Goods and chattels, when repleviable. How served, &c., if sheriff is party. Of replevin bond to be taken. Power of court bond. SECTION 1. Whenever any goods or chattels of more than one hundred dollars' value shall be unlawfully taken or unlawfully detained from the owner or from the person entitled to the possession thereof, and whenever any goods or chattels of that value, which are attached on mesne process, or execution, or warrant of distress, are claimed by any person other than the defendant in the suit or process in which they are attached, such owner or other person may cause the same to be replevied. SEC. 2. If any sheriff or deputy sheriff be party to such suit, then the writ shall be directed to and served by either of the town sergeants or constables in the county in which the same is to be served. SEC. 3. The officer charged with the service of any such writ shall, before serving the same, take from the plaintiff, or from some one in his behalf, a bond to the defendant, with sufficient sureties in double the value of the goods and chattels to be replevied; with condition to prosecute the said writ of replevin to final judgment, and to pay such damages and costs as the defendant in such writ shall recover against him, and also to return and restore the same goods and chattels in like good order and condition as when taken, in case such shall be the final judgment on such writ. SEC. 4. In case the defendant shall, at any time pending the writ to order further of replevin, be dissatisfied with the amount or the sureties in such bond, the court before which the same shall be pending may, on his motion, and for cause shown, in their discretion, order the plaintiff to give further bond or further surety; and if the plaintiff do not comply with such order, his action shall be dismissed, and judgment shall be rendered for the defendant, for a return and restoration of the goods and chattels replevied, and for damages and costs, the same as if the plaintiff had neglected to enter his writ of replevin. Of judgment on complaint for neglect to prosecute. Of judgment SEC. 5. Whenever any plaintiff in replevin shall neglect to enter and prosecute the suit, the defendant may, upon complaint, have judgment for a return and restoration of the goods and chattels replevied, and reasonable damages for the taking, with such reasonable costs as may be adjudged by the court; and a writ of return and restoration thereupon accordingly. SEC. 6. If, upon trial of the writ of replevin, judgment shall be for restoration, rendered for a return and restoration, the defendant shall recover his &c. Of judgment for damages, &c. reasonable damages with costs of suit. SEC. 7. If, upon trial of the writ of replevin, the plaintiff shall make good his plea, he shall recover of the defendant his reasonable damages for the taking and detention of the goods and chattels and his costs. SEC. 8. If, upon trial of the writ of replevin, the plaintiff shall make good his plea for part of the goods replevied, and shall fail to make it good as to the other part, he shall have judgment for his reasonable damages for the taking and detention of the part adjudged to be his, and his costs; and the defendant shall have judgment for a return and restoration of the goods and chattels adjudged to him with damages, as provided in the seventh section of this chapter, according to the relative value of such part, and with or without costs at the discretion of the court; but the court before whom such trial shall be had shall, in such case, set off the damages recovered by each. SEC. 9. Whenever the goods and chattels replevied shall have been taken on execution or warrant of distress, they shall, in case of a judgment of return and restoration, be held responsible for the space of twenty days after the return thereof; if on mesne process, until thirty days shall have expired after final judgment thereon, in case judgment shall not then have been given; but if final judgment on mesne process shall have been given before the return, then for the space of twenty days only after the return; to the end that the creditor at whose suit they were originally taken may have a complete remedy, and the benefit of his attachment. SEC. 10. Whenever any action of replevin shall be brought against an officer who has taken or attached goods and chattels at the suit of a creditor, such creditor shall have the right to assume the defence of such suit upon indemnifying the officer against damages and costs therein, and the money recovered by way of damages by any such officer shall be deemed to be recovered to the use of the attaching creditor, and when received shall be paid over to him. Of damages and costs, in case plaintiff succeeds as to part of goods. Goods repleyied from taking long liable to, after judgment on process, how of restoration. of creditor's right to defend suit against officer, &c. SEC. 11. The writ of return and restoration shall be substantially Form of writ as follows: The State of Rhode Island and Providence Plantations. [SEAL.] SC. To the sheriffs of our several counties, or to their deputies, greeting: in the county of Whereas of tached as the case may be), as the said caused the said court of common pleas (or supreme court) then next to be holden within and for our said county of at unto said to answer for such unlawful taking, (detaining or at- taching as the case may be), on the recover against the said as to us appears of record, whereof execution remains to be done: We command you, therefore, that you forthwith return and restore of return and restoration. Of the issue of writs of replevin by justice courts, and proceedings on. the same goods and chattels unto the said and also that of the goods and chattels and real estate of the said with twenty-five cents more for this writ, together with your fees; and for want of such goods and chattels or real estate of the said to be by you found within your precinct to satisfy and pay the sums and him commit to our county jail in your precinct, therein to be at this next day of Clerk. SEC. 12. Justice courts may issue writs of replevin where the goods and chattels to be replevied are of one hundred dollars or less in value, if they were taken, attached, or detained in the town in