voucher, account stated, letter or other paper which may in deciding upon any of said claims. be of use SEC. 29. If the insolvent shall in any case refuse to be so examined, or to produce the papers called for and in his possession, the court may cause him to be committed to prison, there to remain until he shall furnish and produce the information and documents required. SEC. 30. If any person shall fraudulently or collusively claim as his property any estate or effects of the insolvent, or any debt, every such person shall forfeit double the amount so claimed, for the benefit of the creditors. SEC. 31. The assignee may, in his own name, collect and take possession of, by suit or other legal means, all such estate, property and debts; may prosecute to final judgment and execution all suits previously commenced in the name or for the benefit of said petitioner, and pending at the date of said assignment; and may redeem all lands, goods and estates which may have been previously mortgaged or in any way pledged or incumbered, and in which said petitioner may have any interest. SEC. 32. If any such petitioner, prior to making his assignment as aforesaid, shall convey to any of his children or others, any land or goods, or transfer any of his debts or demands or the evidences thereof, with intent to defraud his creditors, all such property and claims shall nevertheless vest in the assignee appointed as aforesaid. SEC. 33. Every trustee or other person who shall receive any such conveyance or transfer and shall wilfully conceal any such property or evidences of debt, shall forfeit double the value thereof, for the benefit of the creditors. SEC. 34. Whenever any person shall be suspected of concealing, as aforesaid, any property or debts of the petitioner, said court, if sitting, or either justice thereof, out of term time, shall have power, upon the application of an assignee, to cause such suspected person to come before them, and to examine him under oath respecting the same. SEC. 35. If such person shall refuse to be sworn so as to make answer to such questions as shall be administered touching the subject of said examination, then it shall be lawful for said court or justice to commit him to prison, there to be detained until he shall submit to be examined as aforesaid. SEC. 36. In all cases where there shall be mutual debts or demands subsisting between the insolvent and any of his creditors, previous to the reception of his petition as aforesaid, the assignee shall (the just amount thereof being first ascertained) set off such mutual claims, and the balance only shall be paid or claimed on either side, respectively. SEC. 37. The assignee may submit any and all claims and demands against said estate, or in favor thereof, to the final decision of referees under a rule of any competent court. SEC. 38. After the expiration of the time allowed for the proof of the claims against the estate of the insolvent, the assignee shall forthwith divide and distribute the net produce of the said insolvent's estate and effects in his hands, to and among his creditors who shall have duly proved their claims, in proportion to their several and respective debts; allowing, however, to said insolvent, such articles of household furniture and implements of trade or husbandry, and such other articles as are exempted from attachment by law, and deducting such necessary expenses of settling the estate, and such reasonable compensation to the assignee for his services as the court shall allow. SEC. 39. Before any dividend as aforesaid, all debts due to the United States or this state or any town therein for taxes, (if any,) shall be paid, so far as the property of the insolvent will go towards paying the same, in the order above named; and nothing in this chapter shall be taken to impair any bona fide lien existing prior to the reception of any such petition upon any land, estate or effects of any such insolvent. SEC. 40. The supreme court may at all times call any such assignee to account, and at their discretion may discharge him and appoint others, one or more, in his stead; and no suit at law or in equity shall be abated by such removal and new appointment, but shall thereafter be prosecuted in the name of the new assignee. TITLE XXIX. Of Proceedings in Special Cases. CHAPTER 201. Of habeas corpus. CHAPTER 202. Of dower, action of dower and of jointure. CHAPTER 203. Of partition of estates in common and joint-tenancy, and of other actions concerning such estates. CHAPTER 204. Of waste, action of waste and writs of estrepement. CHAPTER 205. Of the action against tenants and of notices to quit. CHAPTER 206. Of trespasses. CHAPTER 207. Of proceedings in forcible entry and detainer. CHAPTER 208. Of replevin. CHAPTER 209. Of account. SECTION CHAPTER 201. OF HABEAS CORPUS. 1. General right to habeas corpus. 2. Persons in jail who are not entitled to it. 3. Application for, to whom and how made. 4. Form of writ. 5. How signed and tested. 6. How returned. 7. Expense of executing, when to be certified on, and effect of. 8. Time of return. 9. Return of officer, what to state. 10. Return, how signed and when to be sworn to. 11. Person returning, when to bring the body. 12. Return, in case he cannot, and proceedings thereupon. 13. Examination upon return. 14. Of notice to party in case of detention in civil process. 15. Of notice to attorney-general in case of SECTION 19. Amount of bail, when to be fixed in civil cases. 20. What to be done if applicant is not entitled to be bailed. 21. Court or justice, when may bail or remand. 22. Penalty upon officer for refusing copy of process of detention. 23. Power of court to enforce obedience to by proceedings in contempt. 24. Attachment for contempt, how directed and served. 25. Process to enforce the bringing of the body, and proceedings on. 26. Penalty for refusal to receive and execute writ of habeas corpus. 27. Penalty for cluding, by removal of body. 28. Penalties, no bar to common law remedies. 