reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-3 - Arbitration › Section 10-3-4. - Petition for arbitration — Service, hearing, and reference.

§ 10-3-4. Petition for arbitration — Service, hearing, and reference.
The party aggrieved by the alleged failure, neglect, or refusal of another to perform under a written agreement for arbitration may petition the superior court for the county in which any of the parties reside or has his or her place of business for an order directing that the arbitration proceed in the manner provided for in the agreement. Five (5) days’ notice in writing of the application shall be served upon the party in default. Service thereof shall be made in the manner provided by law for the service of a writ of summons. The court shall hear the parties, and upon being satisfied that the making of the agreement for arbitration or the failure to comply therewith is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the terms of the agreement.
History of Section.
P.L. 1929, ch. 1408, § 3; G.L. 1938, ch. 475, § 3; G.L. 1956, § 10-3-4.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-3 - Arbitration › Section 10-3-5. - Determination as to whether issue is subject to arbitration.

§ 10-3-5. Determination as to whether issue is subject to arbitration.
If the making of the arbitration agreement or the failure, neglect, or refusal to perform the arbitration agreement is in issue, the court shall proceed summarily to the trial thereof. If no jury trial be demanded, the court shall hear and determine the issue. Where such an issue is raised, either party may, on or before the return day of the notice of application, demand a jury trial of the issue, and upon the demand of a jury trial the court shall make an order referring the issue or issues to a jury as in equity causes. If the jury finds that no agreement in writing for arbitration was made, or that there is no default in proceeding thereunder, the proceeding shall be dismissed. If the jury finds that an agreement for arbitration was made in writing and that there is a default in proceeding thereunder, the court shall make an order summarily directing the parties to proceed with the arbitration in accordance with the terms thereof.
History of Section.
P.L. 1929, ch. 1408, § 3; G.L. 1938, ch. 475, § 3; G.L. 1956, § 10-3-5.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-3 - Arbitration › Section 10-3-6. - Judicial appointment of arbitrators.

§ 10-3-6. Judicial appointment of arbitrators.
If, in the agreement, provision is made for a method of naming or appointing an arbitrator or arbitrators or an umpire, the method shall be followed; but if no method is provided in the agreement, or if a method is provided and any party thereto shall fail to avail himself or herself of such method, or if for any other reason there shall be a lapse in the naming of an arbitrator or arbitrators or an umpire, or in filling a vacancy, then, upon the application of either party to the controversy, the court, as described in § 10-3-4, shall designate and appoint an arbitrator or arbitrators or umpire, as the case may require, who shall act under the agreement with the same force and effect as if he, she, or they had been specifically named in the agreement; and, unless otherwise provided in the agreement, the arbitration shall be by a single arbitrator.
History of Section.
P.L. 1929, ch. 1408, § 5; G.L. 1938, ch. 475, § 5; G.L. 1956, § 10-3-6; P.L. 1997, ch. 326, § 27.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-3 - Arbitration › Section 10-3-7. - Manner of making and hearing applications.

§ 10-3-7. Manner of making and hearing applications.
Any application to the court under this chapter shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise expressly provided in this chapter.
History of Section.
P.L. 1929, ch. 1408, § 4; G.L. 1938, ch. 475, § 4; G.L. 1956, § 10-3-7; P.L. 1997, ch. 326, § 93.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-3 - Arbitration › Section 10-3-8. - Arbitrators’ hearing — Summons of witnesses.

§ 10-3-8. Arbitrators’ hearing — Summons of witnesses.
When more than one arbitrator is agreed to, all the arbitrators shall sit at the hearing of the case, unless, by consent in writing, all parties shall agree to proceed with the hearing with a less number. The arbitrators selected either as prescribed in this chapter or otherwise, or a majority of them, may summon in writing any person, to attend before them or any of them as a witness, and in a proper case to bring with him, her, or them any book, record, document or paper, which may be deemed material as evidence in the case. The fees for such attendance shall be the same as the fees of witnesses in the superior court. The summons shall issue in the name of the arbitrator or arbitrators, or a majority of them, and shall be signed by the arbitrator or arbitrators, or a majority of them, and shall be directed to the person to be summoned and shall be served in the same manner as subpoenas to appear and testify before superior court. If any person or persons, so summoned to testify, shall refuse or neglect to obey the summons, upon petition the court may compel the attendance of the person or persons before the arbitrator or arbitrators or punish the person or persons for contempt, in the same manner now provided for securing the attendance of witnesses or their punishment for neglect or refusal to attend superior court.
History of Section.
P.L. 1929, ch. 1408, § 6; G.L. 1938, ch. 475, § 6; G.L. 1956, § 10-3-8; P.L. 1997, ch. 326, § 93.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-3 - Arbitration › Section 10-3-9. - Taking of depositions.

§ 10-3-9. Taking of depositions.
Upon petition, approved by the arbitrators or by a majority of them, the superior court may direct the taking of depositions to be used as evidence before the arbitrators, in the same manner and for the same reasons as provided by law for the taking of depositions in suits or proceedings pending in superior court.
History of Section.
P.L. 1929, ch. 1408, § 7; G.L. 1938, ch. 475, § 7; G.L. 1956, § 10-3-9; P.L. 1997, ch. 326, § 93.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-3 - Arbitration › Section 10-3-10. - Form and signature of arbitrators’ award.

