TITLE XXVIII.

OF EXECUTIONS AND SERVICE OF EXECUTIONS, OF PRO-
CEEDINGS BY AND AGAINST BAIL, OF IMPRISONMENT
OF DEBTORS, AND THE RELIEF OF POOR DEBTORS.

CHAPTER 211. Of executions.

CHAPTER 212. Of the service of executions.

CHAPTER 213. Of proceedings by and against bail.

CHAPTER 214. Of imprisonment of debtors, and of jail limits and jail

CHAPTER 215. Of the relief of poor debtors.
CHAPTER 216. Of poor tort debtors.

Executions, how issued,

SECTION 1. Executions issued by any court shall issue in the name of the State of Rhode Island and Providence Plantations, and signed, sealed, shall be signed, sealed, bear teste, and run in like manner as original

tested, and to

run.

•When issuable

of course.

SEC. 2. They shall be issued on judgments rendered by such courts, at the expiration of five days next after the rising of the court at which judgment shall have been rendered, unless otherwise ordered.

SEC. 3. The supreme court may, on motion, direct execution to Supreme court issue at any time during the term of the court at which judgment may issue, &c.

shall be rendered.

SEC. 4. The court of common pleas may, on motion, direct execution to issue at any time during the term of the court at which judgment shall be rendered, on any judgment rendered therein, in any case in which there is, by law, no appeal, and in the trial of which no question of law is raised by statement of facts, upon demurrer, by exception to the ruling of the court, or otherwise, or in which, there being a right of appeal, or a question of law being raised, the appellant shall not, within the time prescribed by law, have given bond as required in cases of appeal; or, in case of a bill of exceptions, the party excepting shall not have presented the same to the court for allowance, or filed the same as allowed, within the time prescribed by law, or appointed by the court.

Of issue of, by special order of mon pleas.

court of com

cution.

SEC. 5. The supreme court or court of common pleas may, upon Of stay of exemotion, and for cause shown, stay execution upon any judgment or decree rendered in such court, until further order.

SEC. 6. No execution shall issue on any judgment rendered by a justice court, within five days from the day such judgment was rendered.

SEC. 7. Executions, original or alias, may be issued by any court, at any time within six years from the rendition of the judgment originally, or from the return day of the last execution. SEC. 8. Any judge of the supreme court, at any time, on application made to him by the plaintiff in any original, alias, or pluries execution, issued from the clerk's office of the supreme court or court of common pleas in any county, or any justice court, which has been lost or destroyed previous to the satisfaction thereof, upon proof to his satisfaction of the loss or destruction of such execution, may authorize the clerk of the court or justice court, by whom or from whose office said execution was issued, to issue another execution in the place of the one so lost or destroyed. And the justice of any justice court, upon application made to him by the plaintiff in any such execution which has been lost or destroyed previous to the satisfaction thereof, upon proof to the satisfaction of said justice that said execution has been lost or destroyed, may issue or authorize another execution to be issued by the clerk thereof in place of the one so lost or destroyed.

SEC. 9. Every execution issued by the supreme court, or by the court of common pleas, shall, unless otherwise by law provided, be made returnable to the next succeeding term thereof, and shall be returned by the officer charged therewith, within five days from the day appointed by law for the sitting of the court from whence it issued; and if such officer shall not return the same within that time, he shall be liable therefor, as by law prescribed.

SEC. 10. Every execution issued by any justice court shall, unless otherwise provided, be returnable in three months after the date thereof, and be returned to the justice court which issued it.

SEC. 11. No person shall be entitled to an execution until the fee of the clerk or trial justice thereon shall have been paid. SEC. 12. The clerk of any court from which an execution shall issue shall note on the margin thereof, or in the body thereof, the time when the judgment recited in the same was rendered; also, whether the execution was awarded against the defendant, in any action brought against him upon any penal statute, trover, detinue, tres

Execution of justice court,

when to issue.

Issue of executions, limita

tion of.

Remedy in case struction of executions.

of loss or de

Executions of

supreme court,

and court of common pleas,

when returnable and how.

Executions of justice courts,

when and how.

Of payment of

fee thereon.

Time of judgment, &c., to when.

be noted on,

Of execution

on contract, for under fifty dollars, &c.

pass, trespass on the case, trespass and ejectment, and trespass quare clausum fregit, in which the title to the close was not in dispute.

SEC. 13. No execution shall issue against the body of any female, against female, on any judgment founded on a contract not under seal, where the debt or damages do not exceed fifty dollars; but in such case the execution shall issue against the goods and chattels and real estate of the female against whom such judgment shall have been rendered. Execution to SEC. 14. An execution, original, alias or pluries, may issue against issue against the body of a defendant not exempt from arrest in an action whenbody of defendant, when. ever the same shall have been brought upon a penal statute, or in trover, detinue, trespass, trespass on the case, trespass quare clausum fregit, in which the title to the close was not in dispute, or whenever, the action being for the recovery of a debt or a state or town tax, the cause thereof accrued before the thirty-first day of March, 1870, or whenever such defendant shall have been arrested and held to bail upon an original writ or writ of mesne process therein, or wherever it shall be made to appear to the court which rendered the judgment in such action, or to any justice thereof, that such defendant is about to depart the state without leaving therein sufficient real or personal estate to satisfy such judgment, or that such defendant has been guilty of fraud in contracting the debt for the recovery of which such judgment was rendered, or in the concealment, detention, or disposition of his property.