which such justice court is established. They are also empowered to try the same, and to award execution therein, adhering in their proceedings, as near as may be, to the forms herein prescribed. SECTION 1. Whenever two or more persons have and hold any estate, interest, or property, whether real or personal, in common, as joint tenants, tenants in common, coparceners, or joint owners, and one or more of the owners of such common property shall take, receive, use, or have benefit thereof, in greater proportion than his or their interest therein, such owner or owners, his or their executors and administrators, shall be liable to render his or their account of the use and profit of such common property to his or their fellow commoner or commoners, jointly or severally; and such the fellow commoner or commoners, or any or either of them, their executors, or administrators, may and are hereby authorized to have his or their action of account against such receiver or receivers, or either of them, as his or their bailiff or bailiffs, for receiving more than his or their part or proportion as aforesaid. SEC. 2. Any defendant in such action may appeal to the next term of the supreme court to be holden in the same county, from a judgment of the court of common pleas against him that he shall account; but if no such appeal be prayed in open court, within two days next after such judgment, the same shall be final. Of the appointment, qualifiduties of aucation, and ditors in. auditors. SEC. 3. Upon rendering final judgment against the defendant in such action that he shall account, the court rendering the same shall appoint not exceeding three auditors; who, upon being sworn by said court, or any justice of the peace or notary public, to a faithful and impartial discharge of their duties, shall appoint a time and place to meet the parties in such action, and to take the account as required in such judgment, and give notice thereof to said parties. SEC. 4. Whenever any defendant shall unreasonably refuse or neg- Of powers of lect to appear at the time and place assigned by such auditors, or, after appearing, shall refuse or neglect to render an account, the auditors may award to the plaintiff the whole of his demand; and it shall be in the power of the auditors to administer an oath to the parties respectively, and to examine them respecting their accounts and the matters submitted to them; and upon either of the parties refusing to take an oath truly to answer such questions as shall be asked, or to answer directly to the interrogatories put to him, it shall be in the power of the auditors to commit him to jail, there to remain at his own charge until he consent to take such oath, and answer such interrogatories. SEC. 5. Whenever the auditors appointed in any case shall have made their report or award concerning the matters submitted to them to the court from whence they shall have received their appointment, if no legal cause shall be shown for setting aside such award or report, judgment shall be rendered in conformity thereto, and also for costs, including such reasonable allowance to the auditors for their services as the court shall judge proper to make; and the said compensation to the auditors shall be paid down by the party in whose favor final judgment shall be rendered, before he shall have execution on such judgment. SEC. 6. A major part of the auditors appointed in any case, agreeing and signing such report or award, the same shall be equally binding and conclusive as if agreed to and signed by all of them: Provided that it shall be necessary, in 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. of judgment and costs on compensation of auditors, how paid. report, and Auditors to act by majority, but all to ac cept and meet. TITLE XXX. OF CRIMES AND PUNISHMENTS. CHAPTER 226. Of offences against the sovereignty of the state. CHAPTER 228. Of offences against the person. CHAPTER 229. Of offences against the public peace, and property. CHAPTER 230. Of offences against private property. CHAPTER 231. Of forging and counterfeiting. CHAPTER 232. Of offences against chastity, morality, and decency. CHAPTER 233. Of offences against the public health. Treason by, levying war, &c., how punished. Misprision of treason defined, and how pun ished. Treason, by levying war, SECTION 1. Every person who shall be convicted of treason against this state by levying war against the same, or by adhering to the enemies of this state, giving them aid and comfort, shall be imprisoned during life. SEC. 2. If any person shall have knowledge of the commission of treason against this state by levying war against this state, or by adhering to the enemies of the state, giving them aid and comfort, and shall conceal the same, and shall not as soon as may be disclose and make known such treason to the governor or to some magistrate, such person shall be deemed guilty of misprision of treason against this state, and upon conviction thereof shall be imprisoned not exceeding twenty years, nor less than five years, or be fined not exceeding ten thousand dollars. SEC. 3. No person shall be convicted of treason against this state &c., how to be by levying war against the same, or by adhering to the enemies of this state, giving them aid and comfort, but by testimony of two lawful witnesses to the same overt act for which he shall then be on trial, unless he shall in open court confess the same. proved. Illegal meetings for elections declared void, and penalty upon moderator, &c., of. SEC. 4. All town meetings of the freemen, inhabitants, or residents of this state, or of any portion of the same, for the election of any town, city, ward, county, or state officers, called or held in any town or city in this state, except in the manner, for the purposes, at the times, and by the persons by law prescribed, are illegal and void; and every person who shall act as moderator, warden, or clerk in such pretended meetings hereafter to be held, or in any manner receive, record, or certify votes for the election of any pretended town, city, ward, county, or state officers, shall be deemed guilty of a misdemeanor, and shall be fined not exceeding one thousand dollars, nor less than five hundred dollars, and be imprisoned for a term of six |