29. Effect of discharge in future imprison ment. 30. Saving of power of supreme court and 31. Persons committed for crime, by whom SECTION 1. Every person imprisoned in any common jail, or otherwise restrained of his liberty, by any officer or other person, except in cases mentioned in the following section, may prosecute a writ of habeas corpus, according to the provisions of this chapter, to obtain relief from such imprisonment or restraint, if it shall prove to be unlawful. SEC. 2. The following persons confined in any jail shall not be entitled of right to demand and prosecute said writ: First. Persons convicted of treason against this state, murder, rape, robbery, arson, burglary or as accessories before the fact in either of those crimes, or committed on suspicion of being guilty of either of those crimes, or as accessories thereto before the fact, when the cause is plainly and specifically expressed in the warrant of commitment; Second. Persons convicted, or in execution upon legal process, civil or criminal; Third. Persons committed on mesne process in any civil action on which they were liable to be arrested and imprisoned, unless when excessive and unreasonable bail is required. SEC. 3. Application for such a writ shall be made to the su preme court, if in actual session in any county, and if not, to any justice of said court, by complaint in writing, signed by the party for whose relief it is intended, or by some person in his behalf, setting forth First. The person by whom, and the place where, the party is imprisoned or restrained; naming the prisoner and the person detaining him, if their names are known, and describing them if they are not known; Second. The cause or pretence of such imprisonment or restraint, according to the knowledge and belief of the person applying; Third. If the imprisonment or restraint is by virtue of any warrant or other process, a copy thereof shall be annexed, or it shall be made to appear that a copy thereof has been demanded and refused, or that for some sufficient reason a demand of such copy could not be made; and Fourth. The facts set forth in the complaint shall be verified by the oath of the person making the application, or by that of some other credible witness; which oath may be administered by the court or justice to whom the application is made, or by any justice of the peace or public notary. SEC. 4. The court or justice to whom such complaint shall be made, shall, without delay, award and issue a writ of habeas corpus; if against any sheriff or deputy sheriff of this state, or against the keeper of any jail or prison in this state, or against any marshal or deputy marshal of the United States, it shall be substantially of the following form: The state of Rhode Island and Providence Plantations. [SEAL.] SC. To greeting: of in our prison, We command you, that the body of in your custody, (or, by you imprisoned and restrained of his liberty, as the case may be,) as it is said, together with the day and cause of his taking and detaining, by whatsoever name the said shall be called or charged, you have before our supreme within and for the county of imme court, holden at diately after the receipt of this writ, to do and receive what our said court shall then and there consider concerning him in this be half; and have there this writ. Witness, this day of in the year Esq., at Clerk. And if not against such officer, it shall be substantially in the following form: The state of Rhode Island and Providence Plantations. [SEAL.] SC. To the sheriffs of our several counties and their deputies, greeting:- of We command you, that the body of of imprisoned and restrained of his liberty, as it is said, you take and have before our supreme court, holden at and for the county of within then and immediately after the receipt of this writ, to do and receive whatever said court shall then consider concerning him in this behalf; and summon the said there to appear before our said court, to show the cause of the taking and detaining of the said with your doings thereon. Witness of in the year and haye you there this writ at this day Clerk. SEC. 5. When the writ is issued by the supreme court in session, it shall be signed by the clerk and tested like other writs in this state; when issued by a justice, it shall be signed by him. SEC. 6. If the court to which the writ is returnable shall be adjourned before its return, the return shall be made before any one of the justices of said court. If issued by a single justice, and the court shall be in session before its return, he may and shall adjourn the case into court, to be there heard and determined in like manner as if it had been returned into the court. SEC. 7. If the party is confined in a common jail, or in the custody of any civil officer, the court or justice who grants the writ, shall certify thereon the sum to be paid for the expense of bringing him from the place of imprisonment; and the officer to whom the writ is directed shall not be bound to obey it unless that sum be paid or tendered to him. SEC. 8. Any person to whom the writ is directed shall receive it, and upon payment or tender of charges, if any be demandable for the execution of it, he shall make due return thereof within three days after receiving it. SEC. 9. If the writ be directed to any sheriff, deputy sheriff, keeper of any jail, marshal or deputy marshal, as herein provided, such officer shall state in his return thereon : First. Whether he has or has not the party in his custody or power, or under restraint; Second. If he has the party in his custody or power, or under restraint, he shall set forth at large the authority, and the true and whole cause of such imprisonment or restraint, with a copy of the writ, warrant or other process, if any, upon which the party is detained; and Third. If he has had the party in his custody or power, or under restraint, and has transferred such custody or restraint to another, he shall state particularly to whom, at what time, for what cause, and by what authority such transfer was made. If the writ be directed to no such officer, the person summoned shall state the same particulars in writing to the court or justice before whom the writ is returnable. SEC. 10. The return or statement shall be signed by the person |