Form of execu

court and court

SEC. 15. A writ of execution issued by the supreme court or court tion of supreme of common pleas shall be substantially in the following form: The State of Rhode Island and Providence Plantations. [SEAL.] SC. To the sheriffs of our several counties or to their deputies,

of common

pleas.

Form of writs

Whereas

holden at

Monday of

sum of

of

by the consideration of our
within and for our county of
recovered judgment against
debt or damages and

greeting:

court

on the

of

for the

costs of suit, as to us ap

pears of record, whereof execution remains to be done: We com-
mand you, therefore, that of the goods and chattels and real estate
of the said within your precinct, you cause to be levied and
paid unto the said the aforesaid sums, being 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
and real estate of the said to be found in your precinct, to

satisfy and pay the same as aforesaid, we command you to take the
body of the said
commit unto our county jail in

and

or

your precinct, therein to be kept until pay the full sums above mentioned, with your fees, or that be discharged by the said. otherwise by order of law.] Hereof fail not, and make true return of this writ and of your doings thereon, to our next

SEC. 16. Writs of possession shall be substantially in the follow

of possession. ing form:

The State of Rhode Island and Providence Plantations. [SEAL.] SC. To the sheriffs of our several counties or to their greeting:

deputies,

Whereas

by the consideration of our court within and for our said county of

holden at

the

Monday of

possession of

belonging, against

on

recovered judgment for the with 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 and real estate of the said within your precinct, you cause to the aforesaid sum of

be levied and paid to the said

to be found in

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 and real estate of the said your precinct, to satisfy and pay the same as aforesaid, we command you to take the body of the said

and

to our county jail in your precinct, therein to be kept until pay the full sum above mentioned, with your fees, or that be discharged by the said

commit

or otherwise by order of law.

Hereof fail not, and make true return of this writ and of your doings

thereon, to our next

for our county of

Witness, Hon.

day of

SEC. 17. A writ of execution issued by a justice court shall be substantially in the following form:

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 court holden at

Whereas

on the

greeting: day of recovered judgment of said court against for the sum of debt (or damages), and costs of suit, taxed at 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 and real estate of the said within your precinct you levy the said sum of

together with

for this execution, as also your lawful fees for serving the same, and

therewith satisfy and pay the said

; [and for want of

to

sufficient goods and chattels and real estate of the said
be by you found, to satisfy and pay the same sums as aforesaid, we
command you to take the body of the said

custody, and

until

into your

safely secure in our jail in satisfy and pay the said

the sums afore-
there-
Hereof fail not,

said and your fees, or until
be by the said
from discharged, or otherwise by order of law.]

and make true return of this writ, in three months from the date
hereof, and of your doings thereon.

Witness,

in the year

Esq., trial justice, this

day of

Clerk.

If such writ be issued by a justice court having no clerk, then the form of attestation shall be as follows: :

Form of execution of a justice court.

Form of execution against body of defendant.

Power to vary execution.

Of levy of, to hold property attached on writ.

of

Witness my hand at

this

day of

in the year Trial Justice. SEC. 18. If the execution issued by any court be one which may run against the body of the defendant, the words included in brackets in the forms prescribed in the fifteenth and seventeenth sections of this chapter shall be retained, otherwise they shall be stricken

out.

SEC. 19. The court issuing an execution in any case in which no form shall be prescribed may vary the above forms so as to comply with the law.

SEC. 20. Whenever final judgment shall be rendered for the plaintiff in any suit in which the writ was served by attachment of real estate, or goods and chattels, or stock or shares in any incorporated company, the execution issued on such judgment at the same term such judgment was rendered shall be levied on the property so attached, as soon as may be; but if the same shall not be so levied before the return day thereof, the property attached shall be discharged of such attachment.

1. Duty of officer to whom judicial
writ is issued.

2. Penalty for seizing body of de-
ceased person.

3. Of set-off of executions in hands
of officer.

4. Personal property mortgaged,
when and how to be levied on.
5. Such property when levied on, how
to be sold.

6. Proceeds of sale of such property,
how to be applied.

7. Right of plaintiff in execution to
redeem such property.

8. Redemption of, to save levy, when
to be made.

9. Goods and chattels levied on, how

to be kept, sold, notice of sale,
and owner's right to relieve
from levy.

10. Application of proceeds of sale of

goods levied on.

11. Notifications of levy and sale of
real estate, and right to redeem.
12. Of notification of levy on real
estate not attached on original
writ, &c.

13. Power of officer to adjourn sale

of.

SECTION

14. How much real estate to be sold on levy; how title in to be vested, and surplus arising from sale of, how to be disposed of. 15. Sale of real estate on execution may be made after return day. 16. Form of sheriff's deed of real estate sold on execution.

17. Time of attachment to be inserted in deed.

18. Execution, how levied on banking shares or corporate stock attached.

19. Sale of such stock, how to be advertised, and title to, how given. 20. Execution on banking shares or corporate stock not attached, how levied.

21 and 22. Executions against banking associations or corporations, how to be levied and collected. 23. Order of satisfaction of executions levied.

24. Time of levy to be set forth in

return.

25. Interest on executions when collectable.

26 and 27. Execution against sheriff, how served.