A 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. forcible An act directing the proceedings in cases of forcible Entry and 1728, '98, Detainer. '18, '22. Section 1. Be it enacted by the General Assembly, and two jus. by the authority thereof it is enacted, That two justices of tices to the peace or wardens shall have authority to enquire by i a jury, as is hereinafter directed, as well against those cases of who make unlawful and forcible entry into lands or tene entry and 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 withhold. forcible entry hath been made, and that the same lands en to be 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, jus tices to isthe 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: SC. Form. upon the day of The State of Rhode Island and Providence Plantations. greeting Whereas complaint is made to us the subscribers, two of the justices of the peace, for and within the county of by of of 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 day of in day of the year Party moned. Justices of the Peace. 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: SC. 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 ty of day of day of in the year Justices of the Peace: before the jury. Which summons shall be served upon the party com- How to be plained against, or a copy thereof left at his usual place served. 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 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 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 day of 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 verdict. upon the day of in the year ant in case. 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 returned 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 for the 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 pro may. ceedings may be removed by certiorari into the supreme be remov. ed by cer- judicial court, holden in such county, and be there quashtiorari. ed for irregularity, if any such there be ; nor shall such Plantations. greeting. Writ of Whereas at a court of enquiry of forcible entry and derestitutainer, holden at in our county of upon the day of in the year 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 day of 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 forthwith removed from the premises, and the said to have the peaceable resa titution 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 tion. upon the before he justices urors impreir 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 daye next coming. Witness our said justices, at aforesaid, the day of 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. 1798. 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. commitsons who shall be seized of any real estate, for the term tin of his or their own life or lives, or for the life or lives of to forfeit the place 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 ancy in common, or coparcenary, without the consent of forfeit the other tenants in common, joint tenants or coparceners, amount. double the 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 |