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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.
1728, '98, '18, 22.
withhold. en to be
An act directing the proceedings in cases of forcible Entry and
Two jusby the authority thereof it is enacted, That two justices of tices to the peace or wardens shall have authority to enquire by jury into
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 sue a war. 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:
The State of Rhode Island and Providence
greeting Whereas complaint is made to us the subscribers, two of the justices of the peace, for and within the county of by
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
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
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 follow
to be summoned.
sc. The State of Rhode-Island and Providence
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
in the year
Justices of the Peace:
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
before the 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. plaint of
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 othet hath taken on his part, you and every of you shall well jurers 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 day of
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 day of
were in the lawful and rightful possession of the said 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
in the year
Bystand- And if by accident or challenge there shall happen not ers may be to be a full jury, the sheriff shall fill the pannel from the as jurors. bystanding freeholders, as in other cases; and if the jury,
after a full hearing of the cause, shall find the complaint laid before them supported by evidence, they shall sign their verdict in form aforesaid; otherwise the defendant shall be allowed his legal cost, and have his execution
therefor. Judgment Sec. 3. And be it further enacted, That if the jury shall complain
return their verdict, signed by the whole pannel, that the complaint is supported, the justices or wardens shall enter up judgment for the complainant to have restitution
of the premises, and shall award their writ of restitution No appeal. accordingly; and no appeal shall be allowed from the Proceed- justices or wardens: Provided nevertheless, That the probe remov. ceedings may be removed by certiorari into the supreme ed by cer- judicial court, holden in such county, and be there quash
ed for irregularity, if any such there be ; nor shall such judgment be a bar to any after action brought by either party: which writ of restitution shall be in form following, to wit:
ant in case.
Writ of restitution.
in the year
The State of Rhode Island and Providence
greeting Whereas at a court of enquiry of forcible entry and detainer, holden at
in our county of
and Esqs. two of the justices of the peace, for our said county of
the jurors impannelled and sworn by our said justices, did return their verdict in writing, signed by each of them, that was, upon the
in the rightful possession of a certain messuage or tract of land (as in the verdict returned) and that (as in the verdict) whereupon it was considered by our said justices, that the said
should have restitution of the same : we command you, that taking with you the power of the county, if necessary you cause the said
to be forth with removed from the premises, and the said
to have the peaceable restitution of the same; and also that you levy of the goods and chattels of the said
the sum of being costs taxed against him on the trial afore
said, together with twenty-five cents more for this writ,
and hiin commit to our jail in
in our said county of there to remain until he shall pay the sum aforesaid, together with all fees arising on the service of this writ, or until he is delivered by order of law; and make return of this writ, with your doings thereon, within twenty days next coming. Witness our said justices, at aforesaid, the
in the year
Justices of the Peace.
Provided nevertheless, That this act shall not extend unto Proviso. any person who hath had the occupation, or been in the quiet possession of any lands or tenements, by the space of three whole years together, next before, and whose estate therein is not ended or determined.
An act concerning Waste. Section 1. Be it enacted by the General Assembly, and by Tenant for the authority thereof it is enacted, That if any person or per. life, &c. sons who shall be seized of any real estate, for the term ting waste of his or their own life or lives, or for the life or lives of to forfeit any other person or persons, or as a tenant for years, wasted, shall commit or suffer any waste on such estate, the per- &c. son or persons holding the estate as aforesaid, shall forfeit the place so wasted, and double the amount of the waste done or suffered; to be recovered in an action of By action waste, by the person or persons entitled to the next estate of waste. in remainder or reversion, in the place so wasted.
Sec. 2. And be it further enacted, That if any joint ten- Joint tenant, tenant in common, or coparcener, shall commit any ants comwaste on any estate by him holden in joint tenancy, ten-waste ko ancy in common, or coparcenary, without the consent of forfeit the other tenants in common, joint tenants or coparceners, amount. he shall forfeit double the amount of the waste so done, to be recovered by the other joint tenants, tenants in common or coparceners, to their own use; and it shall be How to be lawful for any one of the other joint tenants, tenants in recovered. common or coparceners, to commence such action in the