§ 10-5-32. Surety on defendant’s bond — Lien on surety’s real estate.
Whenever a member of the division of sheriffs shall take a bond for the release of goods and chattels attached on an original writ or a writ of mesne process, in which the ad damnum shall be more than one thousand dollars ($1,000), the bond shall be in the penal sum of the amount of damages stated in the writ, with some surety company authorized to do business in this state as surety, unless the defendant can furnish as surety a resident of the state satisfactory to the officer taking the bond, who is the owner of real estate in this state having a value over all incumbrances thereon, equal to the penal sum of the amount of damages stated in the writ. In case the owner of such real estate is accepted as surety, the bond shall contain a description of the real estate, so that the real estate may be readily identified in the records of land evidence of the city or town in which it is situated, and also a statement by the surety of the value of the real estate free from all incumbrances, and the description and the valuation shall be sworn to by the surety, and his or her affidavit shall be made a part of the bond. Before the goods and chattels are released, an attested copy of the bond shall be filed with the recorder of deeds, but if there is no recorder of deeds, then with a city or town clerk of the city or town in which the real estate is situated, and the copy shall be recorded in the same manner as copies of writs of attachment are recorded under the provisions of this chapter, and the bond shall be a lien upon the real estate described in the bond until the action in which the attachment was made is disposed of, or the bond is cancelled by the plaintiff, or by his or her attorney of record, or by order of a court of competent jurisdiction. The officer taking the bond shall be allowed a fee of one dollar and fifty cents ($1.50) for making a copy of the bond, and the fee for the copy, together with the fee for recording, shall be a part of the costs in the case. Any lien created by the provisions of this section may be established, foreclosed, and enforced by a civil action, which action may be heard, tried, and determined according to the usages in chancery and the principles of equity.
History of Section.G.L. 1923, ch. 351, § 29; P.L. 1927, ch. 1009, § 1; P.L. 1929, ch. 1430, § 1; G.L. 1938, ch. 547, § 23; G.L. 1956, § 10-5-32; P.L. 2012, ch. 324, § 23.
Structure Rhode Island General Laws
Title 10 - Courts and Civil Procedure – Procedure in Particular Actions
Section 10-5-1. - “Trustee” defined.
Section 10-5-3, 10-5-4. - Repealed.
Section 10-5-5. - Writ of attachment after filing of equitable complaint.
Section 10-5-6. - Writ in tort action against nonresident.
Section 10-5-7. - Classes of property named in writ.
Section 10-5-9. - Method of attaching real estate.
Section 10-5-10. - Value of goods attached.
Section 10-5-11. - Service of writ on defendant.
Section 10-5-12. - Custody of attached goods.
Section 10-5-13. - Defendant’s bond.
Section 10-5-14. - Reduction of damages before bond.
Section 10-5-15. - Filing of bond and delivery of property to defendant.
Section 10-5-16. - Surrender of attached goods on defendant’s bond.
Section 10-5-17. - Release of real estate on bond.
Section 10-5-17.1. - Discharge of sheriff’s bond for want of action.
Section 10-5-18. - Reduction of damages or partial release of property.
Section 10-5-19. - Attachment of corporate stock or trust estate.
Section 10-5-20. - Account rendered by corporate officer.
Section 10-5-21. - Filing of officer’s account — Certification.
Section 10-5-22. - Defendant’s bond on corporate stock or trust estate.
Section 10-5-23. - Release of stock or trust estate on acceptance of bond by officer.
Section 10-5-24. - Release of stock or trust estate by plaintiff.
Section 10-5-25. - Liens and claims on stock preserved.
Section 10-5-26. - Attachment of mortgaged personal property.
Section 10-5-27. - Sale of mortgaged property.
Section 10-5-28. - Proceeds of sale of mortgaged property.
Section 10-5-29. - Redemption of mortgage by plaintiff in attachment.
Section 10-5-30. - Defeat of attachment by failure to sell or redeem from mortgage.
Section 10-5-32. - Surety on defendant’s bond — Lien on surety’s real estate.
Section 10-5-33. - Inventory included in return of writ.
Section 10-5-34. - Subsequent attachments of other property.
Section 10-5-35. - Application to sell perishable property or property expensive to keep.
Section 10-5-36. - Sale of perishable property or property expensive to keep.
Section 10-5-37, 10-5-38. - Repealed.
Section 10-5-39. - Charges for attested copies restricted to charge for one person.
Section 10-5-40. - Attested copies on demand — Fee.
Section 10-5-41. - Time of attachment shown in return.
Section 10-5-42. - Appointment of receiver — Effect on attachment.
Section 10-5-43. - Prerequisites to dismissal of receivership.
Section 10-5-44. - Dissolution of attachment of real property for want of action.
Section 10-5-45. - Dissolution of attachment for failure to file complaint.
Section 10-5-46. - Dissolution of attachment of real estate after 20 years.