reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-19 - Forcible Entry and Detainer › Section 34-19-6. - Judgment and writ of restitution.

§ 34-19-6. Judgment and writ of restitution.
Upon the return of verdict for the complainant, the court shall enter up judgment that the complainant have restitution of the premises, with all costs, to be taxed by the court, and shall award a writ of restitution and for costs against the party complained of, in the form following:
THE STATE OF RHODE ISLAND.
SC.
(SEAL) To the sheriff of our county of .......... , or to .......... his or her deputy, .......... Greeting:
Whereas, at a court of inquiry of forcible entry and detainer, .......... held at .......... in our county of .......... upon the ...... day of .......... in the year .......... before one of the justices of the superior court, the jurors impaneled and sworn by our justice 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 court that .......... should have restitution of the same, we command you, that, taking with you the power of the county, if necessary, you cause .......... to be forthwith removed from the premises, and .......... to have peaceable possession of the same, and also that you levy of the goods and chattels and real estate of the said .......... the sum of .......... being costs taxed against him or her on the trial aforesaid, together with twenty-five cents (25¢) more for this writ, and also your own fees for levying the same; and for want of such goods and chattels or real estate of .......... to be by you found, you are commanded to take the body of .......... and him or her to commit to jail in .......... , in .......... county of .......... , there to remain until he or she shall pay the sum aforesaid together with all fees arising on the service of this writ or until he or she is delivered by order of law; and make return of this writ and your doings thereon within twenty (20) days next coming.
Witness the seal of the superior court the ...... day of .......... in the year ...... .
Clerk.
(or) Witness my hand and seal the ...... day of .......... in the year ...... .
Justice of the superior court.
History of Section.
P.L. 1908, ch. 1533, § 6; G.L. 1909, ch. 340, § 6; G.L. 1923, ch. 391, § 6; G.L. 1938, ch. 591, § 6; G.L. 1956, § 34-19-6; P.L. 2021, ch. 77, § 15, effective June 23, 2021; P.L. 2021, ch. 78, § 15, effective June 23, 2021.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-19 - Forcible Entry and Detainer › Section 34-19-7. - Recovery of costs by defendant.

§ 34-19-7. Recovery of costs by defendant.
If the jury’s verdict is that the complaint is not supported, or if the jury cannot agree upon a verdict, the defendant shall recover his or her costs of the proceeding, to be taxed by the court, who shall award to him or her, in common form, execution therefor.
History of Section.
P.L. 1908, ch. 1533, § 7; G.L. 1909, ch. 340, § 7; G.L. 1923, ch. 391, § 7; G.L. 1938, ch. 591, § 7; G.L. 1956, § 34-19-7.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-19 - Forcible Entry and Detainer › Section 34-19-8. - Appeal not allowed — New trial — Judgment not bar to further action.

§ 34-19-8. Appeal not allowed — New trial — Judgment not bar to further action.
No appeal shall be allowed from the judgment of the court, nor shall a new trial be granted, in this proceeding, nor shall the judgment be a bar to any action thereafter brought by either party.
History of Section.
P.L. 1908, ch. 1533, § 8; G.L. 1909, ch. 340, § 8; G.L. 1923, ch. 391, § 8; G.L. 1938, ch. 591, § 8; G.L. 1956, § 34-19-8.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-19 - Forcible Entry and Detainer › Section 34-19-9. - Certiorari to supreme court.

§ 34-19-9. Certiorari to supreme court.
The proceeding may be removed by certiorari into the supreme court, and be quashed for irregularity, if there is any.
History of Section.
P.L. 1908, ch. 1533, § 9; G.L. 1909, ch. 340, § 9; G.L. 1923, ch. 391, § 9; G.L. 1938, ch. 591, § 9; G.L. 1956, § 34-19-9.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-19 - Forcible Entry and Detainer › Section 34-19-10. - Limitation of actions.

§ 34-19-10. Limitation of actions.
The complaint may be made within three (3) years after the forcible entry and detainer, or forcible detainer, complained of is committed, and not after.
History of Section.
P.L. 1908, ch. 1533, § 10; G.L. 1909, ch. 340, § 10; G.L. 1923, ch. 391, § 10; G.L. 1938, ch. 591, § 10; G.L. 1956, § 34-19-10.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-19 - Forcible Entry and Detainer › Section 34-19-11. - Compensation of jurors.

§ 34-19-11. Compensation of jurors.
Every person summoned and attending as a juror shall be entitled to the same allowance per day for attendance and for travel per mile as for like attendance and travel in the superior court; to be paid in the first instance by the complainant before the verdict shall be received, and to be taxed in the bill of costs against the defendant, if the verdict be against him or her.
History of Section.
P.L. 1908, ch. 1533, § 11; G.L. 1909, ch. 340, § 11; G.L. 1923, ch. 391, § 11; G.L. 1938, ch. 591, § 11; G.L. 1956, § 34-19-11.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-20 - Trespass and Actions for Possession › Section 34-20-1. - Liability for unauthorized cutting of trees or wood.

