Chapter 300

Chapter 300

2003 -- S 0469

Enacted 07/17/03





     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: February 13, 2003



It is enacted by the General Assembly as follows:


     SECTION 1. Section 34-18-48 of the General Laws in Chapter 34-18 entitled

"Residential Landlord and Tenant Act" is hereby amended to read as follows:

     34-18-48. Execution. -- If no appeal is claimed, and if the judgment has not been

satisfied, execution shall be issued on the sixth (6th) day following judgment. Executions shall be

issued only to the sheriff or constable of the county where the premises are situated. and he or she

shall execute the mandates therein contained within five (5) days of its issuance. If the sheriff or

constable fails to execute the mandates within the prescribed time, the sheriff or constable shall

appear before a justice of the court issuing the execution at the regular session of court next

following five (5) days to show cause why the mandates of the execution have not been carried

out. Every execution issued by any district court pursuant to this chapter shall not expire after the

five (5) day period but shall continue in full force and effect for one year after the date thereof,

and be returnable to the district court which issued it in accordance with the provisions of section

9-25-21. All costs including reasonable moving costs incurred by the sheriff or constable in

carrying out the mandates of the execution may be added to the execution by the clerk upon

approval of the court upon presentment of evidence of the costs.

     SECTION 2. This act shall take effect upon passage.