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so set off you are to describe by plain and lasting metes and bounds, that so confusion may be prevented upon the reversion of the dower.

You are to be under oath, faithfully to perform the service, and when you have performed the same, you are to make return of this warrant, with your doings thereon, into the probate office of said town, as soon as may be. Witness,

president of the said court of probate, this

in the year of

And when the estate from which dower is to be set off when esas aforesaid, shall lie in different towns in this State, the tate ties in supreme judicial court, in the county where the deceased towns. last dwelt, is authorized, upon application in writing as aforesaid, to cause dower to be assigned, in the manner hereinbefore prescribed for the assignment of the same, under the direction of the court of probate, saving that the supreme judicial court may appoint the committee for assigning the same from any town or towns in which the estate may lie; and any party aggrieved by such assignment, made by order of the court of probate, may ap- Appeal peal from the decree confirming the same, to the supreme granted: judicial court, in the manner prescribed by law for appealing from the decrees of said court of probate in other

cases.

1798.

An act concerning Actions of Account. Section 1. Be it enacted by the General Assembly, and by Action of the authority thereof it is enacted, That when two or more account persons have and hold any estate or interest in common, one joint as joint tenants, tenants in common, or coparceners, and tenant, &c. one or more of the owners of such common estate or in- against the terest, shall take, receive, use or have benefit thereof, in greater proportion than his or their interest therein, such owner or owners, his or their executors and administrators, shall be liable to render his or their reasonable account of the use and profit of such common estate or interest, to his or their fellow commoner or commoners, jointly or severally, and that such, the fellow commoner or commoners, or any or either of them, their executors or administrators, may and are hereby authorized to have his or their action of account against such receiver or receivers, or either of them, as his or their bailiff or bailiffs,

Defendant may

ment to account,

&c.

for receiving more than his or their part or proportion as aforesaid.

Sec. 2. And be it further enacted, That upon a judgment

rendered in any court of common pleas, that the defendfrom judg- ant shall account, it shall be in the power of the party

against whom such judgment shall be rendered, to appeal therefrom, before the court shall proceed to the appointing of auditors; and in case no appeal shall be made from the first judgment that the defendant shall account, an appeal from the final judgment, after the case has been before auditors, shall not entitle the original defendant to try the issue to the country, which may have been joined in such case, before the supreme judicial court; but the first judgment, that the defendant shall ac

count, shall remain in full force, and he shall account acNeglecting cordingly; and in case the defendant shall not enter and cute, jadg- prosecute his appeal from the first judgment, the same ment to be upon complaint may be affirmed, and auditors may thereaffirmed.

upon be appointed, in the same manner they would have been in the court of common pleas if no appeal had been

made from the first judgment. Neglecting Sec. 3. And be it further enacted, That when any perto appear son against whom judgment shall be given that he shall ditors, &c. account, shall unreasonably refuse or neglect to appear

at the time and place assigned by the auditors, or after appearing shall refuse or neglect to render an account,

the auditors may award to the plaintiff the whole of his Auditors demand; and it shall be in the power of the auditors to administer administer an oath or affirmation to the parties respect

ively, and to examine them respecting their accounts, and Party re- the matters submitted to them; and upon either of the fusing, to parties refusing to take an oath or affirmation, truly to an

swer such questions, as shall be asked them, or to answer directly to the interrogatories put to them, it shall be in the power of the auditors to commit the party so refusing to jail, there to remain at his own charge until he shall consent to take such oath or affirmation, and answer such interrogatories.

Sec. 4. And be it further enacted, That when the auJudgment to be ren- ditors appointed in any case, or any two of them, shall dered ac. have made their report or award concerning the matters report of submitted to them, to the court from whence they shall auditors. have received their appointment, if no legal cause shall be

shewn for setting aside such award or report, judgment shall be rendered in conformity thereto, and also for

oaths.

be committed.

costs, including such reasonable allowance to the auditors for their service as the court shall judge proper to make; and the said compensation to the auditors shall Auditore be paid down by the party in whose favor final judg- fees. ment shall be rendered.

Sec. 5. And be it further enacted, That any two auditors Award agreeing and signing the report or award shall be equal- conclusive ly binding and conclusive as if agreed to and signed by the three: Provided always, That it shall be necessary, in Proviso. order to give validity to such report or award, that all the auditors shall accept of their appointment, and meet on the subject matter thereof.

in case.

1728, '98, '18, '22.

