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ged estate after a possession of twenty years obtained without legal process, if any peculiar circumstances shall, in the opinion of the court, render such redemption equitable : and provided further, that all mortgages of real estate made since the digest of one thousand seven hundred and ninety-eight, and prior to the time when the digest of one thousand eight hundred and twenty-two took effect, shall be entitled to six years redemption, as provided for in said last mentioned digest.
Sec. 5. No mortgage of personal property hereafter made shall be valid against any other person than the parties thereto, unless possession of the mortgaged property be delivered to and retained by the mortgagee; or unless the said mortgage be recorded in the office of the clerk of the town where the mortgagor shall reside at the time of making the same: provided, that nothing herein contained shall affect any transfer of property under bottomry or respondentia bonds, or of any ship or goods at sea or abroad, if the mortgagee shall take possession thereof as soon as may be after the arrival of the same in this state.
Sec. 6. It shall be the duty of the town clerks to record mortgages of personal property in a book to be by them kept respectively for that purpose, with the time when the same are received and recorded.
Sec. 7. When the condition of any mortgage of personal property has been broken, the mortgagor, or any person lawfully claiming or holding under him, may redeem the same at any time within sixty days thereafter, unless the property shall in the mean time have been sold, in pursuance of the contract between the parties.
SEC. 3. The person entitled to redeem the property shall pay or tender to the mortgagee, or the person holding under him, the sum due on the mortgage, with all reasonable and lawful charges and expenses incurred in the care and custody of the property, or otherwise arising from the mortgage thereof; and if the property is not forthwith restored, the person entitled to redeem the same may recover it in an action of replevin; or may recover such damages as he may have sustained by the withholding thereof, in any proper action.
Sec. 9. Any person entitled in equity to redeem any mortgaged property, whether real or personal, may prefer a bill to redeem the same to the supreme court in the county in which the real estate sought to be redeemed is situated, or in which the mortgagor of personal property may reside, if in this state, and if not, then in any county in this state ; which bill may be heard, tried and determined by said court according to the usages in chancery, and on the principles of equity.
Sec. 10. Any person entitled to foreclose the equity of redemption in any mortgaged estate, whether real or personal, may prefer a bill to foreclose the same to the supreme court sitting in the county in which said premises are situated, if said premises are real estate, and if personal, then in the county in which the mortgagor may reside, if in this state, and if not, then in any county in this state ; which bill may be heard and tried and determined by said court, according to the usages in chancery and the principles of equity.
An Act directing proceedings in cases of Forcible Entry and
SECTION 1. A justice of the supreme court with a 3. Jury finding complaint true, complain
justice of the court of common pleas, ant to have judgment of restitutionto inquire by a jury into every forci- || form of writ of restitution. ble entry or detainer.
4. Jurors' fees to be paid in first instance 2. Form of warrant to summon a jury, by plaintiff.
summons to the party complained of, oath of jurors and verdict.
It is enacted by the General Assembly, as follows:
SECTION 1. Any justice of the supreme court with any justice of the court of common pleas, shall have power to inquire within the county in which such justice of the court of common pleas shall reside, by a jury, as is herein after directed, as well against those who make unlawful and forcible entry into lands or tenements and with a strong hand detain the same, as against those who having a lawful and peaceable entry into lands or tenements unlawfully and by force hold the same; and if it be found upon such inquiry that an unlawful and forcible entry hath been made, and that the same lands or tenements are holden and detained with force and a strong hand, or that the same, after a lawful entry, are holden unlawfully, and with force and a strong hand, such justices shall cause the party complaining to have restitution thereof.
SEC. 2. When complaint shall be formally made in writing and under oath to any two justices as aforesaid, of any unlawful and forcible entry into and detainer of any such lands or tenements as aforesaid, or of 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 county or either of his deputies, 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 empaneled to inquire into the forcible detainer complained of; which warrant shall be in the following form, to wit:
The State of Rhode-Island and Providence Plantations. [SEAL.] sc. To the sheriff of the county of or to his deputy,
greeting : Whereas complaint is made to us the subscribers, 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 hereby 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 empaneled and sworn, to inquire into the forcible entry and detainer as afore described. Given under our hands and seals the day of in the year
) Justice of the supreme court.
Justice of the court of common
) pleas for the county of And the said justices shall make out their summons to the party complained against, in form following, viz:
The State of Rhode Island and Providence Plantations. [SEAL.] sc. To the sheriff of our county of or to his deputy,
greeting : We command you, that you summon of to appear before the subscribers at a place called in 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
Justice of the supreme court.
Justice of the court of common ) pleas for the county of
Which summons shall be served upon the party complained against, or a copy thereof left at his usual place of abode, six days exclusive, before the day appointed by the justices for the trial ; and if after the service of such summons the party shall not appear to defend, the justices shall proceed to the inquiry, in the same manner as if he was present; and when the jury shall appear, the justices shall lay before the jury the exhibited complaint, and shall administer the following oath to them, viz :
Foreman's Oath. You, as foreman of this jury, do solemnly swear (or affirm) that you will well and truly try, whether the complaint of
now laid before you is true, according to the evidence : so help you God; (or this affirmation you make and give upon peril of the penalty of perjury.)
. The other Jurors' Oath. The same oath which your foreman has taken on his part, you and every one of you shall well 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 complaint true, then they shall return their verdict in form following, to wit:
At a court of inquiry holden before one of the justices of the supreme court and one of the justices of the court of common pleas within and for the said county of at upon the day of in the year 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 and that the said did, upon the same day, unlawfully, with force and arms and with a strong hand, enter forcibly into 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 delay.
And if by accident or challenge there shall not be a full jury, the said justices shall issue a writ of venire to the sheriff or his deputy, to return so many other good and lawful men as may be necessary to make a full jury; 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 execution therefor.
Sec. 3. If the jury shall return their verdict signed by the whole pannel, that the complaint is supported, the justices shall enter up judgment for the complainant to have restitution of the premises, and shall award their writ of restitution accordingly, with costs. If the verdict shall be that the complaint is not supported, the defendant shall recover his costs, and no appeal shall be allowed from the justices aforesaid: provided nevertheless, that the proceedings may be removed by certiorari into the supreme court holden in the same 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. The writ of restitution shall be in form following, to wit:
The State of Rhode Island and Providence Plantations. [seal.] sc. To the sheriff of our county of or to his deputy
greeting : Whereas at a court of inquiry of forcible entry and detainer, holden at in our county of upon the day of in the year before one of the justices of the supreme court and one of the justices of the court of common pleas within and for our said county of the jurors empaneled and sworn by our said justices, did return their verdict in writing, signed by each of them, that was upon the day of in 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 aforesaid, 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 to be by you found, you are commanded to take the body of the said and him commit to our jail in in the said county of 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 deliv