writ with your doings thereon, together with the bond you shall take of the plaintiff. Witness, Esq., at this day of in the Clerk. SEC. 3. If any sheriff or 'deputy sheriff be party to such suit, then the writ shall be directed to and served by either of the town sergeants in the county in which the same is to be served. SEC. 4. The officer charged with the service of any such writ shall, before serving the same, take from the plaintiff or from some one in his behalf, a bond to the defendant, with sufficient sureties in double the value of the goods and chattels to be replevied; with condition to prosecute the said writ of replevin to final judgment, and to pay such damages and costs as the defendant in said writ shall recover against him, 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 said writ. SEC. 5. In case the defendant shall, at any time pending the writ of replevin, be dissatisfied with the amount or the sureties in such bond, the court before which the same shall be pending may, on his motion, and for cause shown, in their discretion, order the plaintiff to give further bond or further surety; and if the plaintiff do not comply with said order, his 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 his writ of replevin. SEC. 6. 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 damages for the taking, to the amount of six per cent. on the penal sum of the bond, with reasonable costs; and a writ of return and restoration thereupon accordingly. SEC. 7. If upon trial of the writ of replevin, judgment shall be rendered for a return and restoration, the defendant shall recover for his damages six per cent. on the penal sum of the bond, if such judgment shall be recovered within one year from the date of such writ; but if such judgment shall be recovered after the expiration of one year from the date of said writ, the defendant shall have for his damages six per cent. per annum on the penal sum of the bond. SEC. 8. If upon trial of the writ of replevin, the plaintiff shall make good his plea, he shall recover of the defendant his reasonable damages for the taking and detention of the goods and chattels and his costs. SEC. 9. If upon trial of the writ of replevin, the plaintiff shall make good his plea for part of the goods replevied, and shall fail to make it good as to the other part, he shall have judgment for his reasonable damages for the taking and detention of the part adjudged to be his, and his costs; and the defendant shall have judgment for a return and restoration, as provided in the seventh section of this chapter, for the goods and chattels adjudged to him with damages, to be estimated as provided in said section, according to the relative value of such part, and all the goods and chattels replevied, with or without cost at the discretion of the court; but the court before whom such trial shall be had shall in such case set off the damages recovered by each. SEC. 10. When 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 days after the return thereof; if on mesue process, until thirty 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 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 attachment. SEC. 11. 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, such creditor shall have the right to assume the defence of said suit upon indemnifying the officer against damages and costs therein, and the money recovered by way of damages by any such officer shall be deemed to be recovered to the use of the attaching creditor, and when received shall be paid over to him. SEC. 12. The writ of return and restoration shall be substantially as follows: The state of Rhode Island and Providence Plantations. [SEAL.] SC. To the sheriffs of our several counties, or to their greeting:in the county of deputies, Whereas lately replevied the following goods and chattels, viz.: (here enumerate and particularly describe them,) which county of of in our said had unlawfully taken, (detained or attached as the case may be,) as the said suggested, and caused the said to be summoned to appear before our court of common pleas (or supreme court) then next to be holden at within and for our said county of to answer unto said for such unlawful taking, (detaining or attaching, as the case may be,) on the Monday of And whereas to our said court at their said term, begun and holden as aforesaid, upon a full hearing of the cause of the taking, (detaining or attaching, as the case may be,) it appeared that the said taking, (detaining or attaching, as the case may be,) was lawful and justifiable; whereupon it was then and there by said court considered, that the same be returned and restored unto the said pleviable; and that the said irre recover against the said the sum of dollars, damages, for his taking the same by the said process of replevin, and his costs of defence, 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 the said and also that of within with twenty-five the goods and chattels and real estate of the said your precinct, you cause to be levied and paid unto the said the aforesaid sums, being in the whole cents more for this writ, together with your fees; and for want of such goods and chattels or real estate of the said to be by you found within your precinct to satisfy