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in case such shall be the final judgment; and have you
there this writ, with your doings thereon, together with
the bond you shall take.
Witness

Esq. at

this

day of

in the year - minim agrila:17? K es

ó Clerk. Mwin

g ins og : I ordi *1 And in case the plaintiff in replevin shall neglect to en- Plaintiff ter and prosecute the suit, the defendant may, upon com- neglecting

to progeplaint, have judgment for a return and restoration of the cute, degoods and chattels replevied, and damages for the taking, hem to the amount of six per cent. on the bond, with reasona- ment. ble costs, and a writ of return and restitution thereupon accordingly; and if upon trial of the issue, judgment shall Rule for be rendered for a return and restitution, the interest of out six per cent. upon the penal sum of the bond shall be taken as a rule for estimating the plaintiff's damages, in case they were taken on execution, and if on mesne process, such damages as the court in their discretion shall think reasonable; and when the cause of taking shall Goods takhave been upon execution, the goods and chattels returned shall be responsible for the space of twenty days af- how long ter the return, and if on mesne process, until thirty days bic shall have expired after final judgment thereon, in case judgment shall not then have been given, but if final judgment on mesne process shall have been given before the return, then for the space of twenty days only after the return; to the end the creditor at whose suit they were originally taken may have a complete remedy, and the benefit of his attachment: and the money recovered by Da way of damages, by any officer who has taken and attach- for use of ed at the suit of a creditor, shall be considered and taken of as recovered to the use of the creditor, and when received, be paid over to him accordingly.

Sec. 2. And be it further enacted, That when the defend- Writ to be ant in replevin cannot be found, an authentic copy of the served by

copy, in writ of replevin, attested by the officer, being left at the case house or place of usual abode of the defendant, six days if before a justice, and twenty if before the court of common pleas, prior to the time of trial, shall be sufficient to oblige the defendant to answer the suit.. !

Sec. 3. And be it further enacted, That any justice of the Justices peace, in his proper county, be and he is hereby author- may issue

writ of reized and empowered, in case the goods and chattels to be plevin, &c replevied do not exceed in value the sum of twenty dol

zo responsi

e credit

Form of writ of restitution.

taking angeared thable; wherbe returns that the

lars, to issue a writ of replevin in manner and form as
aforesaid ; and the form of a writ of return and restitution
by a justice of the peace shall be as follows, viz:
sc. The State of Rhode Island and Providence

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

or his
deputy, greeting.
Whereas

of

in our county of lately replevied (here insert such description of the goods or chattels as they had in the writ of replevin) which

of in our said county of had unlawfully taken, and unjustly detained, as the said suggested, and caused the said

to be summoned before

one of our justices of the peace, for our said county of to answer unto the said for such supposed unlawful taking and detaining, at a day now passed; and whereas upon the day of at

aforesaid, upon a hearing of the cause of taking and detaining the said

before our said justice, it appeared that the same taking and detaining was lawful and justifiable; whereupon it was then and there considered, that the same be returned and restored to the said

irrepleviable; and that the said recover against the said

the sum of dollars damages for his taking the same, by the said process of replevin, and the further sum of for his costs, arisen in the defence of the said suit, as by the said record of our said justice, before him remaining, to us appears, whereof execution remains to be done : we command you therefore, that you forthwith return and restore the sarne unto the said

and also, that of the money of the said

or of his goods or chattels within your precinct, you cause to be levied, paid and satisfied, unto the said

the aforesaid sums, being in the whole

with twenty-five cents more for this writ, together with your own fees; and for want of such money, goods or chattels of the said to be by him shewn unto you, or found within your preeinct, to the acceptance of the said

for satisfying the aforesaid sums, we command you to take the body of the said

and him commit to our jail in and we command the keeper thereof accordingly to receive the said

into our said jail, and him safely to keep until he pay the full sums above mention

siden justie hat ihne sa Pon

ed, with your fees, or that he be discharged by the said

the creditor, or otherwise by order of law.Hereof fail not, and make return of this writ, with your doings thereon, unto our said justice, within ninety days next coming. Witness our said justice at

the day of in the year Sec. 4. And be it further enacted, That when the sheriff Writ of or other officer unto whom the writ of return and restitu- wither

nam may tion shall be directed, shall not be able to find the goods be or chattels in his precinct, which shall by the same pre-in case. cept be directed to be returned and restored irrepleviable, and the same shall appear in writing by the return of the officer thereon, the court from whence the same issued may, upon motion, grant a writ of withernam against the plaintiff in replevin, to compel a complete and specific performance of the judgment; which writ of withernam shall be in substance as follows, viz: sc. The State of Rhode Island and Providence

