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Sec. 2. And be it further enacted, That all writs, original Writs how and judicial, issued in the name of the State of Rhode- sued. Island and Providence Plantations, shall be under the seal of the respective courts, from which they shall issue, be signed by the clerk, and bear test of the first justice thereof, not a party to such suit, and be directed to and To whom
directed. served by the sheriff or his deputy: provided, that if the clerk of the court from which any writ or other process shall issue, shall be a party in any writ, all such writs and other process in such suit, shall be signed by one of the justices of the court from which such writ or process shall be issued : Provided also, That if the sheriff shall be a Proviso. party in any suit, all writs and other process in such suit, to be served in the county whereof he is sheriff, shall be directed to and served by any one of the town-sergeants in such county, not a party thereunto.
Sec. 3. And be it further enacted, That whenever a writ of How to be arrest shall be delivered to an officer duly authorized to servech serve the same, he shall use his best endeavours 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 at the time of making the same, leave an attested copy of such writ, with a copy of his return, or doings thereon, at the defendant's usual place of abode, with some person there, that the defendant may have knowledge of the suit; and in all civil cases, when execution shall be levied on any goods Execution or chattels, such goods or chattels shall be kept in the of- how to be
levied. ficer's hands, and advertised at least ten days before they shall be exposed and offered for sale, in order that the person who owned such goods and 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, costs and charges are paid, the same shall be returned by the officer to the owner, or to any person legally qualified
Articles on his behalf to receive the same: Provided however, That from at the following articles shall not be liable todistress or attachtachment. ment, on any warrant of distress, or on any writ, original
or judicial, issued against any housekeeper, viz. one bed and bedding for every two persons in a family; and also for each person in the family, one chair, one knife and fork, one plate, and one cup and saucer, together with other necessary furniture; provided the whole, including beds and bedding, do not exceed in value the sum of fifty dollars ; also their necessary wearing apparel together with one cow or hog, and the working tools of said debtor necessary for his or her usual occupation; provided, the said tools, do not exceed in value the sum of thirty
Sec. 4. And be it further enacted, That in case any officer of distress for taxes, or by any warrant of distress whatsoever, shall executed.
de distrain the goods and chattels of any person, the officer
who shall make such distraint, shall proceed in the same manner, and be holden to the same rules, as herein before directed in attachments in civil actions. .
Sec. 5. And whereas it often happens, That persons who are indebted, live out of this State, or conceal themselves therein, so that neither their bodies, nor personal
estate can be come at to satisfy their debts : Real es Be it enacted, That when a writ is taken out against any
te may, person, whose body or personal estate cannot be found ed in case. within this State, the words “or real estate,” may be ad
ded in the writ, next to the words goods and chattels; and the officer to whom the writ is directed, may, attach the real estate of the person indebted as aforesaid, 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 such 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 retur, 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 con-. tinue the same for one term ; and the defendant in such
ease, 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 against the real estate attached as aforesaid, and the officer charged with the service of such execution, after having levied the same on such real estate, shall set up notifications in three or more public Execu. places in the town where such real estate lies, for the tions how space of three months at least, after such execution is le- vied therevied, before the same shall be exposed to sale, notifying all persons concerned of the attachment and intended sale of said estate, that the owner of such estate may have an opportunity to redeem the same. But if no person appear to redeem the said estate, then the officer shall sell the same, or so much thereof as shall be sufficient to satisfy the judgment obtained, and the costs, at public auction; and a deed thereof by him given, shall vest in the Sheriff to purchaser all the estate, right and interest, which the givela debtor had therein at the time such estate was attached as aforesaid ; and the surplusage of the money that shall Surplus arise from the sale of said estate, after satisfying the ex
be lodged ecution and the costs therein, shall be lodged in the gen- in the eral-treasury for the owner thereof, and be liable to be treasury. attached for his other debts. And such sale shall be Sale to be made under the execution levied thereon although the made unt return day thereof may have passed. And in all cases ecution lewhen execution shall be issued upon any judgment, vied, alu where real estate was not attached by the officer on the day passed original writ, if no personal estate can be found, nor the debtor's body, the party obtaining judgment may cause execution to be levied on real estate in manner aforesaid.