§ 34-20-1. Liability for unauthorized cutting of trees or wood.
Every person who shall cut, destroy, or carry away any tree, timber, wood or underwood whatsoever, lying or growing on the land of any other person, without leave of the owner thereof, shall, for every such trespass, pay the party injured twice the value of any tree so cut, destroyed, or carried away; and for the wood or underwood, thrice the value thereof; to be recovered by civil action.
History of Section.
G.L. 1896, ch. 270, § 1; C.P.A. 1905, § 1168; G.L. 1909, ch. 335, § 1; G.L. 1923, ch. 386, § 1; G.L. 1938, ch. 588, § 1; G.L. 1956, § 34-20-1; P.L. 1965, ch. 72, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-20 - Trespass and Actions for Possession › Section 34-20-2. - Actions to recovery possession — Right of entry.

§ 34-20-2. Actions to recovery possession — Right of entry.
In actions to recover possession of lands, tenements, or hereditaments, the plaintiff shall not be required to prove an actual entry under his or her title; but if he or she proves entitlement to an estate in the premises, whether as heir, devisee, purchaser, or otherwise, and proves a right of entry therein, this shall be deemed sufficient proof of his or her seisin, as alleged in the complaint; but no action shall be maintained unless the plaintiff has, at the time of commencing the same, a right of entry into the premises.
History of Section.
C.P.A. 1905, § 404; G.L. 1909, ch. 292, § 52; G.L. 1923, ch. 342, § 52; G.L. 1938, ch. 538, § 12; G.L. 1956, § 34-20-2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-20 - Trespass and Actions for Possession › Section 34-20-3. - Action by cotenants.

§ 34-20-3. Action by cotenants.
In actions concerning any estate held or claimed in coparcenary, common or joint tenancy, where the possession of the estate claimed is the object of the action, the same may be commenced by all or any two (2) or more of the coparceners, tenants in common or joint tenants, or the same may be brought by each one for his or her particular share of the estate, and the same rules shall prevail in actions for mesne profits.
History of Section.
G.L. 1896, ch. 265, § 1; G.L. 1909, ch. 330, § 1; G.L. 1923, ch. 381, § 1; G.L. 1938, ch. 586, § 1; G.L. 1956, § 34-20-3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-20 - Trespass and Actions for Possession › Section 34-20-4. - Conditional judgment in action by mortgagee.

§ 34-20-4. Conditional judgment in action by mortgagee.
In every action for possession of any real estate mortgaged, in which the defendant by his or her answer shall aver a right of redemption in himself or herself or in the person under whom the defendant claims, which averment shall not be denied by the plaintiff, or if denied shall be found true, the court shall, by itself or by one or more judicious and disinterested persons appointed by it, ascertain the just sum due on such mortgage; and shall thereupon render a conditional judgment, that if the mortgagor, the mortgagor’s heirs, executors, administrators, or assigns, shall pay unto the plaintiff in such action, or deposit in the clerk’s office for him or her, the sum adjudged due within two (2) months from the time of entering up judgment, with interest, then the mortgage, or deed operating as such, shall be void and discharged; otherwise the plaintiff shall have a judgment for possession.
History of Section.
C.P.A. 1905, § 434; G.L. 1909, ch. 294, § 8; G.L. 1923, ch. 344, § 8; G.L. 1938, ch. 444, § 1; G.L. 1956, § 34-20-4.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-20 - Trespass and Actions for Possession › Section 34-20-5 - — 34-20-9. Repealed.

§ 34-20-5 — 34-20-9. Repealed.
History of Section.
P.L. 1948, ch. 1986, §§ 1, 2; G.L. 1956, §§ 34-20-5 — 34-20-8; P.L. 1948, ch. 1986, § 3, § 34-20-9; Repealed by P.L. 1986, ch. 200, § 3, effective January 1, 1987; P.L. 1995, ch. 323, § 30, effective July 5, 1995.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-20 - Trespass and Actions for Possession › Section 34-20-10. - Unlawful termination of tenancy in general.

§ 34-20-10. Unlawful termination of tenancy in general.
When proceedings commenced under this chapter are to regain possession of the premises following the alleged termination of a tenancy, if the defendant alleges in his or her answer and if it appears by a preponderance of the evidence that any of the following situations exist, judgment shall be entered for the defendant:
(1)
That the alleged termination was intended as a penalty for the defendant’s justified attempt to secure or enforce rights under a lease or contract, or under the laws of the state or its governmental subdivisions, or of the United States.
(2)
That the alleged termination was intended as a penalty for the defendant’s justified complaint to a governmental authority with a report of plaintiff’s violation of any health or safety code or ordinance.
(3)
That the alleged termination was intended as a penalty for any other justified lawful act of the defendant.
(4)
That the alleged termination was a tenancy in housing operated by a city, town, municipal housing authority, or other unit of a local government, and was terminated without cause.
History of Section.
P.L. 1968, ch. 55, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-20 - Trespass and Actions for Possession › Section 34-20-11. - Termination of tenancy for failure to pay increased rent imposed as penalty.

§ 34-20-11. Termination of tenancy for failure to pay increased rent imposed as penalty.
When proceedings commenced under this chapter are to regain possession of the premises following the alleged termination of a tenancy, if the defendant alleges and it appears by a preponderance of the evidence that the plaintiff attempted to increase the defendant’s obligations under the letting as a penalty for the justified lawful acts described in the preceding section, and that the defendant’s failure to perform the additional obligations was a material reason for the alleged termination, judgment shall be entered for the defendant on the claim of possession, and all the additional obligations shall be void.
History of Section.
P.L. 1968, ch. 55, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-21 - Replevin › Section 34-21-1. - Property repleviable on superior court writ.

