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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 Audit be paid down by the party in whose favor final judg- fees. ment shall be rendered.

Sec. 5. And be it further enacted, That any two auditors Award agreeing and signing the report or award shall be equal- conclusive ly 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.

in case.

cible

An act directing the proceedings in cases of forcible Entry and
Detainer.

1728, '98,

'18, '22. SECTION 1. Be it enacted by the General Assembly, and no by the authority thereof it is enacted, That two justices of tices to the peace or wardens shall have authority to enquire by

by jury into a jury, as is hereinafter directed, as well against those cases of who make unlawful and forcible entry into lands or tene

entry and ments, 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.

withhold. 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 complain

such justices or 'ution thereof.

That when compla

Sec. 2. And be it further enacted, That when complaint On comshall be formally made in writing, to any two justices of plaint, jus

tices to isthe 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 in. to the forcible entry or forcible detainer complained of; which warrant shall be in the following form, to wit:

SC. The State of Rhode Island and Providence

Plantations. · Form. 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

that of upon the

day of

at . with force and arms and with a strong hand, did unlawfully and forcibly enter into and upon a tract of land, of him the said

in

aforesaid, . . containing

acres, bounded as follows, viz: (or into the messuage or tenement of him the said

as the case may be) and 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 day of at

in the said county, twelve good and lawful men of your county, to be impannelled and sworn to enquire into the forcible entry and detainer (or detainer) afore described. Given under our hands and seals the

day of

. in the year

Justices of the Peace. Party And the said justices or wardens shall make out their

summons to the party complained against in form followed against to be sum- ing, viz: sc. The State of Rhode-Island and Providence

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

greeting, Form. We command you that you summon

of to appear before the subscribers, two of our justices of the peace, within and for our said county of

at a place called
in the said county, on the day of
at

o'clock in the 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:

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Which summons shall be served upon the party com- How to be plained against, or a copy thereof left at his usual place serve 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 complaint jury shall appear, the justices or wardens shall lay before to be laid

before the the jury the exhibited complaint, and shall administer jurore the following oath to them, viz:

Foreman's oath. : You, as foreman of this jury, do solemnly swear (or af- Oath of

the forefirm) 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.

1. The other jurors' oath. The same oath (or affirmation) which your foreman The other hath taken on his part, you and every of you shall well jurors'

oath. 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

Esqs. two of the justices of the peace, within and for the said county of

at . upon the . . day of

in the the jury upon their oaths do find, that the lands or tenements in

aforesaid, bounded (or described) as follows, (as in the complaint,) upon the day of...! in the year. were in the lawful and rightful possession of the said that and that the said

did upon the same unlawfully, with force and arms and with a strong hand, enter forcibly upon the same, and (or being lawfully upon the same) did unlawfully, with force and a strong hand, expel and drive out the said

and that he doth still continue wrongfully to detain the possession from him the said

: wherefore the jury find, upon their oaths aforesaid, that the said

ought to have restitution thereof without

verdict.

year

delay

case.

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Bystand 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 returned 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 Sec. 3. And be it further enacted, That if the jury shall for the

return their verdict, signed by the whole pannel, that the complainant in complaint is supported, the justices or wardens shall en

ter 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 probe remov

Y ceedings may be removed by certiorari into the supreme ed by cer- judicial court, holden in such county, and be there quashtiorari.

ed 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:
sc. The State of Rhode Island and Providence

Plantations.
To the sheriff of our county of

greeting Writ of Whereas at a court of enquiry of forcible entry and detainer, holden at

in our county of upon the

day of in the year

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 was, upon the

2 day of 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

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restitution.

said, together with twenty-five cents more for this writ,
and also your own fees for levying the same; and for
want of such goods and chattels of the said in.c? Donis,
to be by you found, you are commanded to take the
body of the said:

si and him commit to our jail in

in our said county of India there to remain until he shall pay the sum aforesaid, together with all fees arising on the service of this writ, or until he is delivered by order of law; and make return of this writ, with your doings thereon, within twenty days next coming. Witness our said justices, at aforesaid, the ... day of

in the year

C . Th. 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.

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An act concerning Waste.

1798. 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.

commitsons who shall be seized of any real estate, for the term tino waste of his or their own life or lives, or for the life or lives of to forfeit

the place any other person or persons, or as a tenant for years, w 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.

Sec. 2. And be it further enacted, That if any joint ten- Joint tenant, tenant in common, or coparcener, shall commit any ants com

mitting waste on any estate by him holden in joint tenancy, ten- wa ancy in common, or coparcenary, without the consent of forfeit the other tenants in common, joint tenants or coparceners, amount.

double the 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

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