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

or to to his deputy, greeting. Whereas

of

in our county of lately replevied (here insert such description of the goods or chattels as they had in the writ of replevin) and which were at the time of the replevy of the value of which one of

aforesaid, had unlawfully taken and detained, as the said

suggested, and caused the said

to be summoned before one of our justices of the peace for our said county of to answer unto the said

for such supposed unlawful taking and detaining, at a day now passed: and whereas upon the day of

at aforesaid, upon a hearing of the cause of taking and detaining the

by our said justice, it was determined, that the same taking and detaining was lawful and justifiable, whereupon it was then and there considered that the

be returned and restored to the said

irrepleviable, and for his damages and cost; and afterwards on the day of

our writ of return and restitution, issued in due form of law, directed to the sheriff of our county of or his deputy, to return the same accordingly, which writ of return and restitution was delivered to

[graphic]

cute accordingly; who on the day of re-
turned thereon that (here insert the return made by the
officer of his inability to return the :) and we being
desirous that the said it should not, by his false
suggestions and pretensions, any longer detain the
so by him replevied as aforesaid, command you forthwith
to take the of the said . of like kind and
value, if any he hath, to be found in your precinct, in with-
ernam; and in default thereof, any other of his goods and
chattels, to the full value, in withernam, and them deliver
unto the said in to be by him kept, used and im-
proved, until the said

shall restore him the :
he took from him, by our writ of replevin as afore-
said ; and also that of the money of the said .
or his goods or chattels, to be found within your precinct,
you cause to be levied and satisfied unto the said

twenty-five cents for this writ, together with your own fees for executing the same. Hereof fail not, and make return of this writ, with your doings thereon, unto our said justice, within ninety days next ensuing. Witness our said justice, at

day of in the year Form of Sec. 5. And be it further enacted, That when the writ of writs to be

be return and restitution, or writ of withernam, shall issue

from any other court of law, the court from which the same shall issue, shall so vary the form as to them shall appear expedient to carry the same into full force and effect, as the nature and circumstances of the case shall require.

varied.

1798,

An act regulating proceedings in actions of dower, and declar. 1818, '22.

ing of what the widow shall be endowed, and the method of

setting off the same. Widow to Section 1. Be it enacted by the General Assembly, and by the be endowcd.

authority thereof it is enacted, That the widow of any person dying intestate, or otherwise, shall be endowed of one full and equal third part of all the lands, tenements and hereditaments whereof her husband, or any other to his use, was seized of an estate of inheritance, at any time during the coverture, to which she shall not have relinquished her right of dower by deed.

en and

be

Sec. 2. And be it further enacted, That until such dower May reshall be assigned, it shall be lawful for her to remain and the man continue in the mansion-house, and the messuage thereto sionbelonging, without being chargeable to pay the heir any until. rent for the same.

Sec. 3. And be it further enacted, That of inheritances How to be that are entire, where no division can be made by metes endowed

of things and bounds, so that a woman can be endowed of the entire. thing itself, she shall be endowed thereof in a special and certain manner, as of a third part of the rents, issues or profits thereof, to be computed and ascertained in manner as is by this act directed.

Sec. 4. And be it further enacted, That the heir or other wh person having the next immediate estate of freehold or by whom inheritance, shall, within one month next after demand Shwebe made, assign and set out to the widow of the deceased assigned. her dower, or just third part of and in all lands, tenements and hereditaments whereof, by law she is or may be dowable, to her satisfaction, according to the true intendment of law; and in case of refusal so to do, such widow may On refusal. sue for and recover the same, by writ of dower, to be action may brought against the tenant in possession, or such per- broug sons who have or claim, right or inheritance in the same estate, in manner and form as the law prescribes.

Sec. 5. And be it further enacted, That upon rendering on julgjudgment for any woman to recover her dower, in any ment of

dower, lands, tenements or hereditaments, reasonable damages dama shall also be awarded to her from the time of the demand to be and refusal to assign to her her reasonable dower, and a writ of seizin shall be directed to the sheriff of the coun- How dowty, or to his deputy, in manner and form as is by law pre- er shall be

assigned. scribed; and the sheriff or other person unto whom by law such writ of seizin is directed, shall cause her dower in such estate to be set forth unto her, by three disinter- By three ested freeholders of the same county, under oath, which freeholdoath shall be administered by any justice, to set forth the same equally and impartially, as conveniently as may be.

Sec. 6. And be it further enacted, That no woman who Tenant in shall be endowed of any lands, tenements or heredita- dower not

to commit ments as aforesaid, shall commit or suffer any strip or waste. waste thereon, upon penalty of forfeiting the whole of that part of the estate upon which such strip or waste shall be made, and the damages assessed for waste, to him or them who have the immediate estate of freehold or inheritance, remainder or reversion, by an action of

ges

awarded

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