The Olneyville times. (Olneyville [Providence, R.I.]) 1887-1917, 1908-08-14
CHAPTER 1888.
AN ACT Concerning Forcibie Entry and
Detainer.
(pasgad Aprfl II 1q0S

DGtalner.
(Passed April q. 1867
+ II is enacted by the General Assembly as
follows:
/ Section l. Whenever complaint shall be
made In writing and under oath OF the
complainant. or OF someone In his behalf.
10 a justice OF the superior court. that
any person has made unlawful and forc-
bic entry into lands or tenements, and
with strong hand detains the same. or
| that, having lawful and peaceable entry.
or peaceable entry, into lands or tene-
ments. any person unlawfully and with
/ force holds and detains the same. such
Justice shall make out his warrant under
his hand and seal, directed TO the sheriff
OF the county in which such lands or ten
ements lie. or 10 his deputy. commanding
him I'm behalf Of the state 10 cause 20
come before the superior court at such
time and place as he shall appoint within
such county. twelve good and lawful men
OF the same county which warrant shall
b. IN the following form 10 witt
/ THE STATE OF RHODE ISLAND AND
PROVIDENCE PLANTATIONS.
(SeaD Sc. To the sheriff OF
the county Of or 10 his dep
uty. Greeting:
whereas complaint is made to me, the
subscriber by OF that
OF upon the day OF at
with force and arms and with n
strong hand did unlawfuly and forcbly
enter into and upon tract OF land OF
him the said I'm aforesaid
containing acres, bounded as
follows. viz: COR. into the messuage or
tenement OF him, the said as the
case may be. describing I'D and him the
said with force and a strong
land as aforesaid did expcl and unlaw-
plly put out Of possession OF the same
(or as the case may be, that having law
ful and peaceable entry. or peaceable on
/ try, such person unlawfully and with
force holds and detains him the said
out Of the same), you are here
! by commanded IN behalf OF the state to
! cause 10 come before our superior court,
upon the day OF at
o'clock in the noon at I'm the
| county OF twelve good and lawful
men OF your county TO be impaneled and
bno oetaIner tor rorcInre detainer, as the
Ease may be), as aforedescrlbed.
! Given under my hand and seal the
/ day OF I'm the year
Justice Of the superior court.
Sec 2. Such justice shall also make out
/ his summons TO the party complained
| against in form following, to wit:
THE STATE OF RHODE ISLAND AND
PROVIDENCE PLANTATIONS.
/ (seaD Sc. TO the sheriff OF
| our county OF or to his
/ deputy. Greeting:
| We command you that you summon
OF to appear before our
superior court at in our county
| Of on the day OF
| and there to answer to and defend against
/ the complaint OF there exhibited, /,
wherein said complains that (Gere
/ rccite the complainO; and you are to
/ make return OF this writ with your do
/ iugs thereon unto our said court upon or
/ before the said day.
/ Given under my hand and seal. the
day OF in the year 9.
Justice OF the superior court.
Sec. 3. Such summons shall be served
| upon the party complained against, or
/ copy thereof left at his usual place OF
/ abode. six days. exclusive. before the day
! appointed by the Justice for the trial; and
! II after the service OF such summons, the
/ party shall not appear TO defend, the
| court shah proceed to the inquiry in the
same manner as If he were present
! Sec. 4, When the jury summoned, or
such other jurors as may be taken up on
/ n new vcuire TO be issued by said court
/ IL occasion shall require, shall appear,
they shall, to the number OF twelve, be
( impanelled TO inquire into the forcibe
/ entry and dctainer. or forCible detaincr,
| complained OF. and the court shall lay
/ before them the exhibited complaint, and
| shall administer. or cause TO be admin
J lSNtItu, 10 lntil NLe lolIONiuS OdNl,
/ wit:
FOREMAN'S OATH.
| You. as foreman OF this jury, do sol
cmuly swear Cor affirm that you will
/ well and truly try whether the complaint
/ OF now laid before you is true
| according 10 the evidence: so help you
/ God Cor this affirmation you make and
/ give upon the peril OF the penalty OF
perjury
/ nm, a. oArrI oE, TUE orttER IIrRoRS
The same oath which your foreman has
/ taken on his part. you and every one Of
/ you will well and truly observe and keep;
SO help you God tor. this affirmation
/ make and give upon the peril OF the PEN
/ atty of perjury.
Sec 5. II, upon a full hearing of the
cause. the jury shall find the complaint
! laid before them supported by the evil
/ dencc, the shall sign and return 10 the
/ court their verdict in form following, to
wit:
At a court OF inquiry holden before one
/ Of the justices OF the superior court with
in and for the 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 fol-
lows (as in the complanO upon the
| day OF i'm the year were In
the lawful and rightful possession sf the
/ SAID ana tnat the SAID Nlu.
/ upon the same day. uulawfully. with force
and arms and with a strong hand. enter
forcibly into the same. and cor being
! lawfully upon the same) did unlawfullv.
with force and a strong hand hold and
! keep out the said and that he doth
| still continue wrongfully 10 detain the
/ possession from him. che said
/ whcreupon the jury find, upon their
/ oaths aforesaid. that the said ought
| 10 nave restitution thereof without delay.
Sec o. Upon the return OF verdict Tor
| the complainant as aforesaid. the court
shall enter up Judgment that the com
plainant have restitution Of the premises.
| with all costs. to be taxed 10y the court.
and shall award a writ OF restitution and
for costs against the party complained OF.
I'm form following. TO wit:
THE STATE or RHODE ISLAND AND
PROVIDENCE PLANTATIONS
(SeaD -. To the sherin Of our
county OF or to his dep
I uty. Greeting:
Whereas. at court OF inquiry OF forci-
bic entry and detalner. holden at