§ 34-21-1. Property repleviable on superior court writ.
Whenever any goods or chattels of more than five thousand dollars ($5,000) value shall be unlawfully taken or unlawfully detained from the owner or from the person entitled to the possession thereof, and whenever any goods or chattels of that value, which are attached on mesne process or execution or warrant of distress, are claimed by any person other than the defendant in the suit or process in which they are attached, the owner or other person may cause the same to be replevied by writ of replevin issuing from the superior court.
History of Section.
G.L. 1896, ch. 272, § 1; C. P. A. 1905, §§ 1216, 1235; G.L. 1909, ch. 336, § 1; G.L. 1923, ch. 387, § 1; P.L. 1929, ch. 1331, § 13; G.L. 1938, ch. 589, § 1; G.L. 1956, § 34-21-1; P.L. 1969, ch. 239, § 39.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-21 - Replevin › Section 34-21-2. - District court jurisdiction.

§ 34-21-2. District court jurisdiction.
The district court may issue writs of replevin where the goods and chattels to be replevied are valued at five thousand dollars ($5,000) or less, and venue of the action may be in any division of the district court where they were taken, attached or detained. The court may also try the same and award execution therein, adhering in its proceedings, as near as may be, to the forms herein prescribed.
History of Section.
G.L. 1896, ch. 272, § 12; C.P.A. 1905, § 1235; G.L. 1909, ch. 336, § 12; G.L. 1923, ch. 387, § 12; P.L. 1929, ch. 1331, § 13; G.L. 1938, ch. 589, § 12; G.L. 1956, § 34-21-2; P.L. 1969, ch. 239, § 39.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-21 - Replevin › Section 34-21-3. - Service of writ where deputy is party.

§ 34-21-3. Service of writ where deputy is party.
If any deputy sheriff is a party to the suit, then the writ shall be directed to and served by either of the town sergeants or constables in the county in which the same is to be served.
History of Section.
G.L. 1896, ch. 272, § 2; G.L. 1909, ch. 336, § 2; G.L. 1923, ch. 387, § 2; G.L. 1938, ch. 589, § 2; G.L. 1956, § 34-21-3; P.L. 2012, ch. 324, § 67.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-21 - Replevin › Section 34-21-4. - Bond given prior to service of writ.

§ 34-21-4. Bond given prior to service of writ.
The officer charged with the service of any such writ shall, before serving the same, take from the plaintiff, or from someone in his or her behalf, a bond to the defendant, with sufficient sureties, or a surety company authorized to do business in this state, in double the value of the goods and chattels to be replevied, with condition to prosecute the writ of replevin to final judgment and to pay such damages and costs as the defendant in the writ shall recover against the plaintiff, and also to return and restore the same goods and chattels in like good order and condition as when taken, in case such shall be the final judgment on the writ.
History of Section.
G.L. 1896, ch. 272, § 3; P.L. 1901, ch. 815, § 1; G.L. 1909, ch. 336, § 3; G.L. 1923, ch. 387, § 3; G.L. 1938, ch. 589, § 3; P.L. 1940, ch. 937, § 1; G.L. 1956, § 34-21-4.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-21 - Replevin › Section 34-21-5. - Court examination of bond — Failure of plaintiff to comply with court order.

§ 34-21-5. Court examination of bond — Failure of plaintiff to comply with court order.
The officer taking any goods or chattels by virtue of a writ of replevin shall not surrender or deliver the writ to the plaintiff until the amount of the plaintiff’s bond and the sufficiency of the surety shall have been approved by the court to which the writ is returnable. Every officer who shall have served the writ shall make return thereof with his or her doings thereon as soon thereafter as possible to the clerk of the court to which the writ is returnable, and the cause shall then be in order for summary hearing upon the size of the plaintiff’s bond and the sufficiency of his or her surety. The court after notice and hearing shall fix the amount of the plaintiff’s bond and determine the sufficiency of the surety and shall enter its order accordingly. If the plaintiff fails to comply with the order within three (3) days from the entry thereof, the court shall forthwith and without hearing direct the officer in possession of the goods and chattels to return them immediately to the defendant. Thereafter, upon the defendant’s motion, decision shall be for the defendant for his or her damages and costs. Failure of the plaintiff to comply with the order of the court shall also operate as an adjudication of the title to the goods and chattels replevied in favor of the defendant.
History of Section.
G.L. 1938, ch. 589, § 3; P.L. 1940, ch. 937, § 1; G.L. 1956, § 34-21-5.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-21 - Replevin › Section 34-21-6. - Insufficient bond.

§ 34-21-6. Insufficient bond.
In case the defendant shall at any time pending the writ of replevin be dissatisfied with the amount of the sureties or the surety company in the bond, the court before which the writ is pending may, on the defendant’s motion and for cause shown, in its discretion order the plaintiff to give further bond or further surety; and if the plaintiff does not comply with such order, the plaintiff’s action shall be dismissed and judgment shall be rendered for the defendant, for a return and restoration of the goods and chattels replevied and for damages and costs, the same as if the plaintiff had neglected to enter the writ of replevin.
History of Section.
G.L. 1896, ch. 272, § 4; P.L. 1901, ch. 815, § 2; G.L. 1909, ch. 336, § 4; G.L. 1923, ch. 387, § 4; G.L. 1938, ch. 589, § 4; G.L. 1956, § 34-21-6.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-21 - Replevin › Section 34-21-7. - Failure of plaintiff to prosecute.