§ 10-3-10. Form and signature of arbitrators’ award.
The award must be in writing and must be signed by the arbitrators or by a majority of them.
History of Section.
P.L. 1929, ch. 1408, § 8; G.L. 1938, ch. 475, § 8; G.L. 1956, § 10-3-10.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-3 - Arbitration › Section 10-3-11. - Order confirming award.

§ 10-3-11. Order confirming award.
At any time within one year after the award is made, any party to the arbitration may apply to the court for an order confirming the award, and thereupon the court must grant the order confirming the award unless the award is vacated, modified or corrected, as prescribed in §§ 10-3-12 — 10-3-14. Notice in writing of the application shall be served upon the adverse party or his or her attorney ten (10) days before the hearing on the application.
History of Section.
P.L. 1929, ch. 1408, § 9; G.L. 1938, ch. 475, § 9; G.L. 1956, § 10-3-11; P.L. 1989, ch. 145, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-3 - Arbitration › Section 10-3-12. - Grounds for vacating award.

§ 10-3-12. Grounds for vacating award.
In any of the following cases, the court must make an order vacating the award upon the application of any party to the arbitration:
(1)
Where the award was procured by corruption, fraud or undue means.
(2)
Where there was evident partiality or corruption on the part of the arbitrators, or either of them.
(3)
Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in hearing legally immaterial evidence, or refusing to hear evidence pertinent and material to the controversy, or of any other misbehavior by which the rights of any party have been substantially prejudiced.
(4)
Where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.
History of Section.
P.L. 1929, ch. 1408, § 10; G.L. 1938, ch. 475, § 10; G.L. 1956, § 10-3-12.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-3 - Arbitration › Section 10-3-13. - Rehearing after vacation of award.

§ 10-3-13. Rehearing after vacation of award.
Where an award is vacated, and the time within which the agreement required the award to be made has not expired, the court may, in its discretion, direct a rehearing by the arbitrators.
History of Section.
P.L. 1929, ch. 1408, § 10; G.L. 1938, ch. 475, § 10; G.L. 1956, § 10-3-13.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-3 - Arbitration › Section 10-3-14. - Modification or correction of award.

§ 10-3-14. Modification or correction of award.
(a)
In any of the following cases, the court must make an order modifying or correcting the award, upon the application of any party to the arbitration:
(1)
Where there was an evident material miscalculation of figures, or an evident material mistake in the description of any person, thing, or property referred to in the award.
(2)
Where the arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matters submitted.
(3)
Where the award is imperfect in matter of form not affecting the merits of the controversy.
(b)
The order must modify and correct the award, so as to effect the intent thereof and promote justice between the parties.
History of Section.
P.L. 1929, ch. 1408, § 11; G.L. 1938, ch. 475, § 11; G.L. 1956, § 10-3-14.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-3 - Arbitration › Section 10-3-15. - Notice of motion to vacate, modify, or correct award.

§ 10-3-15. Notice of motion to vacate, modify, or correct award.
Notice of a motion to vacate, modify, or correct an award must be served upon the adverse party or his or her attorney within sixty (60) days after the award is filed or delivered, and before the award is confirmed, as prescribed by law for service of notice of a motion in an action at law. The court may make an order, to be served with the notice of the motion, staying the proceedings of the adverse party to enforce the award.
History of Section.
P.L. 1929, ch. 1408, § 13; G.L. 1938, ch. 475, § 13; G.L. 1956, § 10-3-16; P.L. 1980, ch. 293, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-3 - Arbitration › Section 10-3-16. - Judgment on award.

§ 10-3-16. Judgment on award.
Upon the granting of an order confirming, modifying or correcting an award, judgment shall be entered in conformity with the award in the court within thirty (30) days, unless an appeal is taken as provided in this chapter, in which last case the order of the superior court shall pursue the mandate of the supreme court.
History of Section.
P.L. 1929, ch. 1408, § 13; G.L. 1938, ch. 475, § 13; G.L. 1956, § 10-3-16; P.L. 1997, ch. 326, § 93.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-3 - Arbitration › Section 10-3-17. - Papers filed for judgment.

§ 10-3-17. Papers filed for judgment.
Any party to a proceeding for an order confirming, modifying or correcting an award shall, when the order is entered, file with the clerk, for the entry of judgment thereon, the following papers:
(1)
The agreement, the selection or appointment, if any, of an additional arbitrator or umpire, and each written extension of the time, if any, within which to make the award.
(2)
The award.
(3)
Each notice, affidavit or other paper used upon an application to confirm, modify or correct the award, and a copy of each order of the court upon such an application.
History of Section.
P.L. 1929, ch. 1408, § 14; G.L. 1938, ch. 475, § 14; G.L. 1956, § 10-3-17.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-3 - Arbitration › Section 10-3-18. - Effect of judgment.

