in case such shall be the final judgment; and have you there this writ, with your doings thereon, together with the bond you shall take.

Witness

of

Esq. at

in the year

this

day

Clerk.

to prose

fendant to

en on exe

And in case the plaintiff in replevin shall neglect to en- Plaintiff ter and prosecute the suit, the defendant may, upon com- neglecting plaint, have judgment for a return and restoration of the cute, degoods and chattels replevied, and damages for the taking, have judg to the amount of six per cent. on the bond, with reasona- ment. ble costs, and a writ of return and restitution thereupon accordingly; and if upon trial of the issue, judgment shall Rule for be rendered for a return and restitution, the interest of estimating damages. six per cent. upon the penal sum of the bond shall be taken as a rule for estimating the plaintiff's damages, in case they were taken on execution, and if on mesne process, such damages as the court in their discretion shall think reasonable; and when the cause of taking shall Goods tak have been upon execution, the goods and chattels return- cution, &c. ed shall be responsible for the space of twenty days af- how long ter the return, and if on mesne process, until thirty days ble. 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: and the money recovered by Damages way of damages, by any officer who has taken and attach- for use of ed at the suit of a creditor, shall be considered and taken as recovered to the use of the creditor, and when received, be paid over to him accordingly.

responsi

the credit

or.

copy, in

case.

SEC. 2. And be it further enacted, That when the defend- Writ to be ant in replevin cannot be found, an authentic copy of the served by writ of replevin, attested by the officer, being left at the house or place of usual abode of the defendant, six days if before a justice, and twenty if before the court of common pleas, prior to the time of trial, shall be sufficient to oblige the defendant to answer the suit.

writ of re

SEC. 3. And be it further enacted, That any justice of the Justices peace, in his proper county, be and he is hereby author- may issue ized and empowered, in case the goods and chattels to be plevin, &c. replevied do not exceed in value the sum of twenty dol

Form of writ of restitution.

lars, to issue a writ of replevin in manner and form as
aforesaid; and the form of a writ of return and restitution
by a justice of the peace shall be as follows, viz:

sc. The State of Rhode-Island and Providence
Plantations.

[Seal.]

Whereas

To the Sheriff of our county of

deputy, greeting.

of

or his

in our county of

lately replevied (here insert such description of the goods or chattels as they had in the writ of replevin) which in our said county of

of

unlawfully taken, and unjustly detained, as the said
suggested, and caused the said

summoned before

said

sum of

had

to be

one of our justices of the to answer unto the

for such supposed unlawful taking and detain

at

the

peace, for our said county of
said
ing, at a day now passed; and whereas upon the
day of
aforesaid, upon a hearing of the
cause of taking and detaining the said
before our
said justice, it appeared that the same taking and detain-
ing was lawful and justifiable; whereupon it was then
and there considered, that the same be returned and re-
stored to the said
irrepleviable; and that the
recover against the said
dollars damages for his taking the same, by
the said process of replevin, and the further sum of
for his costs, arisen in the defence of the said suit, as by
the said record of our said justice, before him remaining,
to us appears, whereof execution remains to be done:
we command you therefore, that you forthwith return and
restore the same unto the said
and also, that
of the money of the said
or of his goods or
chattels within your precinct, you cause to be levied, paid
and satisfied, unto the said
being in the whole

the aforesaid sums,

with twenty-five cents more for this writ, together with your own fees; and for want of such money, goods or chattels of the said

of the said

to be by him shewn unto you, or found within your pre-
einct, to the acceptance of the said
for satisfy-
ing the aforesaid sums, we command you to take the body
and him commit to our jail in
and we command the keeper thereof accordingly to
receive the said
into our said jail, and him
safely to keep until he pay the full sums above mention-

ed, with your fees, or that he be discharged by the said the creditor, or otherwise by order of law.Hereof fail not, and make return of this writ, with your doings thereon, unto our said justice, within ninety days next coming.

Witness our said justice at in the year

the

day of

nam may

in case.

