The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1820-03-15
LEGISLATURE OF r. ISLAND.


Assembly, MIR. Durfee, OF 1'iyerton,
IRON The Committee to whom were re-
terredthe resolutions for taxing the Banks,
and the consideration Of the expediency
of repeating the laws granting summary
process to the Banks. and the act pro.
hlbiting the issuing OF bills payable to
bearer by any Other than an incorporated
Bahk-prsen,ed the following Report,
ia port; together with the annexed Res
olptions, which, says the Patriot"
ssyere passed by q majority of nlnc in
the House, and Messrs. Job Durtee. S.
Waterman and the Attorney General
were appointed a Committee to frame
the bill; which was subsequently, report
cd, and passed the House by malorit,
often. and was concurred in by the Sen.
ate:"
Your Committee, in considering the
subject matter referred TO them, will cor
iirr their observations in this report TO
the discussion Of the expediency OF the
rePtal or abrogat;on OF The exclusive pri-
vihges of the banks in regard to sum-
mary process.
/ BY what has been generally denomin-
atcd the summary process Of the banks,
| these institutions were authorized after
m4Aisg demand OF payment in writing,
Ftcn days previous 10 the commencement
Of their process, to order either cl the
clcrks OF the Court OF Common Pleas,
m Of the. Supreme Judicial Court, to Is
sue, in the MS instance, and previu. To
ludRmeHI, q Writ OF execution OF capias
satistaGieudum fieri ta,ias and attdchn.t at
of real estate, on which th, debt aud cost
might be levied, by taking the property
oi,tlS delinquent 10 the iull amount at
the sum OF sums of money due. The
execution was returnaole ON the second
da,sof the next ensuing term oi the
cvurs whose clerk should issue the SAINT:
,aud ON tins process, so commenced, a
tri,l nigh, indeed be had at the sane sit.
ting but that without Ihe right oi an sp-
peal, without even the Indulgence oil a
continuance. The Oily difference be.
tween tins process and the Iaocess as it
ncw Stands, ngul4ied by The ACT passed
at Feb. session, 1913, is that instead Ut
a demand oi payment in writing, ten
days previous To the commencement Of
The process, as formerly required, writ
| is taken out and made returnablc to the
clerks Office from which is issued, six
days before the sitting OF the court; by
which writ the sheriff is directed 10 at
tach The goods and cha,tels or real estate
,of the defendant, 10 the amount OF tlc
damages laid in the writ; anG Tor want
thereof to arrest the body OF the deien-
dant; and the property So attached TO be
| pledged from the date oI the attachment,
and held liable for the satisfaction OF the
demand. The difference between this
process and the former is in fact SD trihing,
that the public will never feel sensible
that there is any.
Let this be compared with the ordin-
ary process to winch individuals are en-
titled. They can bring their actions at
no court except the Court of Common
Pleas. They can commence their ac-
tions at no time short OF twenty days be.
fore the sitting Of that court. They can
not attach the goods and chattels or real
estate of the defendant whilst his body is
Ito be found. They have therefore no
pledge for the payment Of their demands
The laws give the private creditor no a,-
surance that he shall have Judgment 1t
the same term at which his action Is conf
,ncnced; and even when judgment IS OBJ
tained, they do not refuse an appeal from
that Judgment. 1t therefore often hap
| pens, that even in cases where suits are
commenced on bonds, bills or notes, duly
executed, that his action is continued
from term to term; and when at length
Judgment is ob'aned, an appeal is taken
and judgment again is requued: thus.
from the date OF his origina. writ, months
| and sfmetItues wears ,tslaDse btslore ht