§ 10-3-18. Effect of judgment.
The judgment so entered shall have the same force and effect, in all respects, as, and be subject to all the provisions of law relating to, a judgment in an action at law; and it may be enforced as if it has been rendered in an action at law in the court in which it is entered.
History of Section.
P.L. 1929, ch. 1408, § 14; G.L. 1938, ch. 475, § 14; G.L. 1956, § 10-3-18.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-3 - Arbitration › Section 10-3-19. - Appeal to supreme court.

§ 10-3-19. Appeal to supreme court.
Any party aggrieved by any ruling or order made in any court proceeding as authorized in this chapter may obtain review as in any civil action, and upon the entry of any final order provided in § 10-3-3, or an order confirming, modifying or vacating an award, he or she may appeal to the supreme court as provided for appeals in civil actions, and the supreme court shall make such orders in the premises as the rights of the parties and the ends of justice require.
History of Section.
P.L. 1929, ch. 1408, § 15; G.L. 1938, ch. 475, § 15; G.L. 1956, § 10-3-19; P.L. 1965, ch. 55, § 49; P.L. 1997, ch. 326, § 93.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-3 - Arbitration › Section 10-3-20. - Severability.

§ 10-3-20. Severability.
If any provision of this chapter shall be declared unconstitutional or invalid, the unconstitutionality or invalidity shall in no way affect the validity of any other portion thereof which can be given reasonable effect without the part so declared unconstitutional or invalid.
History of Section.
P.L. 1929, ch. 1408, § 16; G.L. 1938, ch. 475, § 16; G.L. 1956, § 10-3-20.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-3 - Arbitration › Section 10-3-21. - Sureties — Bound to arbitration award on construction contract.

§ 10-3-21. Sureties — Bound to arbitration award on construction contract.
(a)
If a contractor principal on a bond furnished to guarantee performance or payment on a construction contract and the claimant are parties to a written contract with a provision to submit to arbitration any controversy thereafter arising under the contract, the arbitration provisions shall apply to the surety for all disputes involving questions of the claimant’s right of recovery against the surety. Either the claimant, the contractor principal, or surety may demand arbitration in accordance with the written contract in one arbitration proceeding. The arbitration award shall decide all controversies subject to arbitration between the claimant, on the one hand, and the contractor principal and surety on the other hand, including all questions involving liability of the contractor principal and surety on the construction bond, but a claimant must file suit for recovery against the surety within the time limits set forth by law or by the terms of the bond when there are no applicable statutory provisions. The arbitration shall be in accordance with § 10-3-1 et seq. and the court shall enter judgment on the arbitration as provided in the agreement.
(b)
The arbitrator or arbitrators, if more than one, shall make findings of fact as to the compliance with the requirements for recovery against the surety, and those findings of fact shall be a part of the award binding on all parties to the arbitration.
History of Section.
P.L. 1985, ch. 456, § 1; P.L. 1997, ch. 326, § 93.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-4 - Assignment for Benefit of Creditors › Section 10-4-1. - Residence of assignee — Bond.

§ 10-4-1. Residence of assignee — Bond.
Every assignee at common law for the benefit of creditors shall be a resident of the state and shall give bond to the clerk of the superior court, with some surety company authorized to do business in this state, as surety, in the amount of one thousand dollars ($1,000), conditioned on the faithful performance of his or her duties. All such bonds shall be filed in the office of the clerk of the superior court and may be sued upon in the proper court at the relation of any party interested or aggrieved, upon surety for costs being given to the court in which the suit is brought. Joint assignees may give joint or several bonds.
History of Section.
P.L. 1902, ch. 984, § 1; C.P.A. 1905, § 1212; G.L. 1909, ch. 338, § 1; G.L. 1923, ch. 389, § 1; P.L. 1936, ch. 2390, § 1; G.L. 1938, ch. 585, § 1; G.L. 1956, § 10-4-1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-4 - Assignment for Benefit of Creditors › Section 10-4-2. - Filing of schedules and lists — Certificate of deed of assignment.

§ 10-4-2. Filing of schedules and lists — Certificate of deed of assignment.
Every person making an assignment at common law for the benefit of creditors shall file with his or her assignee a sworn itemized schedule of all his or her assets, showing the amount and kind of his or her property, where located and the cash value thereof, to the best of his or her knowledge and belief, and a list of his or her creditors, stating their names, residences, and the amounts due each of them, and the evidences thereof and securities therefor, if any, held by them. The sworn itemized schedule and the bond required in § 10-4-1 shall be filed with the clerk of the superior court who shall certify on the deed of assignment that the assignee named in the deed of assignment has complied with the provisions of § 10-4-1 and this section. No city or town clerk shall accept any deed of assignment for record unless it shall bear the certificate of the clerk of the superior court showing compliance with § 10-4-1 and this section, and any deed of assignment which does not bear the certificate showing compliance with § 10-4-1 and this section shall be null and void.
History of Section.
P.L. 1902, ch. 984, § 2; G.L. 1909, ch. 338, § 2; G.L. 1923, ch. 389, § 2; P.L. 1936, ch. 2390, § 1; G.L. 1938, ch. 595, § 2; G.L. 1956, § 10-4-2; P.L. 1997, ch. 326, § 94.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-4 - Assignment for Benefit of Creditors › Section 10-4-3. - Place of filing of papers.

