« PreviousContinue »
surety; and if the plaintiff do not comply with said order, his action shall be dismissed, and judgment shall be rendered for the defendant for a return and restoration of the goods and chattels replevied, and for damages and costs, the same as if the plaintiff had neglected to enter his writ of replevin.
SEC. 6. Whenever any plaintiff in replevin shall neglect to enter and prosecute the suit, the defendant may upon complaint have judgment for a return and restoration of the goods and chattels replevied, and damages for the taking, to the amount of six per cent. on the penal sum of the bond, with reasonable costs; and a writ of return and restoration thereupon accordingly.
Sec. 7. If upon trial of the writ of replevin judgment shall be rendered for a return and restoration, the defendant shall recover for his damages six per cent. on the penal sum of the bond, if such judgment shall be recovered within one year from the date of such writ; but if such judgment shall be recovered after the expiration of one year from the date of said writ, the defendant shall have for his damages six per cent. per annum on the penal sum of the bond.
SEC. 8. If upon trial of the writ of replevin the plaintiff shall make good his plea, he shall recover of the defendant his reasonable damages for the taking and detention of the goods and chattels and his costs. Sec. 9. If upon trial of the writ of replevin the plaintiff
. shall make good his plea for part of the goods replevied, and shall fail to make it good as to the other part, he shall have judgment for his reasonable damages for the taking and detention of the part adjudged to be his, and his costs; and the defendant shall have judgment for a return and restoration, as provided in the seventh section of this act, for the goods and chattels adjudged to him, with damages, to be estimated as provided in said section, according to the relative value of such part, and all the goods and chattels replevied, with or without cost at the discretion of the court; but the court before whom such trial shall be had shall in such case set off the damages recovered by each.
Sec. 10. When the goods and chattels replevied shall have been taken on execution or warrant of distress, they shall, in case of a judgment of return and restoration, be held responsible for the space of twenty days after the return thereof; if on mesne process, until thirty days shall have expired after final judgment thereon, in case judgment shall not then have been given; but if final judgment on mesne process shall have been given before the return, then for the space of
twenty days only after the return; to the end the creditor at whose suit they were originally taken may have a complete remedy, and the benefit of his attachment.
Sec. 11. The money recovered by way of damages by any officer who has taken or attached goods and chattels at the suit of a creditor, shall be deemed to be recovered to the use of the attaching creditor, and when received shall be paid over to him.
Sec. '12. The writ of return and restoration shall substantially be as follows:
The State of Rhode Island and Providence Plantations. [SEAL.]
SC. To the sheriffs of our several counties or to their deputies,
greeting : Whereas of in the county of lately replevied the following goods and chattels, viz: (here enumerate and particularly describe them :) which of in our said county of had unlawfully taken, (detained or attached, as the case may be,) as the said suggested, and caused the same to be summoned to appear before our court of common pleas then next to be holden at within and for our said county of to answer unto said
for such unlawful taking, (detaining or attaching, as the case may be,) on the Monday of
And whereas to our said court at their said term, begun and holden as aforesaid, upon a full hearing of the cause of the taking, (detaining or attaching, as the case may be,) it appeared that the said taking, (detaining or attaching, as the case may be,)was lawful and justifiable; whereupon it was then and there by said court considered, that the same be returned and restored unto the said irrepleviable; and that the said against the said
the sum of dollars damages for his taking the same by the said process of replevin, and his costs of defence, taxed at as to us appears of record, whereof execution remains to be done : We command you therefore, that you forthwith return and restore the same goods and chattels unto the said
and also 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, together with your fees ; and for want of such
; goods and chattels of the said to be by you found within your precinct to satisfy and pay the sums aforesaid, we command you to take the body of the said
and him commit to our jail in in our county of therein to
be kept until he pay the sums aforementioned with your fees, or until he be discharged by the said or otherwise by order of law. Hereof fail not, and make true return of this writ and your doings thereon to our next court of common pleas to be holden at in our said county of Monday of
next. Witness, Esq. at this
Sec. 13. Justices of the peace shall have power to issue writs of replevin where the goods and chattels to be replevied are of twenty dollars or less in value, if they were taken, attached or detained in the town in which the justice dwells who issues the writ. They are also empowered to try the same and to award execution therein, adhering in their proceedings, as near as may be, to the forms herein prescribed.
An Act concerning Waste. SECTION
SECTION 1. Tenant for life,&c., committing waste, whom to be issued, to whom directto forfeit the place wasted.
ed, and how to be served. 2. Any joint tenant, &c., committing 4. Adverse party to be notified before
waste on the estate holden in joint writ of estrepement to be issued. tenancy, &c., to forfeit double the 5. Court issuing writ of estrepement may amount of the waste-how to be re- require bond of the person applying covered.
for the same. 3. Writs of estrepement when and by 1 6. Writs of estrepement when returnable. It is enacted by the General Assembly, as follows :
SECTION 1. If any person who shall be seized of any real estate for the term of his own life, or for the life or lives of any other person or persons, or as a tenant for years, shall commit or suffer any waste on such estate, he shall forfeit his estate in the place so wasted, and double the amount of the waste so done or suffered ; to be recovered in an action of waste by the person entitled to the next estate in remainder or reversion, in the place so wasted.