and pay the sums aforesaid, we command you to take the body of the said and him commit to our county jail in your precinct, therein to be kept until he pay the sums aforementioned, with your fees, or until he be discharged by the said or otherwise by order of law. Hereof fail not, and make true return of this writ and your doings thereon to our next court of common pleas (or supreme court) to be holden at in our said county of Monday of next. Witness, Esq., at the year this on the SEC. 13. Justices of the peace shall have power to issue writs of replevin where the goods and chattels to be replevied are of fifty dollars or less in value, if they were taken, attached or detained in the town in which the justice dwells who issues the writ. They are also empowered to try the same and to award execution therein, adhering in their proceedings, as near as may be, to the forms herein prescribed. SECTION 1. When two or more persons have and hold any estate, interest or property, whether real or personal, in common, as jointtenants, tenants in common, coparceners or joint owners, and one or more of the owners of such common property shall take, receive, use or have benefit thereof, in greater proportion than his or their interest therein, such owner or owners, his or their executors and administrators, shall be liable to render his or their account of the use and profit of such common property, to his or their fellow commoner or commoners, jointly or severally; and such the fellow commoner or commoners, or any or either of them, their executors or administrators, may and are hereby authorized to have his or their action of account against such receiver or receivers, or either of them, as his or their bailiff or bailiffs, for receiving more than his or their part or proportion as aforesaid. SEC. 2. Any defendant in such action may appeal to the next term of the supreme court to be holden in the same county, from a judgment of the court of common pleas against him that he shall account; but if no such appeal be prayed in open court, within two days next after such judgment, the same shall be final. SEC. 3. Upon rendering final judgment against the defendant in such action that he shall account, the court rendering the same shall appoint not exceeding three auditors; who, upon being sworn by said court or any justice of the peace or public notary, to a faithful and impartial discharge of their duties, shall appoint a time and place to meet the parties in said action, and to take the account as required in said judgment, and give notice thereof to said parties. SEC. 4. When any defendant shall unreasonably refuse or neglect to appear at the time and place assigned by said auditors, or after appearing, shall refuse or neglect to render an account, the auditors may award to the plaintiff the whole of his demand; and it shall be in the power of the auditors to administer an oath to the parties respectively, and to examine them respecting their accounts and the matters submitted to them; and upon either of the parties refusing to take an oath, truly to answer such questions as shall be asked, or to answer directly to the interrogatories put to him, it shall be in the power of the auditors to commit him to jail, there to remain at his own charge until he consent to take such oath, and answer such interrogatories. SEC. 5. When the auditors appointed in any case shall have made their report or award concerning the matters submitted to them, to the court from whence they shall have received their appointment, if no legal cause shall be shown for setting aside such award or report, judgment shall be rendered in conformity thereto, and also for costs, including such reasonable allowance to the auditors for their service as the court shall judge proper to make; and the said compensation to the auditors shall be paid down by the party in whose favor final judgment shall be rendered, before he shall have execution on said judgment. SEC. 6. A major part of the auditors appointed in any case, agreeing and signing said report or award, the same shall be equally binding and conclusive as if agreed to and signed by all of them: Provided, that it shall be necessary in order to give validity to such report or award, that all the auditors shall accept of their appointment, and meet on the subject-matter thereof. TITLE XXX. Of Crimes and Punishments. CHAPTER 210. Of offences against the sovereignty of the state. CHAPTER 212. Of offences against the person. CHAPTER 213. Of offences against the public peace, and property. CHAPTER 215. Of forging and counterfeiting. CHAPTER 216. Of offences against chastity, morality and decency. SECTION 1. Every person who shall be convicted of treason against this state by levying war against the same, or by adhering to the enemies of this state, giving them aid and comfort, shall be imprisoned during life. SEC. 2. If any person shall have knowledge of the commission of treason against this state by levying war against this state, or by adhering to the enemies of the state, giving them aid and comfort, and shall conceal the same, and shall not as soon as may be, disclose and make known such treason to the governor or to some magistrate, such person shall be deemed guilty of misprision of trea |