§ 10-4-3. Place of filing of papers.
In all proceedings arising under this chapter, whenever the assignor or some one of the assignors is an inhabitant of or located in Providence or Bristol county, the papers shall be filed in the clerk’s office of the superior court in Providence; and whenever the assignor or one of the assignors is an inhabitant of or located in either Newport, Kent, or Washington county, the papers shall be filed in the clerk’s office of the superior court in Newport, East Greenwich, or South Kingstown, respectively.
History of Section.
P.L. 1902, ch. 984, § 9; C.P.A. 1905, § 1214; G.L. 1909, ch. 338, § 9; G.L. 1923, ch. 389, § 9; G.L. 1938, ch. 595, § 9; G.L. 1956, § 10-4-3.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-4 - Assignment for Benefit of Creditors › Section 10-4-4. - Recording and notice of assignments.

§ 10-4-4. Recording and notice of assignments.
Every assignee under this chapter shall immediately cause the deed of assignment to be recorded in the registry of deeds in each town or city in which there may be real estate of the assignor on which it may operate, and in any event in the registry of deeds of the town or city where the assignor resides or is located, and shall immediately give public notice of his or her qualification, with notice to all creditors to present claims and all debtors to make payments to the assignee, in some newspaper published in the county in which the assignor resides or is located; and the assignee shall immediately also notify creditors by depositing like notice in the United States mail, postpaid, and directed to the creditors at their respective address as they appear in the schedule made by the assignor and filed with the assignee.
History of Section.
P.L. 1902, ch. 984, § 3; G.L. 1909, ch. 338, § 3; G.L. 1923, ch. 389, § 3; G.L. 1938, ch. 595, § 3; G.L. 1956, § 10-4-4; P.L. 1997, ch. 326, § 94.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-4 - Assignment for Benefit of Creditors › Section 10-4-5. - Removal or replacement of assignee.

§ 10-4-5. Removal or replacement of assignee.
Any assignee under this chapter may be removed by the superior court, for cause shown, upon petition of one-fifth (⅕) in amount of the creditors and upon at least five (5) days’ notice by mail, postpaid, directed to all creditors at their respective addresses and directed to the assignee. In case of the death, resignation, or removal of any assignee, a successor may be appointed by the superior court, upon the petition of any person interested, with like notice, as provided in this section, to all the creditors and to the assignor.
History of Section.
P.L. 1902, ch. 984, § 3; C.P.A. 1905, § 1232; G.L. 1909, ch. 338, § 3; G.L. 1923, ch. 389, § 3; G.L. 1938, ch. 595, § 3; G.L. 1956, § 10-4-5; P.L. 1997, ch. 326, § 94.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-4 - Assignment for Benefit of Creditors › Section 10-4-6. - Effect of assignment on liens.

§ 10-4-6. Effect of assignment on liens.
Every assignment at common law for the benefit of creditors shall be effectual to dissolve any attachment, levy, or lien placed upon the property of the assignor not more than four (4) months prior to the making of the assignment, and the costs in full of the attachment, levy, or lien shall constitute a preferred claim against the assigned estate as part of the costs of administering the trust. The property affected by the attachment, levy, or lien shall be deemed wholly discharged and released from the attachment, levy, or lien and shall pass to the assignee as part of the assigned estate, and the superior court may order such conveyance as may be necessary to carry the purposes of this section into effect; provided, that nothing contained in this section shall have the effect to destroy or impair any title obtained by the attachment, levy, or lien by a bona fide purchaser for value, who shall have acquired the attachment, levy, or lien without notice or reasonable cause of inquiry, or to dissolve, vacate, destroy or impair any lien which exists at common law or any lien for which provision is made in chapter 9 of title 6A, chapter 3 of title 9, chapters 28, 29, 30, 34, or 35 of title 34, or chapter 15 of title 39.
History of Section.
P.L. 1902, ch. 984, § 4; C.P.A. 1905, § 1220; G.L. 1909, ch. 338, § 4; P.L. 1909, ch. 456, § 1; G.L. 1923, ch. 389, § 4; G.L. 1938, ch. 595, § 4; G.L. 1956, § 10-4-6; P.L. 1997, ch. 326, § 94.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-4 - Assignment for Benefit of Creditors › Section 10-4-7. - Sale of assigned property — Continuation of business — Redemption of property subject to liens.