§ 34-21-7. Failure of plaintiff to prosecute.
Whenever any plaintiff in replevin shall neglect to enter and prosecute the suit, the defendant may, upon complaint, have judgment for a return and restoration of the goods and chattels replevied, and reasonable damages for the taking, with such reasonable costs as shall be adjudged by the court, and a writ of return and restoration thereupon accordingly.
History of Section.
G.L. 1896, ch. 272, § 5; G.L. 1909, ch. 336, § 5; G.L. 1923, ch. 387, § 5; G.L. 1938, ch. 589, § 5; G.L. 1956, § 34-21-7.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-21 - Replevin › Section 34-21-8. - Judgment for defendant.

§ 34-21-8. Judgment for defendant.
If, upon trial of the writ of replevin, judgment is rendered for a return and restoration, the defendant shall recover his or her reasonable damages with costs of suit.
History of Section.
G.L. 1896, ch. 272, § 6; G.L. 1909, ch. 336, § 6; G.L. 1923, ch. 387, § 6; G.L. 1938, ch. 589, § 6; G.L. 1956, § 34-21-8.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-21 - Replevin › Section 34-21-9. - Form of writ of return and restoration.

§ 34-21-9. Form of writ of return and restoration.
The writ of return and restoration shall be substantially as follows:
THE STATE OF RHODE ISLAND.
SC.
(SEAL) To the sheriffs and certified constables of our several counties, or to their deputies, Greeting:
Whereas  ...............  of .......... in the county of  ..........  lately replevied the following goods and chattels, viz.: (here enumerate and particularly describe them) which  ..........  of .......... in our county of .......... had unlawfully taken (detained, or attached, as the case may be) as suggested, and caused .......... to be summoned to appear before our superior court to be held at .......... to answer unto .......... for such unlawful taking (detaining, or attaching, as the case may be) on the ....... day of ....... . And whereas, to our said court at its session held as aforesaid, upon a full hearing of the cause of the taking (detaining, or attaching, as the case may be) it appeared that the taking (detaining, or attaching, as the case may be) was lawful and justifiable, whereupon it was then and there by the court considered that the same be returned and restored unto .......... irrepleviable, and that .......... recover against .......... the sum of ....... dollars damages, for his or her taking the same by the process of replevin and his or her costs of defense taxed at ....... as to us appears of record, whereof execution remains to be done: we command you, therefore, that you forthwith return and restore the same goods and chattels unto .......... and also that of the goods and chattels and real estate of .......... within your precinct, you cause to be levied and paid unto .......... the aforesaid sums, being in the whole .......... together with your fees; and for want of such goods and chattels or real estate of .......... to be by you found within your precinct, to satisfy and pay the sums aforesaid, we command you to take the body of .......... and commit him or her to our correctional institution in your precinct, therein to be kept until he or she pays the sums aforementioned, with your fees, or until he or she is discharged by .......... or otherwise by order of law. Hereof fail not, and make true return of this writ and your doings thereon, to our superior court on or before the ....... day of ....... .
Witness, the seal of our superior court at ....... this ....... day of ....... in the year ....... .
, Clerk.
History of Section.
G.L. 1896, ch. 272, § 11; C.P.A. 1905, § 1169; G.L. 1909, ch. 336, § 11; G.L. 1923, ch. 387, § 11; G.L. 1938, ch. 589, § 11; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 34-21-9; P.L. 2015, ch. 260, § 35; P.L. 2015, ch. 275, § 35.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-21 - Replevin › Section 34-21-10. - Recovery of damages and costs by plaintiff.

§ 34-21-10. Recovery of damages and costs by plaintiff.
If, upon trial of the writ of replevin, the plaintiff shall make good his or her plea, the plaintiff shall recover from the defendant reasonable damages for the taking and detention of the goods and chattels, and costs; provided, that no costs shall be taxed against a defendant bailee where such bailee upon demand surrenders the replevied property to the officer serving the writ and makes no defense to the action, if the bailee shall, before service of the writ, have offered to surrender the property upon receipt of a good and sufficient bond of indemnity.
History of Section.
G.L. 1896, ch. 272, § 7; P.L. 1901, ch. 847, § 1; G.L. 1909, ch. 336, § 7; G.L. 1923, ch. 387, § 7; G.L. 1938, ch. 589, § 7; G.L. 1956, § 34-21-10.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-21 - Replevin › Section 34-21-11. - Damages and costs on divided judgment.

§ 34-21-11. Damages and costs on divided judgment.
If, upon trial of the writ of replevin, the plaintiff shall make good his or her plea for part of the goods replevied, and shall fail to make it good as to the other part, the plaintiff shall have judgment for reasonable damages for the taking and detention of the part adjudged to be plaintiff’s, and costs, and the defendant shall have judgment for a return and restoration of the goods and chattels adjudged to defendant, with damages, as provided in § 34-21-10, according to the relative value of such part, and with or without costs at the discretion of the court, but the court shall, in such case, set off the damages recovered by each.
History of Section.
G.L. 1896, ch. 272, § 8; G.L. 1909, ch. 336, § 8; G.L. 1923, ch. 387, § 8; G.L. 1938, ch. 589, § 8; G.L. 1956, § 34-21-11.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-21 - Replevin › Section 34-21-12. - Restored property subject to prior attachment.

