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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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