페이지 이미지
PDF
ePub

for neg

such court, if committed upon mesne process in any civil action for want of bail; and if the bail required shall appear excessive, it shall be ascertained what bail is reasonable, and he shall be discharged on giving the same; but if it shall appear that the complainant is imprisoned or restrained without due order of law, or sufficient cause, he shall be discharged from such commitment or restraint.

Sec. 6. And be it further enacted, That if any officer in Penalty whose custody any prisoner shall be, shall not, within six

lecting to hours after demand made, deliver such prisoner a true deliver a copy of the warrant or process by which he stands com-copy of mitted, such officer shall forfeit to the party aggrieved, rant, &c. the sum of one hundred dollars.

Sec. 7. And be it further enacted, That if any officer or Fortinet person to whom any writ of habeas corpus shall be di- obey the rected, shall refuse to receive the same, or after receipt writ. thereof, shall refuse or neglect to yield such obedience thereto as this act requires (the complainant performing the conditions required) unless prevented by the sickness of the prisoner or other necessity, he, for such refusal or neglect, in each and every particular, shall forfeit to the party aggrieved, the sum of one hundred dollars; and for any false return to such writ, shall be liable to the party return. for his damages.

Sec. 8. And be it further enacted, That the court or judge Court may respectively may further punish every disobedience to Porcoh such writs as for a contempt, and compel obedience there- tempt, &o. to by process of attachment.

Sec. 9. And be it further enacted, That no person enlarg- No person ed by writ of habeas corpus shall be again imprisoned or enlarged restrained of his liberty for the same cause, unless he shall imprisonbe indicted therefor, or convicted thereof, or shall neg

ed unless, lect to find bail when ordered thereunto by some court of record : Provided, That no penalty established by this Proviso. act shall be construed to bar any action at common law for false imprisonment, or unlawful restraint; and when any person shall be unlawfully carried out of the State, or imprisoned in any secret place, any other person shall be permitted to appear for him, in any action brought in his name, provided such person shall stipulate for the payment of costs, as the court shall direct.

For false

&c.

1745, '98, 1822.

Goods dis

sue from

Form.

or to

An act regulating the proceedings in replevin.

Section 1. Be it enacted by the General Assembly, and by the trained, authority thereof it is enacted, That when any goods or &c. may be chattels shall be taken, distrained or attached, which shall replevied.

be claimed by a third person, and the person thus claiming the same shall think proper to replevy them, in case

such goods and chattels are of the value of more than Writ to is- twenty dollars, he may take out and prosecute his writ c. c. pleas.

of replevin from the clerk's office of the court of common
pleas in the county where the goods and chattels are thus
taken, distrained or attached, in the form following, to
wit :
sc. The State of Rhode Island and Providence

Plantations.
[Seal] To the sheriff of our county of

his deputy, greeting.
(Or if the sheriff or his deputy are defendants, then it
shall be directed to a town-sergeant.)
We command

you, that you replevy 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

aforesaid, and them deliver unto the said

provided the same are not taken and 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 justices of our said court of common pleas, next to be hold

within and for our said county of

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

unlawfully, and without any justifiable cause, took the goods and chattels of the said

as aforesaid, and them unlawfully detained to this day, to the damage of the said Plaintiff in as he says, dollars ; provided he the said replevin to shall give bond to the said

with sufficient suregive bond.

ty or sureties, in the sum of dollars, being twice the value of said goods and chattels, to prosecute the said writ of replevin to final judgment, and to pay such damages and costs as the said

shall recover against him; and also to return and restore the same goods and chattels, in like good order and condition as when taken,

en at
on the

on the

day of

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

Esq. at

this

day of

Clerk.

in the year

en on execution, &c.

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

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 returned shall be responsible for the space of twenty days af- how long ter the return, and if on mesne process, until thirty days bie? 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.

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 case. 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.

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

the creditor.

or his

of

day of

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: Form of sc. The State of Rhode Island and Providence writ of res.

Plantations. titution. [Seal.] To the Sheriff of our county of

deputy, greeting Whereas

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

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

to be summoned before

one of our justices of the peace, for our said county of to answer unto the said for such supposed unlawful taking and detaining, at a day now passed; and whereas upon the

at

aforesaid, upon a hearing of the cause of taking and detaining the said

before our said justice, it appeared that the same taking and detaining was lawful and justifiable; whereupon it was then and there considered, that the same be returned and restored to the said

irrepleviable; and that the said recover against the said

the
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

the aforesaid sums, being in the whole 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 to be by him shewn unto you, or found within your precinct, to the acceptance of the said

for satisfying the aforesaid sums, we command you to take the body of the said

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

sum of

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

the

day of

in the year

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 pre- in case. cept 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 Form.

Plantations. [Seal.] To the sheriff of our county of

or to his deputy, greeting Whereas

of

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 which

of

aforesaid, had unlawfully taken and detained, as the said

suggested, and caused the said

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

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

day of 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 said

irrepleviable, and for his damages and cost; and afterwards on the day of writ of return and restitution, issued in due form of law, directed to the sheriff of our county of deputy, to return the same accordingly, which writ of return and restitution was delivered to

at

our

to exer

or his

« 이전계속 »