§ 34-21-12. Restored property subject to prior attachment.
Whenever the goods and chattels replevied shall have been taken on execution or warrant of distress, they shall, in case of a judgment of return and restoration, be held responsible for the space of twenty (20) days after the return thereof; if on mesne process, until thirty (30) days shall have expired after final judgment thereon, in case judgment shall not then have been given, but if final judgment on mesne process shall have been given before the return, then for the space of twenty (20) days only after the return, to the end that the creditor, at whose suit they were originally taken, may have a complete remedy, and the benefit of his or her attachment.
History of Section.
G.L. 1896, ch. 272, § 9; G.L. 1909, ch. 336, § 9; G.L. 1923, ch. 387, § 9; G.L. 1938, ch. 589, § 9; G.L. 1956, § 34-21-12.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-21 - Replevin › Section 34-21-13. - Assumption of defense by attaching creditor.

§ 34-21-13. Assumption of defense by attaching creditor.
Whenever any action of replevin shall be brought against an officer who has taken or attached goods and chattels at the suit of a creditor, the creditor shall have the right to assume the defense of the suit upon indemnifying the officer against damages and costs therein, and the money recovered by way of damages by the officer shall be deemed to be recovered to the use of the attaching creditor, and when received shall be paid over to the creditor.
History of Section.
G.L. 1896, ch. 272, § 10; G.L. 1909, ch. 336, § 10; G.L. 1923, ch. 387, § 10; G.L. 1938, ch. 589, § 10; G.L. 1956, § 34-21-13.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-22 - Powers › Section 34-22-1. - Disclaimer and renunciation or restriction of power.

§ 34-22-1. Disclaimer and renunciation or restriction of power.
A person to whom any power of appointment, or power of apportionment, or any other power, whether coupled with an interest or not, is given, may disclaim or renounce the whole, or any part, of that power to the extent that the power has not been exercised by that person, and may also restrict any such power, either as to persons to whom he or she may appoint or the amounts he or she may appoint, or both. The disclaimer or renunciation shall relate back to the creation of the power and shall take and have effect as of that time. No title to any property or interest with respect to which such renunciation or disclaimer is made shall pass to any person by virtue of the power to the extent of the renunciation or disclaimer, and the power shall be void to the extent of the renunciation or disclaimer. After such disclaimer or renunciation, the power may be exercised by the other or others, if any, or the survivors or survivor of the others, of the persons to whom the power is given, unless the contrary is expressed in the instrument creating the power. This section shall apply to all powers of appointment and powers of apportionment and all other powers, whether created before or after the original enactment of this section.
History of Section.
G.L. 1896, ch. 208, § 20; G.L. 1909, ch. 259, § 20; G.L. 1923, ch. 303, § 20; G.L. 1938, ch. 488, § 1; P.L. 1944, ch. 1486, § 1; G.L. 1956, § 34-22-1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-22 - Powers › Section 34-22-2. - Delivery and recording of disclaimer and renunciation.

§ 34-22-2. Delivery and recording of disclaimer and renunciation.
Any renunciation or disclaimer shall be valid and effective according to its terms when signed by the person disclaiming or renouncing the power and delivered to any other person having any legal or equitable interest, vested or contingent, in the property subject to the power; provided, however, that if the property, or any part thereof, shall consist of real estate situated in this state, the disclaimer or renunciation shall not take effect with respect to the real estate unless and until the renunciation or disclaimer shall be acknowledged and recorded in the records of land evidence in the town or city in which the real estate, or some part thereof, is situated.
History of Section.
G.L. 1938, ch. 488, § 1; P.L. 1944, ch. 1486, § 1; G.L. 1956, § 34-22-2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-22 - Powers › Section 34-22-3. - Release of power — Contract not to exercise.

§ 34-22-3. Release of power — Contract not to exercise.
A person to whom any power, whether or not coupled with an interest, is given, may release, or contract not to exercise, the power, unless prevented from so doing by the terms of the power.
History of Section.
G.L. 1896, ch. 202, § 22; G.L. 1909, ch. 253, § 22; G.L. 1923, ch. 297, § 22; G.L. 1938, ch. 488, § 4; G.L. 1956, § 34-22-3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-22 - Powers › Section 34-22-4. - Means of releasing or contracting not to exercise power.

§ 34-22-4. Means of releasing or contracting not to exercise power.
Any power of appointment or power of apportionment or any other power, whether or not coupled with an interest, unless it is otherwise expressly provided by the terms of the power, may be released in whole or in part by the donee or donees of the power, or the donee or donees of the power may contract not to exercise the power in whole or in part. After the release or contract, the power may be exercised by the other or others, if any, or the survivors or survivor of the others, of the persons to whom the power is given, unless the contrary is expressed in the instrument creating the power. This section shall apply to all powers of appointment and powers of apportionment and all other powers, whether created before or after the original enactment of this section. Notwithstanding any other provisions of law, the release or contract shall be valid and effective according to its terms when signed by the releasor, or by the contracting party, as the case may be, and delivered to any other person having any legal or equitable interest, vested or contingent, in the property subject to the power; provided, however, that if the property, or any part thereof, shall consist of real estate situated in this state, the release or contract shall not take effect with respect to the real estate unless and until the release or contract shall be acknowledged and recorded in the records of land evidence in the town or city in which the real estate, or some part thereof, is situated.
History of Section.
G.L. 1938, ch. 488, § 5; P.L. 1943, ch. 1348, § 1; P.L. 1944, ch. 1486, § 2; G.L. 1956, § 34-22-4.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-22 - Powers › Section 34-22-5. - Relationship between §§ 34-22-3 and 34-22-4.

