An Act prescribing the forms of Writs and manner of serving SECTION 1. Forms of writs. them. 2. Writs, how to be issued, signed and tested,and to run throughout the state. 3. Goods and chattels may be attached, if defendant's body cannot be found in the precinct of the officer. 4. Officer to hold goods and chattels attached to answer the judgment. 5. Certain property may be sold before judgment by order of court or judge. 6. Execution issued in a suit commenced by attachment, to be levied on goods and chattels attached. 7. Proceedings in case of levy on goods and chattels; to be sold at auction after notice. 8. Household furniture and tools not liable to attachment. 28. 9. Goods &c., taken on warrants of dis tress, to be sold as goods levied on by execution. 29. Shares in a bank, &c., liable to attachment; form of attachment. 30. When such attachment made, who to render an account of shares. 31. Such shares may be attached on execution. 32. Such attachment not to affect previous lien. 33. 10. When writ issues against two or more 12. Return of an officer not conclusive in 13. Time of attachment to be noted by of- 34. ficer in his return. 14. Form of sheriff's deed of real estate. 15. Personal estate under mortgage may be attached as property of mortgagor. 16. When so attached, may be sold before judgment. 17. On such sale, mortgagee to be first paid and surplus held by the officer to answer the judgment. 35. 36. 37. Same proceedings in foreign attachments in justice's courts as in court of common pleas. Goods, chattels and real estate of foreign corporations liable to attachment. Where copies are to be left when such attachments are made. If no known agent, notice to be published in newspaper. Executions against corporations to issue against goods, chattels and real estate; when returned unsatisfied,scire facias may be taken out against corporation. Original summons how served. No civil process to be served on Sunday. Narragansett bay in what county. Writs against females, how issued and served. It is enacted by the General Assembly, as follows: SECTION 1. The forms of writs of arrest, original summons, executions and other writs herein after mentioned, to be used in the several courts of this state, shall be substantially as follows, to wit: Writ of Arrrest. The State of Rhode-Island and Providence Plantations. sc.-To the Sheriffs of our several counties or to [SEAL.] their deputies greeting: We command you to arrest the body of be found in your precinct) and for want of tach goods and chattels lars, and plaint of at to the value of or those in safe custody keep, to answer the comat the next court of common pleas to be holden within and for our said county of Monday of on the next ensuing the date hereof, in an action of as by declaration to be filed in court will be fully set forth to the damage of the plaintiff dollars. Hereof fail not, and make true return of this writ with your doings thereon. Witness, in the year Esq. at this day of Clerk. Writ of Summons. The State of Rhode-Island and Providence Plantations. sc.-To the Sheriffs of our several counties or to [SEAL.] their deputies greeting: We command you to summon (if in your precinct) to answer the complaint of next court of common pleas to be holden at may be found at the within and next for our said county of tion to be filed in court will be fully set forth as by declara to the damage dollars. Hereof fail not, and make true return of this writ with your doings thereon. Esq. at this day of in the year The State of Rhode-Island and Providence Plantations. [SEAL.] sc.-To the Sheriffs of our several counties or to costs of suit, as to us appears of record, whereof execution remains to be done: we command you, therefore, that of the goods and chattels of the said within your pre cinct, you cause to be levied and paid unto the said aforesaid sums, being the in the whole, with twenty-five cents more for this writ; and thereof also to satisfy yourself for your own fees: and for want of the goods and chattels of the said to be found in your precinct, to satisfy and pay the said and the same as aforesaid, we command you to take the body of commit unto our jail in therein to be kept until above mentioned, with your fees, or that county of by the said not, and make true return of this writ and of in our pay the full sums be discharged or otherwise by order of law. to be holden at Hereof fail your doings within and thereon, to our next for our county of Witness, year Execution on judgment for possession of real estate. The State of Rhode-Island and Providence Plantations. [SEAL.] sc.