to final judgment, and to pay such damages and costs as the defendant in said writ shall recover against him, and also to return and restore the same goods and chattels in like good order and condition as when taken, in case such shall be the final judgment on said writ.

Sec. 5. In case the defendant shall, at any time pending the writ of replevin, be dissatisfied with the amount or the sureties in such bond, the court before which the same shall be pending may, on his motion, and for cause shown, in their discretion, order the plaintiff to give further bond or further

« PrejšnjaNaprej »