§ 34-21-9 — § 34-21-9. Form of writ of return and restoration.

Rhode Island § 34-21-9

• Jurisdiction: Rhode Island
• Title 34: Property
• Ch. 34-21: Replevin

Text

§ 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.

Legislative History

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.