§ 34-22-5. Relationship between §§ 34-22-3 and 34-22-4.
The general assembly hereby declares that § 34-22-4 is declaratory of the meaning of § 34-22-3.
History of Section.
P.L. 1944, ch. 1486, § 3; G.L. 1956, § 34-22-5.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-22 - Powers › Section 34-22-6. - Acts under power of attorney.

§ 34-22-6. Acts under power of attorney.
The donee of a power of attorney may, under and within the authority of the power, if he or she thinks fit, execute or do any assurance, instrument, or thing in and with his or her own name and signature, and, where sealing is required, with his or her own seal; and every assurance, instrument and thing so executed and done shall be as effectual in law, to all intents, as if it had been executed or done by the donee of the power in the name and with the signature, or signature and seal, of the donor thereof.
History of Section.
G.L. 1896, ch. 202, § 17; G.L. 1909, ch. 253, § 17; G.L. 1923, ch. 297, § 17; G.L. 1938, ch. 488, § 2; G.L. 1956, § 34-22-6.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-22 - Powers › Section 34-22-6.1. - When power of attorney not affected by incompetency.

§ 34-22-6.1. When power of attorney not affected by incompetency.
(a)
Whenever a donor of a power of attorney designates another his or her attorney in fact or agent by a power of attorney in writing and the writing contains the words “This power of attorney shall not be affected by the incompetency of the donor”, or “This power of attorney shall become effective upon the incompetency of the donor”, or similar words showing the intent of the donor that the authority conferred is exercisable notwithstanding the donor’s incompetency, the authority of the attorney in fact or agent is exercisable as provided in the power on behalf of the donor notwithstanding later incompetency of the donor at law or later uncertainty as to whether the donor is dead or alive, and unless it states a time of termination, the authority conferred remains exercisable notwithstanding the lapse of time since the execution of the instrument. All acts done by the attorney in fact or agent pursuant to the power during any period of incompetence or uncertainty as to whether the donor is dead or alive have the same effect and inure to the benefit of and bind the donor or the donor’s heirs, devisees, and personal representative as if the donor were alive and competent. If a guardian or conservator subsequently is appointed for the donor, the attorney in fact or agent, during the continuance of the appointment, accounts to the guardian or conservator rather than the donor. The guardian or conservator has the same power the donor would have had if the donor were not incompetent to revoke, suspend, or terminate all or any part of the power of attorney or agency.
(b)
Any person who acts in good faith reliance on a power of attorney, whether such power is authorized pursuant to subsection (a) of this section or is otherwise valid on its face, shall incur no liability as a result of acting in accordance with the instructions of the attorney in fact or agent.
History of Section.
P.L. 1983, ch. 322, § 1; P.L. 2000, ch. 342, § 1; P.L. 2005, ch. 124, § 1; P.L. 2005, ch. 133, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-22 - Powers › Section 34-22-7. - Good faith payment by attorney acting under invalid power.

§ 34-22-7. Good faith payment by attorney acting under invalid power.
Any person, making any payment in good faith in pursuance of a power of attorney, shall not be liable, in respect of the payment, by reason that before the payment the donor of the power had died or become of unsound mind or bankrupt, or had revoked the power, if the fact of death, unsoundness of mind, bankruptcy or revocation, was not at the time of the payment known to the person making the payment. This section shall not affect any right against the payee of any person interested in any money so paid; and that person shall have the like remedy against the payee as he or she would have had against the payer if the payment had not been made.
History of Section.
G.L. 1896, ch. 202, § 18; G.L. 1909, ch. 253, § 18; G.L. 1923, ch. 297, § 18; G.L. 1938, ch. 488, § 3; G.L. 1956, § 34-22-7; P.L. 1999, ch. 83, § 79; P.L. 1999, ch. 130, § 79.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-22 - Powers › Section 34-22-8. - Power of attorney given by member of military in time of war.

§ 34-22-8. Power of attorney given by member of military in time of war.
Any person seventeen (17) years old or over may give a power of attorney to be exercised during the period during which the donor is engaged in active service with the military, air, or naval forces of the United States or in the American merchant marine during any war, declared or undeclared, in which the United States shall be engaged. The power of attorney shall continue in full force and effect until revoked by the donor or by operation of law. The donee of the power of attorney may act for and represent the donor to the extent as authorized in the power of attorney, provided that nothing in §§ 34-22-8 — 34-22-10 shall authorize a donee of a power of attorney given by a minor to sell, mortgage or dispose of the property, real or personal, of the minor.
History of Section.
P.L. 1950 (s. s.), ch. 2644, § 1; G.L. 1956, § 33-22-8.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-22 - Powers › Section 34-22-9. - Good faith acts under revoked military member’s power of attorney.

§ 34-22-9. Good faith acts under revoked military member’s power of attorney.
Notwithstanding the revocation of any power of attorney given by a member of the military, whether by act of the donor of the power or by operation of law, any act done or instrument executed by the donee of the power shall be as valid and effectual in favor of any person dealing with the donee as if the power had remained unrevoked at the time when the act was done or the instrument was executed unless the person dealing with the donee had at that time actual notice of the revocation of the power.
History of Section.
P.L. 1950 (s. s.), ch 2644, § 2; G.L. 1956, § 34-22-9.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-22 - Powers › Section 34-22-10. - Notice of death of member of military giving power of attorney.