Sec. 2. If any joint tenant, tenant in common or coparcener, shall commit any waste on any estate by him holden in joint tenancy, tenancy in common, or coparcenary, without the consent of the other joint tenants, tenants in common, or coparceners, he shall forfeit double the amount of the waste so done, to be recovered by the other joint tenants, tenants in common, or coparceners, to their own use; and it shall be lawful for any one or more of the other joint tenants, tenants in common, or coparceners, to commence an action for the same in the name of all the joint tenants, tenants in common, or coparceners, not named as defendants therein ; and if any person named as plaintiff without his consent shall neglect to appear after being duly notified, in such manner as the court shall direct, his name shall be stricken from the writ and pleadings, and the others shall have a right to prosecute the same to final judgment and execution, in their own names and for their own use.
SEC. 3. The supreme court in any county, and each of the justices thereof in vacation, on the application of the plaintiff
, in an action of ejectment, trespass and ejectment, partition or waste, are hereby empowered, under the provisions following, to issue a writ of estrepement, directed to the sheriff or to his deputies, of the county in which the estate in question may be, requiring him to stay all the waste on the estate that shall be described in such writ of estrepement ; and the sheriff or his deputy, who shall be charged with the service of such writ, shall have power to stay all waste, as shall be directed in such writ, and to take such aid as shall be necessary for that purpose.
Sec. 4. Upon the application of any party for a writ of estrepement, said court or justice, before issuing the same, shall cause the party whose interests may be affected thereby to be notified of the pendency of such application, in such manner and mode as said court or justice may deem proper, to the end that the party so to be affected by, as well as the party applying for said writ, may be heard in the premises. And upon such hearing, the said court or justice may, in their discretion, issue or refuse to issue said writ, in the same manner as courts of equity grant or refuse to grant injunctions in like cases.
Sec. 5. The said court or justice may, on said hearing and before the issuing of said writ, require of the party applying for the same, bond with sufficient surety, and in such sum as said court or justice may prescribe, to make good to the party whose interests may be affected by said writ, all loss and damage which he may suffer by reason of the issuing of said writ; if said court or justice, in their discretion, judge that the circumstances of the case or the rights of the parties require such bond to be given.
Sec. 6. If such writ of estrepement shall be issued by the court, it shall be returnable at such time as the court shall direct; and if such writ shall be issued by a justice of said court, it shall be returnable to the next term of said court within and for the county in which the estate lies, which is described therein.
An Act relating to Dower and the assignment thereof. SECTION
SECTION 1. Widow to be endowed.
9. Courts of probate may set off dower 2. How to be endowed of things entire. on the joint application of all persons 3. When and by whom dower shall be as- interested.
signed--when more than one parcel 10. In such case court of probate to decree of land, dower may be set off in one in what manner dower is to be set off; only.
appeal from decree to supreme court. 4. Until dower be assigned, widow may 11. Upon final decree commissioners to be remain in mansion-house.
appointed to carry it into effect.. 5. On refusal to set off dower after de- 12. Tenant in dower not to commit waste,
mand, writ of dower may be brought. on pain of forfeiture, but to keep estate 6. Judgment in dower to set forth the
in repair. manner in which dower shall be as- 13. Jointure to be a bar to dower, but may signed-party aggrieved at judgment be waived. in court of common pleas may appeal 14. Conveyances in lieu of dower to cease to supreme court.
in certain cases. 7. On final judgment for dower, commis- 15. Widow evicted of her jointure lands
sioners to be appointed to set it off- to be endowed. proceedings of commissioners-report 16. Widows may bequeath crops-fences of, to be recorded.
erected by, may be removed within 8. Action of dower not to abate by death six months after widow's decease.
It is enacted by the General Assembly, as follows :
SECTION 1. The widow of any person dying intestate, or otherwise, shall be endowed of one full and equal third part of all the lands, tenements and hereditaments, whereof her husband, or any other to his use, was seized of an estate of inheritance, at any time during the intermarriage, to which she shall not have relinquished her right of dower by deed, except in the cases provided for in the thirteenth section of this act.
Sec. 2. Of inheritances that are entire, where no division can be made by metes and bounds, so that a woman can be endowed of the thing itself, and of wood lands, she shall be endowed in a special and certain manner, as of a third part of the rents, issues, growth or profits thereof, to be computed and ascertained in manner as is by this act directed. Sec. 3. The heir or person having the next immediate
. estate of freehold in all or any of the lands, tenements or hereditaments which belonged to the deceased during the intermarriage, whereof the widow is dowable, may in writing and under his hand, assign and set off to such widow her dower or just third part of and in all such lands, tenements and hereditaments, according to the provisions of this act, at any time after the decease of the husband; and where dower is legally demandable in more than one lot or parcel of land belonging to the same person, such assignment need not be of a part of each lot or parcel, but may be together in one lot, as the interest and convenience of the widow and the heir or person having the next immediate estate of freehold shall re