The Providence news. (Providence [R.I.]) 1891-1906, 1896-06-09
PUBLIC LAWS.
CHAPTER 500.
AN ACT In Amendment OF Chapters 253 and
ESQ OF the General Laws.

CHAPTER 800.
AN ACT In Amendment OF Chapters 252 and
256 OF the General Laws.
Passed January 30. iSos.)
IL Is enacted by the General Assembly as FOL
lows;
SECTION I. Section II Of Chapter 252 of the
General Laws is hereby amended as to read
ss follows:
"SEc II. An original writ commanding the
arrest Of any person not exempt by law from
arrest, may be issued from the common pleas
division OF the supreme court. or from any
district COURT
''First. In any action for tho recovery Of
debt or OF state or town tax. the cause OF
which accrued previous to the first day of July
In the year one thousand eight hundred sew
enty.
"second. In nny action on penal statutes
or I'm any action OF trover, detinue, trespass
trespass on the case. trespass and ejectment
trcspass Quare clausum fregit. and scire facias
against bail in criminal cases.
"Third. Whenever the plaintiff In an action
TO be commenced by such writ, his agent or
attorneys shall make affidavit, to be endorsed
thereon or annexed thereto that the plaintiff
has just claim against the defendant that Is
due, upon which the plaintiff expects to re-
cover in the action commenced 10y such writ
O sum sufficient to give jurisdiction to the
court 20 which such writ is returnable; and
also, either that the defendant to be arrested
Is about TO leave the state. without leaving
therein real or personal estate whereon an ex.
ecution that may be obtained In such action
can be served. or that the defendant to be ar
rested has committed fraud in fact involving
moral turpitude or Intentional wrong, either
In contracting the debt upon which the action
Is founded or in the concenlment of his proper.
ty, or in the disposition of the same; Provid.
ed. that whenever an arrest shah be made in
accordance with the third clause Of this Sec
tion, the court 10 which the writ is made re-
turnable OF any justice thereof. may by order,
upon application of any defendant SO arrested,
and for cause shown upon hearing the parties
therein, release such defendant from such tar.
rest and discharge the bail taken thereon, IL
any but said writ shall not be abated on ac-
count Of such release and discharge. but may
be prosecuted to final Judgment in the same
manner as II no such release and discharge had
been granted"
Sgc. 2. Section II OF Chapter $50 of the Gen.
eral Laws Is hereby amended so as to read as
follows:
"sEc. IL. An execution, original. alias or
pluries, may issue against the body of de-
fendant not exempt from arrest In an action,
whenever the same shall have been brought
upon a penal statute, or IN trover, replevin.
detinue trespass, trespass on the case, tres
pass quare clasum tregit in which the title to
the close was not in dispute, scire facias
against bail in criminal cases, or whenever
the action being for the recovery Of debt or
o state or town tax, the cause thereof accrued
before the thirty first day of March, one thou
sand eight hundred and seventy, or whenever
such defendant shall have been arrested and
held 10 bail upon an original writ or writ OF
mcsne process therein, or whenever 1t shall be
made 10 appear 10 the court or division which
rendered the judgment in such action, or to
any justice thereof, that such defendant is
about to leave the state without leaving there.
- as.e..
such judgment, or that such defendant has
been guilty Of fraud in fact involving moral
turpitude or intentional wrong either In con-
tracing the debt for the recovery Of which
such judgment was rendered, or in the con-
cealment, detention or disposition OF his prop
erty.''
SEC. 8. This act shall take effect upon tho
first day Of February, 1896; and all acts and
parts of acts inconsistent herewith are hereby
repealed.