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in case such shall be the final judgment; and have you
in the year
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 jude. 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 takhave 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
responsishall 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 plevia, &c. replevied do not exceed in value the sum of twenty dol
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
of 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
aforesaid, upon a hearing of the cause of taking and detaining the said 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
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
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
his 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) and which were at the time of the replevy of the value of which
aforesaid, had unlawfully taken and detained, as the said
suggested, and caused the said
to be summoned before
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 said irrepleviable, and for his damages and cost; and afterwards on the
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
cute accordingly; who on the
should not, by his false
of like kind and value, if any he hath, to be found in your precinct, in withernam; and in default thereof, any other of his goods and chattels, to the full value, in withérnam, and them deliver unto the said
to be by him kept, used and improved, until the said
shall restore him the 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
Sec. 5. And be it further enacted, That when the writ of writs to be varied. to 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.
1798, 1818, '22.
Widow to be endow. ed.
An act regulating proceedings in actions of dower, and declar
ing 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.
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.
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
of things 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.
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 shall be 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.
Sec. 5. And be it further enacted, That upon rendering On judgjudgment 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 pre
assigned. 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.
Sec. 6. And be it further enacted, That no woman who Tenant in shall be endowed of any lands, tenements or heredita- dower mot 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
er shall be