§ 9-25-9 - Form of superior court writs of possession.
SECTION 9-25-9
§ 9-25-9 Form of superior court writs ofpossession. – (a) Writs of possession issuing from the superior court shall be substantiallyin the following form:
THE STATE OF RHODE ISLAND AND PROVIDENCEPLANTATIONS.
SC.
To the sheriffs of our several counties or to their deputies,
(SEAL) Greeting:
Whereas of by theconsideration of the SUPERIOR COURT holden at did onthe dayof recoverjudgment for the possession of withthe privileges and appurtenances thereto belonging against of who hadunjustly withholden fromthe possession thereof, and also by the consideration of the same courtrecovered judgment against the said for thesum of costsof suit, as to us appears of record, whereof execution remains to be done: Wecommand you, therefore, that without delay you cause the said to havepossession of and in the said withthe privileges and appurtenances thereunto belonging. We also command you thatof the goods and chattels and real estate of the said , within yourprecinct, you cause to be levied and paid to the said theaforesaid sum of with 50cents more for this writ, and thereof also to satisfy yourself for your ownfees; [and for want of the goods and chattels and real estate of the said to befound in your precinct to satisfy and pay the same as aforesaid, we command youto take the body of the said and commitunto our correctional institution in your precinct, therein to be kept until pay thefull sum above mentioned, with your fees, or until bedischarged by the said orotherwise by order of law.]
Hereof fail not, and make true return of this writ and ofyour doings thereon to our superior court at on the day of A.D. .
Witness, the seal of our superior court at this day of in theyear ., Clerk.
(b) If an officer, serving an execution issued under thissection on a judgment for the plaintiff for possession of land or tenements,removes personal property belonging to a person other than the plaintiff fromthe land or tenements and places it upon the sidewalk, highway, street, or wayon which land or tenements abut, he or she may forthwith and before theexpiration of the time limited in any statute or ordinance for the removal ofobstructions in the street, remove the personal property and cause it to bestored for the benefit of the owners thereof.
(c) Whoever accepts the personal property on storage from theofficer shall have a lien thereon for reasonable storage fees and forreasonable expenses of removing it to the place of storage, but the lien shallnot be enforced by sale of the property until the property has been kept onstorage for at least thirty (30) days.
(d) If the owner of the property is present and claims itwhen it is so removed from the land or tenements, the officer shall not removeand store it, and his or her act of placing it upon the sidewalk, highway,street, or way shall be deemed to be the act of the owner, who alone shall beheld to answer therefor.