§ 10-4-7. Sale of assigned property — Continuation of business — Redemption of property subject to liens.
No assignee under this chapter shall sell any property of his or her assignor, except perishable goods, or in continuation of the business of the assignor in its ordinary course and without power to purchase new stock or to incur other than necessary expense for keeping the business along, without giving at least ten (10) days’ notice to all creditors by mail, postpaid, directed to all creditors at their respective addresses as they appear in the schedule made by the assignor, and stating that the property will be sold at public auction at a given time and place, and the assignee shall also give like notice of such auction sale in some public newspaper published in the town or city, or if none be there published, in some public newspaper published in the county where the auction sale will be held; provided, that private sale at a fixed price may be made by consent of all creditors named in the schedule made by the assignor, or by order of the superior court upon application of the assignee and after like ten (10) days’ notice by mail to such creditors. The assignee may also, upon like consent of the creditors, or like order of the superior court, redeem all mortgages, conditional contracts, pledges, and liens of or upon any property of the assignor conveyed under the assignment.
History of Section.
P.L. 1902, ch. 984, § 5; C.P.A. 1905, §§ 1220, 1229; G.L. 1909, ch. 338, § 5; G.L. 1923, ch. 389, § 5; G.L. 1938, ch. 595, § 5; G.L. 1956, § 10-4-7; P.L. 1997, ch. 326, § 94.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-4 - Assignment for Benefit of Creditors › Section 10-4-8. - Demands for and protection of property by assignee.

§ 10-4-8. Demands for and protection of property by assignee.
The assignee shall demand, sue for, and receive from all persons all the estate in their possession conveyed by the deed of assignment; and the assignee may intervene in any action, suit, or proceeding relating to the property conveyed by the assignment and take upon himself or herself the prosecution or defense thereof.
History of Section.
P.L. 1902, ch. 984, § 6; G.L. 1909, ch. 338, § 6; G.L. 1923, ch. 389, § 6; G.L. 1938, ch. 595, § 6; G.L. 1956, § 10-4-8.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-4 - Assignment for Benefit of Creditors › Section 10-4-9. - Effect on suits and proceedings of death, resignation, or removal of assignee.

§ 10-4-9. Effect on suits and proceedings of death, resignation, or removal of assignee.
No suit or proceeding pending at the time of the death, resignation, or removal of any assignee under this chapter, and to which he or she is a party, shall be abated by his or her death, resignation, or removal, but the suit or proceeding may be proceeded with or defended by his or her joint assignees or assignee or successor, in the same manner as though the suit or proceeding had been begun or was being defended by such joint assignees or assignee alone, or by such successor.
History of Section.
P.L. 1902, ch. 984, § 7; G.L. 1909, ch. 338, § 7; G.L. 1923, ch. 389, § 7; G.L. 1938, ch. 595, § 7; G.L. 1956, § 10-4-9; P.L. 1997, ch. 326, § 94.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-4 - Assignment for Benefit of Creditors › Section 10-4-10. - Dividends to creditors — Assignee’s report — Discharge of surety on bond.

§ 10-4-10. Dividends to creditors — Assignee’s report — Discharge of surety on bond.
No assignee under this chapter at common law for the benefit of creditors shall, except by consent in writing of all the creditors of the assignor, pay any dividend until the expiration of the period of four (4) months from the making of the assignment. In case no petition in bankruptcy or insolvency has been filed within the four (4) month period, the assignee shall complete the administration of the assigned estate as soon as may be, and upon the payment of final dividend shall make itemized sworn report in writing to the superior court of all his or her proceedings under his or her trust; and the court, after at least ten (10) days’ notice by the assignee by mail postpaid, directed to the creditors of the assignor at the respective addresses as they appear in the schedule made by the assignor and filed with the assignee, of the time and place for hearing upon the assignee’s report, shall examine the assignee’s report and hear any parties interested, and upon the expiration of thirty (30) days after the approval of the assignee’s report, or upon a decision approving the assignee’s report by the supreme court upon appeal, or upon certification by the superior court as provided in this chapter, the surety upon any bond of the assignee shall be thereupon discharged.
History of Section.
P.L. 1902, ch. 984, § 8; C.P.A. 1905, § 1213; G.L. 1909, ch. 338, § 8; G.L. 1923, ch. 389, § 8; G.L. 1938, ch. 595, § 8; G.L. 1956, § 10-4-10; P.L. 1997, ch. 326, § 94.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-4 - Assignment for Benefit of Creditors › Section 10-4-11. - Record of proceedings.

§ 10-4-11. Record of proceedings.
The proceedings in all cases under this chapter shall be deemed matters of record; but the proceedings shall not be required to be recorded at large, but shall be filed and numbered in the office of the clerk of the superior court, and a docket only, or short memorandum thereof, shall be kept by the clerk of the supreme court, in books provided for that purpose.
History of Section.
P.L. 1902, ch. 984, § 9; C.P.A. 1905, § 1214; G.L. 1909, ch. 338, § 9; G.L. 1923, ch. 389, § 9; G.L. 1938, ch. 595, § 9; G.L. 1956, § 10-4-11.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-4 - Assignment for Benefit of Creditors › Section 10-4-12. - Appeal to supreme court — Certification of questions.