§ 34-22-10. Notice of death of member of military giving power of attorney.
No person shall be deemed for the purposes of §§ 34-22-8 and 34-22-9 to have actual notice of the death of any donor of any power of attorney given by a member of the military by reason only of a report to the effect that the donor is missing or is missing and believed to be killed, unless the death of the donor has been presumed by order of a court of competent jurisdiction and the person in question has notice of the order.
History of Section.
P.L. 1950 (s. s.), ch. 2644, § 3; G.L. 1956, § 34-22-10.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-22 - Powers › Section 34-22-11. - Construction of certain powers of appointment created before May 1, 1958.

§ 34-22-11. Construction of certain powers of appointment created before May 1, 1958.
In the construction of any will of a person who dies, or of a deed of trust executed and becoming effective before May 1, 1958, which instrument shall create a power to appoint by will, unlimited as to the persons to whom the donee of the power may appoint, the instrument shall be deemed to permit appointment to the estate of the donee of the power unless a contrary intention shall appear by the terms thereof, or unless the donee of the power shall have deceased prior to May 1, 1958.
History of Section.
P.L. 1958, ch. 54, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-22 - Powers › Section 34-22-12. - Construction of certain powers of appointment created after May 1, 1958.

§ 34-22-12. Construction of certain powers of appointment created after May 1, 1958.
In the construction of any will of a person who dies, or of a deed of trust executed and becoming effective after May 1, 1958, which instrument shall create a power to appoint by will, unlimited as to the persons to whom the donee of the power may appoint, the instrument shall be deemed to permit appointment to the estate of the donee of the power unless a contrary intention shall appear by the terms thereof.
History of Section.
P.L. 1958, ch. 54, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-22 - Powers › Section 34-22-13. - Powers as subjecting property to creditors.

§ 34-22-13. Powers as subjecting property to creditors.
Except to the extent that a donee shall appoint to his or her estate or to his or her creditors, §§ 34-22-11 and 34-22-12 shall not be construed to subject to the claims of creditors of the donee the property which the donee is authorized to appoint.
History of Section.
P.L. 1958, ch. 54, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-22 - Powers › Section 34-22-14. - Severability of §§ 34-22-11 — 34-22-14.

§ 34-22-14. Severability of §§ 34-22-11 — 34-22-14.
The provisions of §§ 34-22-11 — 34-22-14 are hereby declared to be severable; and in case any part, section or provision of §§ 34-22-11 — 34-22-14 are held invalid by any court of competent jurisdiction, the remaining parts, sections and provisions of §§ 34-22-11 — 34-22-14 shall not be thereby impaired or otherwise affected and the other parts, sections and provisions shall be given effect without the invalid provisions.
History of Section.
P.L. 1958, ch. 54, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-23 - Mortgages of Real Property › Section 34-23-1. - Effect of unrecorded defeasance.

§ 34-23-1. Effect of unrecorded defeasance.
When a deed purports to contain an absolute conveyance of real estate but is made defeasible by a deed, bond or other instrument, the original deed shall not be thereby affected as against any person, other than the maker of the instrument of defeasance and his or her heirs and devisees and persons having actual notice of it, unless such defeasance is recorded in the records of land evidence in the town or city in which the real estate to which it relates is situated prior to the conveyance to such other person.
History of Section.
G.L. 1896, ch. 207, § 1; G.L. 1909, ch. 258, § 1; G.L. 1923, ch. 302, § 1; G.L. 1938, ch. 442, § 1; G.L. 1956, § 34-23-1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-23 - Mortgages of Real Property › Section 34-23-2. - Redemption right of mortgagor or vendor with defeasance.

§ 34-23-2. Redemption right of mortgagor or vendor with defeasance.
All real estates, conveyed or pledged by mortgage or deed of bargain and sale with defeasance, shall be redeemable by the mortgagor or vendor, his or her heirs, executors, administrators, successors, or assigns, on paying the money borrowed thereon, with interest, or by performing the condition on which the real estate was conveyed or mortgaged, deducting the rents and profits which the mortgagee, or any under him or her, may have received over and above the taxes and assessments paid out, and suitable repairs and insurance made by him, her, or them, and all other necessary expenses in the care and management of the premises.
History of Section.
G.L. 1896, ch. 207, § 2; G.L. 1909, ch. 258, § 2; G.L. 1923, ch. 302, § 2; G.L. 1938, ch. 442, § 2; G.L. 1956, § 34-23-2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-23 - Mortgages of Real Property › Section 34-23-3. - Time within which redemption allowed.

§ 34-23-3. Time within which redemption allowed.
No mortgagor, his or her heirs, executors, administrators, successors, or assigns shall be allowed to redeem any mortgaged real estate, but shall be forever barred and foreclosed of all equity and right of redemption therein, unless the mortgagor, his or her heirs, executors, administrators, successors, or assigns shall pay to the mortgagee, his or her heirs, executors, administrators, successors, or assigns the full sum, both principal and interest, due on the mortgage, within three (3) years after the mortgagee, or other person claiming under him or her, shall by process of law, or by peaceable and open entry made in the presence of two (2) witnesses, have taken actual possession of the mortgaged estate and continued the mortgage during the term.
History of Section.
G.L. 1896, ch. 207, § 3; G.L. 1909, ch. 258, § 3; G.L. 1923, ch. 302, § 3; G.L. 1938, ch. 442, § 3; G.L. 1956, § 34-23-3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-23 - Mortgages of Real Property › Section 34-23-4. - Certificate of possession taken by mortgagee.

