§ 10-13-27. Petition for discharge by prisoner unable to pay tort judgment.
Whenever any person shall have been imprisoned for six (6) months upon a writ of arrest, mesne process, execution, or upon surrender or commitment by bail in any action on any penal statute, actions sounding in tort, including actions for possession of land or trespass to land in which title to the land is not in dispute, or other civil action in which such person is not now entitled to his or her discharge, upon being admitted to take the poor debtor’s oath, the person so imprisoned may petition the justice of the district court in the county in which he or she is imprisoned, setting forth that he or she is detained in prison, the term of his or her imprisonment, the cause of his or her committal, and the name and residence of the person at whose suit he or she was committed, and that he or she is unable to pay the judgment upon which he or she is committed, and to pay his or her prison charges: provided, however, that any person who shall have been imprisoned as provided in this chapter upon a writ issued out of a district court or upon execution wherein the debt or damages and costs shall not exceed one thousand dollars ($1,000) may petition as provided in this chapter after ninety (90) days of imprisonment.
History of Section.G.L. 1896, ch. 261, § 4; C.P.A. 1905, § 1158; G.L. 1909, ch. 327, § 4; G.L. 1923, ch. 378, § 1; P.L. 1929, ch. 1331, § 12; G.L. 1938, ch. 564, § 1; G.L. 1956, § 10-13-27; P.L. 1965, ch. 55, § 56.
Structure Rhode Island General Laws
Title 10 - Courts and Civil Procedure – Procedure in Particular Actions
Chapter 10-13 - Relief of Poor Debtors
Section 10-13-1. - Application to take poor debtor’s oath.
Section 10-13-2. - Persons not entitled to take oath.
Section 10-13-3. - Citation to creditor to show cause against debtor’s oath.
Section 10-13-4. - Service of citation on creditor.
Section 10-13-5. - Citations to state as creditor.
Section 10-13-6. - Service of citation on attorney general.
Section 10-13-7. - Administration of oath — Assignment of estate.
Section 10-13-8. - Form of debtor’s oath.
Section 10-13-9. - Certificate of justice as to oath.
Section 10-13-10. - Discharge of prisoner.
Section 10-13-11. - Detainment for fees prohibited.
Section 10-13-13. - Second citation to creditor by debtor not admitted to oath.
Section 10-13-14. - Administration of debtor’s oath pending original action.
Section 10-13-15. - Citation to show cause against oath by defendant.
Section 10-13-16. - Service of citation.
Section 10-13-17. - Examination of defendant and administration of oath.
Section 10-13-18. - Effect of execution after debtor’s oath.
Section 10-13-19. - Application for oath after judgment and before commitment.
Section 10-13-20. - Service of citation.
Section 10-13-21. - Administration of oath.
Section 10-13-22. - Effect of execution after oath.
Section 10-13-23. - Certificate as to oath — Certificate of discharge.
Section 10-13-24. - Assignment for benefit of creditors upon administration of oath.
Section 10-13-25. - Party deemed creditor — Effect of executions subsequent to oath.
Section 10-13-26. - Adjournment of hearings.
Section 10-13-27. - Petition for discharge by prisoner unable to pay tort judgment.
Section 10-13-28. - Examination of tort debtor — Assignment of property — Administration of oath.