costs, including such reasonable allowance to the auditors for their service as the court shall judge proper to make; and the said compensation to the auditors shall Auditors' be paid down by the party in whose favor final judg- fees. ment shall be rendered. conclusive in case. SEC. 5. And be it further enacted, That any two auditors Award agreeing and signing the report or award shall be equally binding and conclusive as if agreed to and signed by the three: Provided always, That it shall be necessary, in Proviso. order to give validity to such report or award, that all the auditors shall accept of their appointment, and meet on the subject matter thereof. An act directing the proceedings in cases of forcible Entry and Detainer. 1728, '98, '18, '22. Two jus jury into forcible entry and SECTION 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, That two justices of tices to the peace or wardens shall have authority to enquire by enquire by a jury, as is hereinafter directed, as well against those cases of who make unlawful and forcible entry into lands or tenements, and with a strong hand detain the same, as against detainer. those who having a lawful and peaceable entry into lands or tenements, unlawfully and by force hold the same; and Lands forif it be found upon such enquiry, that an unlawful and cibly forcible entry hath been made, and that the same lands en to be or tenements are holden and detained with force and a restored. strong hand, or that the same, after a lawful entry, are holden unlawfully, and with force and a strong hand, that such justices or wardens shall cause the party complaining to have restitution thereof. withhold. tices to is SEC. 2. And be it further enacted, That when complaint On comshall be formally made in writing, to any two justices of plaint, justhe peace or wardens, of any unlawful and forcible entry sue a war into any lands or tenements and detainer as aforesaid, or rant. any unlawful and forcible detainer of the same after a peaceable entry, they shall make out their warrant under their hands and seals, directed to the sheriff of the same county, commanding him, in behalf of the State, to cause to come before them, twelve good and lawful men, of the same county; and they shall be impannelled to enquire into the forcible entry or forcible detainer complained of; which warrant shall be in the following form, to wit: Form. Party SC. The State of Rhode-Island and Providence To the sheriff of the county of greeting. Whereas complaint is made to us the subscribers, two of the justices of the peace, for and within the county of by of day of that of with upon the the said containing in aforesaid, acres, bounded as follows, viz: (or into the messuage or tenement of him the said with force and a strong hand as aforesaid, did expel, and unlawfully put out of the possession of the same; you are therefore commanded, in behalf of the State, to cause to come before us, upon the at day of the year day of in Justices of the Peace. And the said justices or wardens shall make out their complain- summons to the party complained against in form followto be sum- ing, viz: ed against moned. Form. sc. The State of Rhode-Island and Providence Plantations. [Seal.] To the sheriff of our county of greeting. of to appear before the subscribers, two of our justices of the peace, within and for our said coun noon, then and there to answer to and defend against the complaint of to them exhibited, wherein he complains that (here recite the complaint) and you are to make return of this writ, with your doings thereon, unto the said justices, upon or before the said day. Witness our said justices the day of in the year Justices of the Peace: Which summons shall be served upon the party com- How to be plained against, or a copy thereof left at his usual place served. of abode, six days, exclusive, before the day appointed by the justices or wardens for the trial; and if after the service of such summons the party shall not appear to defend, the justices or wardens shall proceed to the enquiry in the same manner as if he was present; and when the jury shall appear, the justices or wardens shall lay before to be laid the jury the exhibited complaint, and shall administer the following oath to them, viz: Foreman's oath. Complaint before the jury. the fore You, as foreman of this jury, do solemnly swear (or af- Oath of firm) that you will well and truly try, whether the com- man. plaint of now laid before you, is true according to your evidence: so help you God! or this affirmation you make and give upon peril of the penalty of perjury. The other jurors' oath. oath. The same oath (or affirmation) which your foreman The othet hath taken on his part, you and every of you shall well jurors' and truly observe and keep: so help you God! or this affirmation you make and give upon peril of the penalty of perjury. And if the jury shall find the same true, then they shall return their verdict in form following, to wit: At a court of enquiry holden before and Form of verdict. peace, at in the Esqs. two of the justices of the within and for the said county of upon the year day of the jury upon their oaths do find, that the lands or tenements in the day of in the year lawful and rightful possession of the said that the said were in the and did upon the same unlaw- he doth still continue wrongfully to detain the possession delay. Bystand returned And if by accident or challenge there shall happen not ers may be to be a full jury, the sheriff shall fill the pannel from the as jurors. bystanding freeholders, as in other cases; and if the jury, after a full hearing of the cause, shall find the complaint laid before them supported by evidence, they shall sign their verdict in form aforesaid; otherwise the defendant shall be allowed his legal cost, and have his execution therefor. Judgment complain ant in case. SEC. 3. And be it further enacted, That if the jury shall for the return their verdict, signed by the whole pannel, that the complaint is supported, the justices or wardens shall enter up judgment for the complainant to have restitution of the premises, and shall award their writ of restitution No appeal. accordingly; and no appeal shall be allowed from the Proceed- justices or wardens: Provided nevertheless, That the proings may ceedings may be removed by certiorari into the supreme judicial court, holden in such county, and be there quashed for irregularity, if any such there be; nor shall such judgment be a bar to any after action brought by either party which writ of restitution shall be in form following, to wit: be removed by certiorari. SC. The State of Rhode-Island and Providence To the sheriff of our county of Whereas at a court of enquiry of forcible entry and detainer, holden at Writ of restitu tion. upon the in the year greeting. in our county of day of before and Esqs. two of the justices of the peace, for our said county of the jurors impannelled and sworn by our said justices, did return their verdict in writing, signed by each of them, that day of in was, upon the the rightful possession of a certain messuage or tract of land (as in the verdict returned) and that (as in the verdict) whereupon it was considered by our said justices, that the said should have restitution of the same we command you, that taking with you the power of the county, if necessary you cause the said to be forthwith removed from the premises, and the said to have the peaceable restitution of the same; and also that you levy of the goods and chattels of the said the sum of being costs taxed against him on the trial afore said, together with twenty-five cents more for this writ, to be by you found, you are commanded to take the jail in there to remain until he shall pay the sum aforesaid, to- day of in the Justices of the Peace. Provided nevertheless, That this act shall not extend unto Proviso. any person who hath had the occupation, or been in the quiet possession of any lands or tenements, by the space of three whole years together, next before, and whose estate therein is not ended or determined. An act concerning Waste. 1798. commit SECTION 1. Be it enacted by the General Assembly, and by Tenant for the authority thereof it is enacted, That if any person or per- life, &c. sons who shall be seized of any real estate, for the term ting waste of his or their own life or lives, or for the life or lives of to forfeit any other person or persons, or as a tenant for years, wasted, the place shall commit or suffer any waste on such estate, the per- &c. son or persons holding the estate as aforesaid, shall forfeit the place so wasted, and double the amount of the waste done or suffered; to be recovered in an action of By action waste, by the person or persons entitled to the next estate of waste. in remainder or reversion, in the place so wasted. double the SEC. 2. And be it further enacted, That if any joint ten- Joint tenant, tenant in common, or coparcener, shall commit any ants comwaste on any estate by him holden in joint tenancy, ten- waste to mitting ancy in common, or coparcenary, without the consent of forfeit the other tenants in common, joint tenants or coparceners, amount. he shall forfeit double the amount of the waste so done, to be recovered by the other joint tenants, tenants in common or coparceners, to their own use; and it shall be How to be lawful for any one of the other joint tenants, tenants in recovered. common or coparceners, to commence such action in the |