Title 34 Property
CHAPTER 34-19
Forcible Entry and
Detainer
Warrant for summons of jury.
Whenever a complaint shall be made in writing and under oath of
the complainant, or of some one in his or her behalf, to a justice
of the superior court, that any person has made unlawful and
forcible entry into lands or tenements, and with a strong hand
detains the lands or tenements, or that, having made lawful and
peaceable entry, or peaceable entry into
lands or tenements, any person unlawfully and with force holds and
detains them, the court shall make out a warrant under its hand and
seal, directed to the sheriff of the county in which the lands or
tenements lie, or to his or her deputy, commanding him or her in
behalf of the state to cause to come before the superior court, at
such time and place as the court shall appoint within the county,
twelve (12) good and lawful men or women of the same county, which
warrant shall be in the following form:
THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS. SC.
(SEAL);
To the sheriff of the county of ____________
or ;
to his or her deputy, Greeting:
Whereas complaint is made to me, the subscriber, by
______________;______ of _____; that ______;of __________ upon the
_____;______ day of _____;____ at _____________ with force and
arms and with a strong hand did unlawfully and forcibly enter into
and upon a tract of land of him or her in _________ ;aforesaid
containing ____ acres, bounded as follows, viz.: (or, into the
messuage or tenement of him or her, as the case may be, describing
it) and him or her with force and a strong hand as aforesaid did
expel and unlawfully put out of possession of the same (or, as the
case may be, that having made lawful and peaceable entry, or
peaceable entry, such person unlawfully and with force holds and
detains him or her out of the same), you are hereby commanded in
behalf of the state to cause to come before our superior court,
upon the day of ______; at ____ o'clock ( :
) in the
; noon at in the county of ________ twelve (12) good and lawful
men or women of your county to be impaneled and sworn, to inquire
into the forcible entry and detainer (or forcible detainer, as the
case may be), as aforedescribed.
Given under my hand and seal the ___________ day of
______;____ in the year _____ Justice of the superior court.
Title 34, Chap. 34-19, § 34-19-1
Issuance of summons to defendant. – The court shall
also make out a summons
to the party complained against in the form following:
THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS. SC.
(SEAL) &n
bsp; To the sheriff of
the county of
or _______; to his deputy, Greeting:
We command you that you summon _____ of ______to appear before
our superior court at ____ in our county of ______; on _______ the
day of ____ ;at ____;
o'clock ( : ) in the noon, then and
there to answer to and defend against the complaint of _______;
there exhibited: _______; wherein complains that (here recite the
complaint); and you are to make return of this writ with your
doings thereon unto our the court upon or before the such day.
Given under my hand and seal, the _____ day of _____;___in the
year Justice of the superior court. Title 34, Chap. 34-19,
§ 34-19-2
Service on defendant - Proceeding on nonappearance.
The summons shall be served upon the party complained against,
or a copy thereof left at his or her usual place of abode, six (6)
days, exclusive, before the day appointed by the justice for the
trial; and if, after the service of the summons, the party shall not
appear to defend, the court shall proceed to the inquiry in the same
manner as if he or she were present. Title 34, Chap. 34-19, §
34-19-3
Impaneling and oath of jurors.
When the jury summoned, or such other jurors as may be taken up
on a new venire to be issued by the court if occasion shall require,
shall appear, they shall, to the number of twelve (12), be impaneled
to inquire into the forcible entry and detainer, or forcible
detainer, complained of, and the court shall lay before them the
exhibited complaint, and shall administer, or cause to be
administered, to them the following oath, to wit:
Foreperson's Oath.
You, as foreperson of this jury, do solemnly swear (or affirm)
that you will well and truly try whether the complaint of _______
now laid before you is true, according to the evidence; so help you
God (or, this affirmation you make and give upon the peril of the
penalty of perjury).
The Oath of the Other Jurors.
The same oath which your foreperson has taken on his or her
part, you and every one of you will well and truly observe and keep;
so help you God (or, this affirmation you make and give upon the
peril of the penalty of perjury). Title 34, Chap. 34-19, §
34-19-4
Return of verdict.
If, upon a full hearing of the cause, the jury shall find the
complaint laid before them supported by the evidence, they shall
sign and return to the court their
verdict, in form following, to wit:
At a court of inquiry held before one of the justices of the
superior court within and for the county of _______ at _____ upon
the ______; _______; ____day of _______in the
year________;___________, the jury, upon their oaths, do find that
the lands or tenements in aforesaid, bounded (or, described) as
follows (as in the complaint), upon the day of _____; in the year
____were in the lawful and rightful possession of ______ and that
_______;did, upon the same day, unlawfully, with force and arms and
with a strong hand, enter forcibly into the same, and (or, being
lawfully upon the same) did unlawfully, with force and a strong
hand, hold and keep out and that he or she still continues
wrongfully to detain the possession from him or her, : whereupon the
jury find, upon their oaths aforesaid, that _____
ought to have restitution thereof without delay. Title 34,
Chap. 34-19, § 34-19-5
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 AND PROVIDENCE PLANTATIONS. 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 shall pay the sum
aforesaid together with all fees arising on the service of this
writ or until he 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. Title 34, Chap.
34-19, § 34-19-6
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.
Title 34, Chap. 34-19, § 34-19-7
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.
Title 34, Chap. 34-19, § 34-19-8
Certiorari to supreme court.
The proceeding may be removed by certiorari into the supreme
court, and be quashed for irregularity, if there is any. Title
34, Chap. 34-19, § 34-19-9
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. Title 34, Chap. 34-19, § 34-19-10
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. Title 34, Chap. 34-19, § 34-19-11
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