An Act prescribing the forms of Writs and manner of serving

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
on the Monday of
ensuing the date hereof, in an action of

tion to be filed in court will be fully set forth
of the plaintiff

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
the complaint 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.