§ 34-23-4. Certificate of possession taken by mortgagee.
Whenever possession shall be taken in the presence of witnesses as provided in § 34-23-3, they shall give to the mortgagee, or other person taking possession under him or her, a certificate of the possession being taken; and the person delivering possession shall acknowledge the delivery have been voluntarily done before a justice of the peace or notary public in the town or city where the mortgaged estate lies, which certificate and acknowledgment shall be recorded in the records of land evidence in the town or city.
History of Section.
G.L. 1896, ch. 207, § 4; G.L. 1909, ch. 258, § 4; G.L. 1923, ch. 302, § 4; G.L. 1938, ch. 442, § 4; G.L. 1956, § 34-23-4.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-23 - Mortgages of Real Property › Section 34-23-5. - Prepayment of mortgage loans.

§ 34-23-5. Prepayment of mortgage loans.
(a)
Every bank, trust company, loan company, building-loan association, credit union, finance company and other person(s) making a loan or loans secured by a mortgage or mortgages on real estate located in Rhode Island containing thereon dwelling houses of not more than four (4) dwelling units shall provide in the mortgage note, and in any event the loan or loans shall be upon the condition that the full payment of mortgage may be made at any time after one year from the making of the loan without penalty, provided further, that during the first year, penalty or other charges for prepayment shall not exceed two percent (2%) of the balance due at date of the pay-off. If interest or other charges in connection with the loan or loans shall have been prepaid or included in the face of the mortgage, the holder thereof shall rebate the interest or other charges under regulations promulgated by the director of the department of business regulation.
(b)
Alternatively a bank, trust company, loan company, building-loan association, credit union, finance company and other person(s) making a nonpurchase money loan or loans secured by a mortgage or mortgages on real estate located in Rhode Island containing on it dwelling houses of not more than four (4) dwelling units, may impose a prepayment penalty or other similar charges for the prepayment of a mortgage loan notwithstanding the prepayment penalty limitation imposed in subsection (a), but only if:
(1)
The terms, conditions and amount of the prepayment penalty or other similar charges are prominently and conspicuously disclosed in writing to the borrower;
(2)
The borrower agrees and consents to be bound by these terms and conditions; and
(3)
Provided no prepayment penalty shall be imposed for any prepayment occurring more than sixty (60) months after the date of such loan.
(c)
Any bank, trust company, loan company, building-loan association, credit union, finance company or other lender that chooses to offer a mortgage product pursuant to subsection (b) shall have available a similar mortgage product that complies with the limitations set forth in subsection (a) and all applicable federal regulations.
(d)
Any prepayment penalty imposed under this section shall not be construed as interest under the provisions of § 6-26-2.
History of Section.
P.L. 1965, ch. 113, § 1; P.L. 1970, ch. 288, § 1; P.L. 1974, ch. 109, § 1; P.L. 1996, ch. 366, § 1; P.L. 2002, ch. 117, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-23 - Mortgages of Real Property › Section 34-23-6. - Loan fees.

§ 34-23-6. Loan fees.
In the event any brokerage fees, loan fees, points, finders’ fees, origination fees, or any similar charges shall be imposed on any secured mortgage loan on real estate containing thereon dwelling houses of not more than four (4) dwelling units, those charges shall not be subject to any refund in the event the underlying loan contract is prepaid in full provided that the loan originator, broker or lender gives the following disclosure to the loan applicant in writing: not later than three (3) business days after the application is received. “Notice regarding nonrefundability of loan fees: You have received a good faith estimate of fees and charges showing the loan fees and similar charges you are likely to pay to obtain this loan. As provided in § 34-23-6, none of these or other fees and charges will be refunded in the event the loan is prepaid in whole or in part.”
History of Section.
P.L. 1988, ch. 246, § 2; P.L. 2001, ch. 294, § 1; P.L. 2002, ch. 307, § 1; P.L. 2011, ch. 344, § 1; P.L. 2011, ch. 390, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-23 - Mortgages of Real Property › Section 34-23-7. - Repealed.

§ 34-23-7. Repealed.
History of Section.
P.L. 1988, ch. 437, § 2; Repealed by P.L. 1989, ch. 310, § 2, effective July 7, 1989.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-24 - Mortgages of Personal Property › Section 34-24-1 - — 34-24-7. Repealed.

§ 34-24-1 — 34-24-7. Repealed.
History of Section.
G.L. 1896, ch. 207, §§ 10-13; P.L. 1899, ch. 614, § 1; G.L. 1909, ch. 258, §§ 10-13; G.L. 1923, ch. 302, §§ 10-13; P.L. 1935, ch. 2200, §§ 1-3; G.L. 1938, ch. 442, §§ 10-13; G.L. 1938, ch. 443, §§ 1-3; P.L. 1945, ch. 1587, § 2; G.L. 1956, §§ 34-24-1 to 34-24-7; Repealed by P.L. 1960, ch. 147, § 2. For present provisions of law, see Uniform Commercial Code, title 6A.