SEC. 4. And be it further enacted, That when the sheriff Writ of or other officer unto whom the writ of return and restitu- withertion shall be directed, shall not be able to find the goods be granted or chattels in his precinct, which shall by the same precept be directed to be returned and restored irrepleviable, and the same shall appear in writing by the return of the officer thereon, the court from whence the same issued may, upon motion, grant a writ of withernam against the plaintiff in replevin, to compel a complete and specific performance of the judgment; which writ of withernam shall be in substance as follows, viz:

sc. The State of Rhode-Island and Providence

in our county of

lately replevied (here insert such description of the goods or chattels as they had in the writ of replevin) and which were at the time of the replevy of the value of aforesaid, had unlawfully suggested, and

which

of

taken and detained, as the said caused the said

of

to be summoned before

one of our justices of the peace for our said county
to answer unto the said

for such

supposed unlawful taking and detaining, at a day now passed: and whereas upon the

day of

at

aforesaid, upon a hearing of the cause of taking and detaining the by our said justice, it was determined, that the same taking and detaining was lawful and justifiable, whereupon it was then and there considered that the be returned and restored to the irrepleviable, and for his damages and cost; and afterwards on the day of

said

our

writ of return and restitution, issued in due form of law, directed to the sheriff of our county of

or his

deputy, to return the same accordingly, which writ of return and restitution was delivered to

to exer

Form.

Form of writs to be varied.

1798,

1818, '22.

Widow to

be endow

cd.

cute accordingly; who on the

turned thereon that (here insert the

of the said

officer of his inability to return the :) and we being
desirous that the said
should not, by his false
suggestions and pretensions, any longer detain the
so by him replevied as aforesaid, command you forthwith
to take the
of like kind and
value, if any he hath, to be found in your precinct, in with-
ernam; and in default thereof, any other of his goods and
chattels, to the full value, in withernam, and them deliver
unto the said
to be by him kept, used and im-
shall restore him the

proved, until the said

he took from him, by our writ of replevin as aforesaid; and also that of the money of the said

or his goods or chattels, to be found within your precinct, you cause to be levied and satisfied unto the said

twenty-five cents for this writ, together with your own fees for executing the same. Hereof fail not, and make return of this writ, with your doings thereon, unto our said justice, within ninety days next ensuing. Witness our said justice, at

in the year

the

day of

SEC. 5. And be it further enacted, That when the writ of return and restitution, or writ of withernam, shall issue from any other court of law, the court from which the same shall issue, shall so vary the form as to them shall appear expedient to carry the same into full force and effect, as the nature and circumstances of the case shall require.

An act regulating proceedings in actions of dower, and declaring of what the widow shall be endowed, and the method of setting off the same.

SECTION 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, That 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 coverture, to which she shall not have relinquished her right of dower by deed.

main in

SEC. 2. And be it further enacted, That until such dower May reshall be assigned, it shall be lawful for her to remain and the mancontinue in the mansion-house, and the messuage thereto sionbelonging, without being chargeable to pay the heir any until. rent for the same.

house,

of things

SEC. 3. And be it further enacted, That of inheritances How to be that are entire, where no division can be made by metes endowed and bounds, so that a woman can be endowed of the entire. thing itself, she shall be endowed thereof in a special and certain manner, as of a third part of the rents, issues or profits thereof, to be computed and ascertained in manner as is by this act directed.

dower

SEC. 4. And be it further enacted, That the heir or other When and person having the next immediate estate of freehold or by whom inheritance, shall, within one month next after demand made, assign and set out to the widow of the deceased assigned. her dower, or just third part of and in all lands, tenements and hereditaments whereof, by law she is or may be dowable, to her satisfaction, according to the true intendment of law; and in case of refusal so to do, such widow may On refusal, sue for and recover the same, by writ of dower, to be action may brought against the tenant in possession, or such per- brought. sons who have or claim, right or inheritance in the same estate, in manner and form as the law prescribes.

*

be

dower,

awarded.

SEC. 5. And be it further enacted, That upon rendering on judg judgment for any woman to recover her dower, in any ment of lands, tenements or hereditaments, reasonable damages damages shall also be awarded to her from the time of the demand to be and refusal to assign to her her reasonable dower, and a writ of seizin shall be directed to the sheriff of the coun- How dowty, or to his deputy, in manner and form as is by law er shall be scribed; and the sheriff or other person unto whom by law such writ of seizin is directed, shall cause her dower in such estate to be set forth unto her, by three disinter- By three ested freeholders of the same county, under oath, which freeholdoath shall be administered by any justice, to set forth the same equally and impartially, as conveniently as may be.

pre

assigned.

ers.

to commit

SEC. 6. And be it further enacted, That no woman who Tenant in shall be endowed of any lands, tenements or heredita- dower not ments as aforesaid, shall commit or suffer any strip or waste. waste thereon, upon penalty of forfeiting the whole of that part of the estate upon which such strip or waste shall be made, and the damages assessed for waste, to him or them who have the immediate estate of freehold or inheritance, remainder or reversion, by an action of