§ 10-4-12. Appeal to supreme court — Certification of questions.
Any party aggrieved by a decision or order of the superior court upon any question arising in any proceedings under this chapter may appeal to the supreme court by claiming the appeal in writing filed with the clerk at any time within thirty (30) days after the entry of the decision or order; and also the court may at once certify any question to the supreme court.
History of Section.
P.L. 1902, ch. 984, § 9; C.P.A. 1905, § 1214; G.L. 1909, ch. 338, § 9; G.L. 1923, ch. 389, § 9; G.L. 1938, ch. 595, § 9; G.L. 1956, § 10-4-12; P.L. 1997, ch. 326, § 94.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-4 - Assignment for Benefit of Creditors › Section 10-4-13. - Chancery jurisdiction preserved — Provisions mandatory.

§ 10-4-13. Chancery jurisdiction preserved — Provisions mandatory.
The provisions of this chapter shall not be construed to exclude the additional chancery jurisdiction of the supreme and superior courts. The provisions of this chapter are hereby declared to be mandatory and not directory.
History of Section.
P.L. 1902, ch. 984, § 10; C.P.A. 1905, § 1218; G.L. 1909, ch. 338, § 10; G.L. 1923, ch. 389, § 10; G.L. 1938, ch. 595, § 10; G.L. 1956, § 10-4-13.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-5 - Attachment › Section 10-5-1. - “Trustee” defined.

§ 10-5-1. “Trustee” defined.
The word “trustee,” wherever occurring in this chapter, shall be deemed to include the words “attorney”, “agent”, “factor”, or “debtor.”
History of Section.
C.P.A. 1905, § 596; G.L. 1909, ch. 301, § 28; G.L. 1923, ch. 351, § 28; G.L. 1938, ch. 550, § 19; G.L. 1956, § 10-5-1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-5 - Attachment › Section 10-5-2. - Procedure.

§ 10-5-2. Procedure.
(a)
A court having jurisdiction over a defendant or his or her assets, including his or her personal estate or real estate, may authorize a plaintiff to attach the defendant’s assets, or any part thereof, after hearing on a motion to attach, notice of which has been given to the defendant as provided in this section. At the time of the commencement of the action, or at any time thereafter, a plaintiff must file a motion in the court having jurisdiction for authority to attach the defendant’s assets, including his or her personal or real estate, and the attachment motion must state the day, time and place of hearing and a copy must be served by the process server on the defendant or by leaving it at his or her last and usual place of abode with some person there at least five (5) days before the fixed date of hearing.
(b)
If the defendant does not reside in the state, service of the attachment motion shall be made upon him or her by mailing a copy of the motion to attach, by certified mail, to his or her last known address and, if service is made in this manner, the plaintiff or his or her attorney must attach the sender’s receipt to an affidavit of compliance with this section by the plaintiff or his or her attorney and filing it with the case in the court.
(c)
If the plaintiff after diligent search and by affidavit avers that he or she does not know of the defendant’s address, service on the defendant of the motion to attach may after order of the court be made by publication in some public newspaper, once, published in the town, city or county where the defendant’s assets are situated. If there is no public newspaper published in the town, city or county where the defendant’s assets are situated, then in some public newspaper published in the city of Providence. Provided, however, that in all actions where the plaintiff’s claim against the defendant has been reduced to a judgment, the defendant’s assets, including his or her personal estate and real estate, may be attached and may be subject to trustee process as set out in chapter 17 of this title in the same action in which the judgment has been entered.
History of Section.
C.P.A. 1905, § 510; G.L. 1909, ch. 299, § 14; G.L. 1923, ch. 349, § 14; G.L. 1938, ch. 546, § 1; G.L. 1956, § 10-5-2; P.L. 1965, ch. 55, § 50; P.L. 1973, ch. 109, § 1; P.L. 1984, ch. 357, § 2; P.L. 1986, ch. 320, § 1; P.L. 1997, ch. 326, § 95.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-5 - Attachment › Section 10-5-3, 10-5-4. - Repealed.

§ 10-5-3, 10-5-4. Repealed.
History of Section.
C.P.A. 1905, §§ 511, 512; G.L. 1909, ch. 299, §§ 15, 16; G.L. 1923, ch. 349, §§ 15, 16; G.L. 1938, ch. 546, §§ 2, 3; G.L. 1956, §§ 10-5-3, 10-5-4; Repealed by P.L. 1965, ch. 55, § 51, effective January 10, 1966.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-5 - Attachment › Section 10-5-5. - Writ of attachment after filing of equitable complaint.

§ 10-5-5. Writ of attachment after filing of equitable complaint.
In any civil action of an equitable character, at or after the filing of the complaint, the complainant may move the superior court, ex parte, to issue a writ of attachment, to run against the property of the defendants or any defendant in the cause; and the court, in its discretion, if the cause is of such a nature that an attachment of property is for the proper security of the complainant, shall on the motion, properly supported by affidavits to be filed in the cause, enter an order granting a writ of attachment, which writ may command the attachment of the real and personal estate of the defendant, including his or her personal estate in the hands or possession of any person, co-partnership or corporation, as the trustee of the defendant and his or her stock or shares in any banking association or other incorporated company, like a writ of attachment at the commencement of a civil action in conformity to the specific directions in the court’s order; except as provided in § 6A-7-602, and shall be served in like manner and be subject to like incidents as a writ of attachment issued at the commencement of a civil action, and for such ad damnum, as shall be directed in the court’s order and stated in the writ. And all property so attached shall be held for the security of any final judgment which the complainant may obtain in his or her favor in the cause, in pursuance of the directions of the order granting the writ of attachment. If a writ of attachment runs against real property and title to the real property is held in the name of a partnership, the writ shall include the name of the partnership.
History of Section.
C.P.A. 1905, § 523; G.L. 1909, ch. 299, § 27; G.L. 1923, ch. 349, § 27; G.L. 1938, ch. 546, § 4; G.L. 1956, § 10-5-5; P.L. 1960, ch. 147, § 3; P.L. 1965, ch. 55, § 50; P.L. 1985, ch. 93, § 3.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-5 - Attachment › Section 10-5-6. - Writ in tort action against nonresident.