Two jus

withhold. en to be

An act directing the proceedings in cases of forcible Entry and

Detainer. Section 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, That two justices of tices to the peace or wardens shall have authority to enquire by enquire by a jury, as is hereinafter directed, as well against those cases of who make unlawful and forcible entry into lands or tene- forcible ments, and with a strong hand detain the same, as against detainer. those who having a lawful and peaceable entry into lands or tenements, unlawfully and by force hold the same ; and Lands forif it be found upon such enquiry, that an unlawful and cibly forcible entry hath been made, and that the same lands or tenements are holden and detained with force and a restored. strong hand, or that the same, after a lawful entry, are holden unlawfully, and with force and a strong hand, that such justices or wardens shall cause the party complaining to have restitution thereof.

Sec. 2. And be it further enacted, That when complaint on comshall be formally made in writing, to any two justices of plaint, justhe peace or wardens, of any unlawful and forcible entry into

any lands or tenements and detainer as aforesaid, or rant. any unlawful and forcible detainer of the same after a peaceable entry, they shall make out their warrant under their hands and seals, directed to the sheriff of the same county, commanding him, in behalf of the State, to cause to come before them, twelve good and lawful men, of the same county; and they shall be impannelled to enquire into the forcible entry or forcible detainer complained of; which warrant shall be in the following form, to wit:

sue a war

SC.

Form,

upon the

day of

day of

The State of Rhode Island and Providence

Plantations.
To the sheriff of the county of

greeting Whereas complaint is made to us the subscribers, two of the justices of the peace, for and within the county of by

of
that

of
at

with force and arms and with a strong hand, did unlawfully and forcibly enter into and upon a tract of land, of him the said

in

aforesaid, containing

acres, bounded as follows, viz: (or into the messuage or tenement of him the said

as the case may be) and him the said

with force and a strong hand as aforesaid, did expel, and unlawfully put out of the possession of the same; you are therefore commanded, in behalf of the State, to cause to come before us, upon the at

in the said county, twelve good and lawful men of your county, to be impannelled and sworn to enquire into the forcible entry and detainer (or detainer) afore described. Given under our hands and seals the

in the year

Justices of the Peace. Party And the said justices or wardens shall make out their ed against summons to the party complained against in form followto be sum- ing, viz:

The State of Rhode Island and Providence

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

greeting: Form. We command you that you summon

of to appear before the subscribers, two of our justices of the peace, within and for our said counat a place called

in in the said county, on the at

o'clock in the and there to answer to and defend against the complaint of

to them exhibited, wherein he complains that (here recite the complaint) and you are to make return of this writ, with your doings thereon, unto the said justices, upon or before the said day. Witness our said justices the

day of

moned.

SC.

ty of

day of
noon, then

day of

in the year

Justices of the Peace:

served.

before the

plaint of

Which summons shall be served upon the party com- How to be plained against, or a copy thereof left at his usual place of abode, six days, exclusive, before the day appointed by the justices or wardens for the trial; and if after the service of such summons the party shall not appear to defend, the justices or wardens shall proceed to the enquiry in the same manner as if he was present; and when the Complaint jury shall appear, the justices or wardens shall lay before to be laid the jury the exhibited complaint, and shall administer

jury. the following oath to them, viz:

Foreman's oath. You, as foreman of this jury, do solemnly swear (or af- Oath of firm) that you will well and truly try, whether the com- man.

now laid before you, is true according to your evidence: so help you God! or this affirmation you make and give upon peril of the penalty of perjury.

The other jurors' oath. The same oath (or affirmation) which your foreman The other hath taken on his part, you and every of you shall well jurors

'
and truly observe and keep: so help you God! or this
affirmation you make and give upon peril of the penalty
of perjury:

And if the jury shall find the same true, then they shall
return their verdict in form following, to wit:
At a court of enquiry holden before

and Form of
Esqs. two of the justices of the peace,
within and for the said county of

at

in the year

the jury upon their oaths do find, that the lands or tenements in

aforesaid, bounded (or described) as follows, (as in the complaint,) upon the

were in the lawful and rightful possession of the said

and that the said

did upon the same unlawfully, with force and arms and with a strong hand, enter forcibly upon the same, and (or being lawfully upon the same) did unlawfully, with force and a strong hand, expel and drive out the said

and that he doth still continue wrongfully to detain the possession from him the said

: wherefore the jury find, upon their oaths aforesaid, that the said

ought to have restitution thereof without delay

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verdict.

upon the

day of

day of

in the year

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