Sec. 6. And be it further enacted, That in all attachments First atof real estate, goods and chattels, and in all foreign at- tachment tachments, he who first procures any such attachment to satisfied. be made for any just debt, shall be entitled to have such his debt, for which he first attached as aforesaid, satisfied, before any other debt, for which the same may be attached or taken by execution at the suit of any other person: and all others in order of attachment. And as Time of divers attachments of the same real and personal estate, attacha may happen to be made on the same day, the officer who entered on shall make any such attachment, whether on real or per- the writ. sonal estate, or by service of a copy of a writ on any person or body corporate, for attaching any estate in his or
their hands, shall be obliged, in his return, to set forth the time of the day when such attachment was made, to the end that priority of attachment may be known.
Sec. 7. And be it further enacted, That the following shall be the form of the deed to be given, when real
estate is attached and sold as aforesaid, viz. Form of To all people to whom these presents shall come, send greeting : iff's deed. W
Whereas an execution against
at the suit of was by me the said
on the day of levied on [here describe the premises :) . and whereas on the day of all the estate, right, title, interest, and property of the said the premises aforesaid, were by me the said sold at public auction, for the satisfaction of the said execution, to
who was the highest bidder, for the sum of which the said
hath since well and truly paid me the said
Now know ye, that by force and virtue of the law in such case made and provided, I, the said
in consideration of the sum of money paid unto me as aforesaid, do, by these presents, bargain, sell, assign and set over, unto the said
heirs and assigns for ever all the estate, right, title, interest, property, freehold, and inheritance of the said
of, in and to the said premises and appertenances, at the time of the attachment thereof: To have and to hold the said premises and appertenances to the said
heirs and assigns for ever. In Witness, &c. Proviso. Provided however, That whenever the attachment shall
have been made by original writ, the sheriff shall insert
the time thereof and vary his deed accordingly. Summons Sec. 8. And be it further enacted, That an original sumhow to be
mons 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, and a writ of scire facias shall be served in the same manner, and a certificate of such service, by the officer who made the same, shall be con
sidered as due proof thereof. Summons Sec. 9. And be it further enacted, That a summons for a for wit
how witness shall be served by reading the same to him, and to be serv- every witness so summoned and having tendered to him
his lawful fees, 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 Witness the aggrieved party for all damages sustained in conse- neglecting quence of such default; and the court or justice of the peace &c. shall have power, by writ of attachment, to bring such witness into court, and to fine him not exceeding twenty dollars and shall order him to pay costs of such attachment, and to be committed to prison until such fine and costs be paid.
Sec. 10. And be it further enacted, That no civil process No civil whatsoever, shall be served on Sunday, but every such prosinca
on Sunday service shall be utterly void.
Sec. 11. And be it further enacted, That all the waters of How prethe Narragansett Bay, situate to the northward of Field's cepts may Point, shall be deemed a part of the county of Provi- in Narradence, and be within the jurisdiction of said county; and ansett that 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 of this State ; but that it shall be lawful for any sherift
, or other officer duly authorized, belonging to either of the counties of this State, to serve any writ or other process whether of a civil or criminal nature, within any part of the waters of the said Narragansett Bay.
Sec. 12. And be it further enacted, That all indictments Crimes for any
crime or misdemeanor, committed on the waters in the Bay of the said Narragansett Bay, shall be triable in any coun- where trity of this State, at the discretion of the attorney-general: able. Provided nevertheless, That all writs in civil suits shall be proviso. made returnable in the county where either the plaintiff or defendant may reside, if both of them shall be inhabit. ants of this state, any thing in this act to the contrary notwithstanding
An act enabling creditors to recover their just debts and demands 1744, 464
of persons who are absent from the State, or concealed therein, "98 1822. and for other purposes therein mentioned.
Section 1. Be it enacted by the General Assembly, and by Personal the authority thereof it is enacted, That when any person shall estate of reside or be absent out of this state, or shall conceal him- concealed self therein, so that his body cannot be arrested, then the persone