§ 10-5-6. Writ in tort action against nonresident.
At the commencement of a civil action sounding in tort against a nonresident having property within the state, a writ of attachment may be issued from the superior court or any district court wherever the plaintiff in the action, his or her agent or attorney, shall make affidavit, to be endorsed thereon or annexed thereto, that the defendant is a nonresident, and that the plaintiff has a just cause of action against the defendant, upon which the plaintiff expects to recover a sum sufficient to give jurisdiction to the court to which the writ is returnable.
History of Section.
C.P.A. 1905, § 524; G.L. 1909, ch. 299, § 28; G.L. 1923, ch. 349, § 28; G.L. 1938, ch. 546, § 5; G.L. 1956, § 10-5-6; P.L. 1966, ch. 1, § 11.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-5 - Attachment › Section 10-5-7. - Classes of property named in writ.

§ 10-5-7. Classes of property named in writ.
Whenever a writ of attachment can be issued by any court, it may command the attachment of the goods and chattels of the defendant and his or her real estate and his or her personal estate in the hands or possession of any person, copartnership or corporation, as his or her trustee, except as provided in § 6A-7-602, and his or her stock or shares in any banking association or other incorporated company, and may be varied so as to command the attachment of one or more of the classes of property of the defendant.
History of Section.
C.P.A. 1905, § 514; G.L. 1909, ch. 299, § 18; G.L. 1923, ch. 349, § 18; G.L. 1938, ch. 548, § 1; G.L. 1956, § 10-5-7; P.L. 1960, ch. 147, § 3.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-5 - Attachment › Section 10-5-8. - Garnishment of wages restricted to amounts not exempt — Child support to have priority.

§ 10-5-8. Garnishment of wages restricted to amounts not exempt — Child support to have priority.
(a)
Any writ of attachment, served as a writ of garnishment for the attachment of the personal estate of the defendant in the hand and possession of any employer of the defendant, shall be effective to attach so much only of such personal estate consisting of the salary or wages due and payable to the defendant, or to become in the future due and payable to the defendant, as is in excess of the amount of the defendant’s salary or wages exempt by law from attachment. And the garnishee, being the defendant’s employer, shall be required to make affidavit and shall be held liable for the defendant’s personal estate consisting of the salary or wages due and payable to the defendant or to become in the future due and payable to the defendant only in respect of the excess amount exempt from attachment. Any writ of garnishment served under the provisions of this section shall state the judgment amount, and the employer shall withhold sums not exempt by law until the amount of withholding equals the amount of the judgment. The employer shall be entitled to the sum of five dollars ($5.00), payable directly from the employee to the employer, for each writ of garnishment served upon the employer regarding any employee.
(b)
Subject to any federal or state law to the contrary, any garnishment of wages for child support issued pursuant to § 15-5-25, and any wage assignment pursuant to § 15-5-24, or chapter 16 of title 15 shall take priority over any garnishment issued in accordance with this section. This priority shall occur whether or not the garnishment or assignment pursuant to § 15-5-24 or 15-5-25 or chapter 16 of title 15 occurs before or after any garnishment pursuant to this section. In addition, consistent with federal and state law, the state court system may develop a system for the collection of court imposed or assessed fines, costs, fees or other assessments, including restitution, through wage assignment procedures.
History of Section.
G.L., ch. 351, § 30, P.L. 1932, ch. 1898, § 1; G.L. 1938, ch. 548, § 2; G.L. 1956, § 10-5-8; P.L. 1981, ch. 350, § 1; P.L. 1988, ch. 295, § 1; P.L. 1992, ch. 235, § 1; P.L. 1997, ch. 326, § 95.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-5 - Attachment › Section 10-5-9. - Method of attaching real estate.