-To the Sheriffs of our several counties or to their deputies Whereas holden at greeting: by the consideration of our court within and for our said county of the Monday of sion of belonging, against on recovered judgment for the posseswith the privileges and appurtenances thereto who had unjustly withholden him from the possession thereof; and also, by the consideration of the same court recovered judgment against the said for the sum of costs of suit, as to us appears of record, whereof execution remains to be done: we command you, therefore, that without delay, you cause the said to have possession of and in the said with the privileges and appurtenances thereunto belonging. We also command you, that of the goods and chattels of the said within your precinct, you cause to be levied and paid to the said the aforesaid sum of with twenty-five cents more for this writ; and thereof also to satisfy yourself for your own fees: and for want of the goods and chattels of the said found in your precinct, to satisfy and pay the same as aforesaid, we command you to take the body of the said and commit to our jail in our county of therein to be pay the full sum above mentioned, with your be discharged by the said kept until fees, or that to be or other wise by order of law. Hereof fail not and make true return of this writ and of your doings thereon, to our next Writ of Arrest to be issued by a Justice of the Peace. [SEAL.] sc.-To the sheriff, his deputy, or to either of the town sergeants or constables in the county of greeting: You are hereby, in the name of the state of Rhode-Island and Providence Plantations, required to arrest the body of (if may be found in your precinct,) and for body to attach goods and chattels, to answer at a justices' court to be holden want of at in o'clock in the on the day of noon, in an action of dollars. of the plaintiff (as says) at to the damage Hereof fail not, and make true return of this writ with your doings thereon. Given under my hand and seal, at day of in the year aforesaid, the Justice of the Peace. Execution to be issued by a Justice of the Peace. The State of Rhode-Island and Providence Plantations. [SEAL.] sc.-To the sheriff, his deputy, or to either of the town sergeants or constables in the county of at a justice's court holden at Whereas on the greeting: recovered judgment of said court debt (or damages,) and day of for the sum of costs of suit, taxed at against as of record of said court doth appear; which sums, in the whole, amount to for which execution remains to be done: We command you, therefore, that of the goods and chattels of the said precinct) you levy the said sum of for this execution, as also your lawful fees for serving the same, and therewith satisfy and pay the said want of sufficient goods and chattels of the said by you found, to satisfy and pay the same sums as we command you to take the body of the said custody, and safely secure in our jail in satisfy and pay the said or until be by the said erwise by order of law. turn of this writ, in three of your doings thereon. aforesaid, this at the sums aforesaid and your fees, therefrom discharged, or othHereof fail not, and make true remonths from the date hereof, and Given under my hand and seal, day of in the year Justice of the Peace. of greeting. You are hereby required, in the name of the state of Rhode-Island and Providence Plantations, to make your ap pearance before the court of within and for our county of next to be holden at on the Monday of to give evidence of what you know relating to an action then and there to be heard and tried, bedefendant. Hereof fail not, or plea of twixt plaintiff, and as you will answer your default under the penalty of the law, in that behalf made and provided. Dated at day of in the year the Clerk. SEC. 2. All writs, original and judicial, issued by the supreme court, or by any court of common pleas, shall issue in the name of the state of Rhode-Island and Providence Plantations; shall be under the seal of the court from which they issue, shall be signed by the clerk of the court, shall bear teste of the chief justice of the supreme court; shall run throughout the state, and shall be directed to the sheriffs of all the counties in the state, or their deputies: provided, however, that if the said chief justice be a party to the suit, the writ shall bear teste of any associate justice of the supreme court not a party to it; if the clerk be a party to the suit, the writ, if from the supreme court, shall be signed by one of the associate justices of that court, and if from any court of common pleas, by one of the associate justices of the same court; and if the sheriff of any county be a party to the suit, the process, if to be served in that county, shall, in addition to the former direction, be directed to the town sergeants in the county; and may be served by any one of them not a party thereto. SEC. 3. Whenever a writ of arrest or other writ authorizing an arrest, shall be delivered to an officer for service, he shall use his best endeavors to arrest the body of the defendant: but if such officer cannot find the body of the defendant within his precinct he shall attach his goods and chattels, to the value commanded in the writ, if so much can be found, and may attach any less value if the plaintiff or his attorney shall give order therefor on the back of such writ; and when any attachment is made in manner aforesaid, the same shall be sufficient to bring the cause to trial; and the officer who shall make any attachment as aforesaid, shall immediately after leave an attested copy of such writ, with a copy of his doings thereon, at the defendant's usual place of abode, with some person there, that the defendant may have knowledge of the suit. |