The Law of Debtor and Creditor in the United States and Canada

Mode of Collecting Debts.

a creditor may sue out a writ upon his judgment, though an execution be out at the same time, unless the debtor have been actually seized upon such execution. (a)

Liabilities of attorneys and sheriffs refusing to pay over moneys collected.-An attorney may be removed by the Supreme Judicial Court or the Court of Common Pleas for any deceit, malpractice, or other gross misconduct, and shall moreover be liable in damages to the party injured thereby, and to such other punishment as may be provided by the law. (b)

If any officer unreasonably neglect to pay any money collected by him on execution when demanded by the creditor therein, he will forfeit and must pay to the creditor five times the lawful interest of the money from the time of the demand until it is paid. (c)

The sheriff is responsible for the official misconduct of his deputies. (d)

When the condition of the official bond of any sheriff is broken, to the injury of any person, such person may at his own expense institute a suit thereon in the name of the treasurer of the commonwealth; the writ to be indorsed with the name of the person for whose benefit the suit is brought, or of his attorney, and the same proceedings to be had thereon, to final judgment and execution, as in a suit by a creditor on an administration bond. (e)

No sheriff can be arrested on mesne process or execution in a civil action, but any such execution will be issued against his goods, chattels, and lands; and if it be returned unsatisfied, the creditor may file before the governor and council an attested copy of such execution and return, giving notice also of such proceedings to said sheriff; and if such sheriff do not within thirty days after said notice pay the whole debt with reasonable costs of the copies and notifications above mentioned, the governor will remove him from office. After such removal, and the appointment of another sheriff, the creditor, his first execution being returned unsatisfied, may take out an alias execution, which will run against the body, as well as the estate. (e)

(a) 9 Met. R. 23.

(b) R. S. 88.

(d) Ib. 14.

(e) R. S. 14.

Courts.

12. Courts.

The judicial power is distributed between the Supreme Judicial Court, and the Court of Common Pleas. The former has original as well as appellate jurisdiction in actions arising upon contract. The latter have a general concurrent jurisdiction in the same class of cases. The former is held once a year in each county of the state, the latter three times a year in some and four times in others. There are also courts of probate, and the municipal courts of the city of Boston.

RHODE ISLAND.

1. ASSURANCES AND EVIDENCES OF DEBT.

2. RATES OF DAMAGES ON PROTESTED BILLS.

3. LAW OF USURY.

4. FRAUDS.

5. LIMITED PARTNERSHIPS.

6. PRINCIPALS AND AGENTS.

7. LAWS OF INSOLVENCY.

8. EFFECT OF MARRIAGE UPON THE TITLE TO THE WIFE'S PROPERTY.

9. LIMITATION OF PERSONAL ACTIONS.

10. EFFECT OF DEATH ON THE RIGHTS OF CREDITORS.

11. MODE OF COLLECTING DEBTS.

12. COURTS.

1. Assurances and Evidences of Debt.

Action against drawer and endorser of foreign bills.—See title 2d-" Rates of damages on protested bills."

2. Rates of Damages on Protested Bills.

Damages and interest on foreign bills.—When any foreign bill of exchange is drawn or indorsed within this state, for the payment of any sum of money, and such bill is returned from any place or country without the limits of the United States, protested for non-acceptance or non-payment, the drawer or indorser will be subject to the payment of ten per cent. damages thereon, and charges of protest, and the bill will carry an interest of six per cent. per annum from the date of the protest. (a)

(a) R. S. 287. Reference is made throughout this chapter to "The Public Laws of the State of Rhode Island and Providence Plantations,” revised and finally enacted January, 1844. Published by Knowles and Vose, Providence, 1844.

Law of Usury.

Action against drawer and indorser may be joint or several. -Any person having a right to demand any sum of money upon a foreign protested bill of exchange as aforesaid, may commence and prosecute an action for principal, damages, interest, and charges of protest, against the drawers or indorsers, jointly or severally, or against either of them separately, and judgment will be given for such principal, damages, and charges, and interest upon such principal at the rate aforesaid, to the time of such judgment, together with costs of suit.

Damages and interest on inland bills.-When any inland bill of exchange is drawn or indorsed within this state, for the payment of any sum of money without the same, and such bill is protested for non-acceptance or non-payment, the drawer or indorser will be subject to the payment of five per cent. damages thereon, and charges of protest, and the bill will carry an interest of six per cent. per annum from the date of the protest.

3. Law of Usury.

Rate of interest established.-The lawful rate of interest in this state is six per cent. (a)

Usury being pleaded, the court may admit the parties as witnesses: judgment, how entered: certain usages excepted from these provisions.—If suit be commenced on any specialty, contract, promise, or assurance, made in this state after the passing of this act, and the defendant specially plead that higher interest than the rate aforesaid was taken, or thereby secured or agreed for, the court will admit the defendant as a witness, on issue joined in such suit, and also the plaintiff on his own motion: and if such agreement be found usurious, the plaintiff will have judgment for the principal sum of money, or real value of the goods, wares, or other commodity as aforesaid, with legal interest thereon, with costs nothing herein contained extending to the letting of cattle, or other like usages among farmers, or to maritime contracts among merchants, as bottomry, insurance, or course of exchange, as has been heretofore accustomed.

(a) R. S. 286.