§ 10-5-9. Method of attaching real estate.
The officer commanded by any writ to attach real estate, or the right, title, and interest of any defendant in real estate, shall attach the real estate by leaving an attested copy of the writ, with a copy of his or her doings thereon, with the town clerk of the town in which the real estate shall be situated, unless there be a recorder of deeds of the town, in which case he or she shall leave the copy with the recorder of deeds; and the town clerk or recorder of deeds, as the case may be, shall note upon the copy the time, as near as may be, when the copy was left with him or her, and shall also enter in a book, to be kept by him or her for that purpose, the names of the parties in the writ, including the name of any partnership set forth in the writ where any real property of a defendant being attached is held in a partnership name the amount of the damages claimed, the time when the copy was left with him or her, and the court to which the writ is returnable, and shall be entitled to demand and receive from the officer a fee of twenty-five cents ($0.25) in each case, and the officer shall in all cases, in accordance with applicable procedural rules, serve the defendant with a copy of the writ and his or her doings thereon.
History of Section.
C.P.A. 1905, § 534; G.L. 1909, ch. 300, § 12; G.L. 1923, ch. 350, § 12; G.L. 1938, ch. 547, § 1; G.L. 1956, § 10-5-9; P.L. 1966, ch. 1, § 11; P.L. 1985, ch. 93, § 3.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-5 - Attachment › Section 10-5-10. - Value of goods attached.

§ 10-5-10. Value of goods attached.
Whenever a writ of attachment issued at the commencement of an action, or writ of mesne process, shall command the officer to whom the writ is directed to attach the goods and chattels of a defendant, the officer shall attach the goods and chattels to the value commanded in the writ, if so much can be found by him or her, and may attach any less value, if the plaintiff or his or her attorney shall give order therefor.
History of Section.
C.P.A. 1905, § 535; G.L. 1909, ch. 300, § 13; G.L. 1923, ch. 350, § 13; G.L. 1938, ch. 547, § 2; G.L. 1956, § 10-5-10; P.L. 1965, ch. 55, § 50.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-5 - Attachment › Section 10-5-11. - Service of writ on defendant.

§ 10-5-11. Service of writ on defendant.
The officer making the attachment shall serve the defendant, as provided in applicable procedural rules, with a copy of the writ, having indorsed on the writ a general reference to the class or kind of goods and chattels so attached, together with a statement of the place in which they were found, and of the date and time of day of the attachment.
History of Section.
C.P.A. 1905, § 536; G.L. 1909, ch. 300, § 14; G.L. 1923, ch. 350, § 14; G.L. 1938, ch. 547, § 3; G.L. 1956, § 10-5-11; P.L. 1965, ch. 55, § 50.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-5 - Attachment › Section 10-5-12. - Custody of attached goods.

§ 10-5-12. Custody of attached goods.
The officer shall keep the goods and chattels so attached in his or her custody, as security to satisfy the judgment or decree as the plaintiff may obtain, until by due process of law either he or she shall sell the goods and chattels or they shall be withdrawn from his or her custody.
History of Section.
C.P.A. 1905, § 537; G.L. 1909, ch. 300, § 15; G.L. 1923, ch. 350, § 15; G.L. 1938, ch. 547, § 4; G.L. 1956, § 10-5-12.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-5 - Attachment › Section 10-5-13. - Defendant’s bond.

§ 10-5-13. Defendant’s bond.
The defendant in any writ upon which goods and chattels shall have been attached may, at any time within forty-eight (48) hours, exclusive of Sundays and legal holidays, after the attachment, deliver to the officer a bond in the penal sum of the amount of damages laid in the writ, signed by the defendant or someone in his or her behalf, with surety or sureties to the satisfaction of the officer, with a condition in the surety that the surety shall be null and void if the final judgment or decree in the action or cause in which the writ was served shall be immediately paid and satisfied after the rendition thereof.
History of Section.
C.P.A. 1905, § 538; G.L. 1909, ch. 300, § 16; G.L. 1923, ch. 350, § 16; G.L. 1938, ch. 547, § 5; G.L. 1956, § 10-5-13; P.L. 1997, ch. 326, § 95.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-5 - Attachment › Section 10-5-14. - Reduction of damages before bond.

§ 10-5-14. Reduction of damages before bond.
If the defendant in the writ shall deem the damages laid in the writ excessive, he or she may, before giving bond under the provisions of this chapter, complain in writing to any justice of the court to which the writ is returnable, requesting their reduction; and the justice may, after due notice to the plaintiff in the writ, or to his or her attorney, and upon cause shown, reduce the damages, and the amount so fixed shall be the penal sum in the bond.
History of Section.
C.P.A. 1905, § 539; G.L. 1909, ch. 300, § 17; G.L. 1923, ch. 350, § 17; G.L. 1938, ch. 547, § 6; G.L. 1956, § 10-5-14.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-5 - Attachment › Section 10-5-15. - Filing of bond and delivery of property to defendant.

§ 10-5-15. Filing of bond and delivery of property to defendant.
Upon accepting a bond given to satisfy a judgment or decree as required in this chapter, the officer shall lodge the bond with the clerk of the court to which the writ in the action shall be returnable and shall immediately surrender the goods and chattels attached by him or her to the person whose interest in the goods and chattel shall have been attached, or from whose possession the goods and chattel were taken, by virtue of the writ.
History of Section.
C.P.A. 1905, § 540; G.L. 1909, ch. 300, § 18; G.L. 1923, ch. 350, § 18; G.L. 1938, ch. 547, § 7; G.L. 1956, § 10-5-15; P.L. 1997, ch. 326, § 95.