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SECTION

21. Town treasurer to give bond. 22. Town officers to be engaged.

23. Town meeting, Jamestown and Coventry, when holden.

SECTION

24. Wardens, &c., in Providence, when to be elected.

It is enacted by the General Assembly, as follows:

SECTION 1. The electors in each town shall annually, on their town election days, choose and elect so many town officers as by the laws of this state are or shall be required; that is to say, a moderator to preside in all the meetings of the town, and a town clerk, a town treasurer, a town council, to consist of not less than three nor more than seven members, a town sergeant, a town sealer of weights and measures, one or more auctioneers, such a number of assessors of rates and taxes as may be deemed necessary, provided that the number be not less than three nor more than seven, one or more collectors of taxes, one or more packers of fish, a pound keeper, a sealer of leather, and so many constables, overseers of the poor, surveyors of highways, viewers of fences, guagers of casks, and all such other officers as each or any town shall have occasion for, including persons to superintend the building of chimneys and placing of stoves and stove pipes.

SEC. 2. Justices of the peace chosen by any town shall be chosen at the time of electing town officers, and shall hold their offices for one year. The town clerk shall forthwith make a return of the justices so chosen to the governor; if not re-elected, they may continue to officiate for twenty-four days after the time for electing such officers in any town, and no longer; and if re-elected, may continue to officiate for the same number of days, without taking any new oath of office.

SEC. 3. If a vote by ballot be demanded in the election of a moderator or town clerk, a separate vote shall be taken in each case. Before the election of members of the town council or justices of the peace is begun, at the annual town meeting, the electors shall first determine the number of such officers to be elected. The members of the council shall be chosen next in order after the election of town clerk; and in choosing them, the vote, whether by ballot or otherwise, shall be taken for the whole number at the same time; and if by ballot, the names of all the persons voted for by any one elector shall be placed upon one piece of paper. The justices of the peace shall be next chosen, and in the same manner; but the ballots for the members of the town council, justices of the peace, and for any other officers, may be delivered to the moderator at the same time, if so ordered by the town. In the city of Providence, the number of justices of the peace to

be elected shall be fixed by the city council; and the voting therefor shall be conducted in all respects as is prescribed by law for the voting for senators and representatives in said city.

SEC. 4. In case of a ballot for members of council, or justices of the peace, the names shall be numbered upon the ballots, and in counting them the places numbered shall be considered as separate places.

SEC. 5. If on the day of annual election of town officers any town shall fail to make an election of town clerk, council, justices of the peace, or treasurer, the meeting may be adjourned for the purpose of completing the election of those officers, but of no others, from day to day, not exceeding three days beyond the first day of meeting. In case any town shall on the day of any such annual election fail to elect any of the officers which they may lawfully choose, except town clerk, council, justices of the peace, and treasurer, the said officers shall be elected by the town council of the town at their next meeting; and the several towns shall have full power to delegate to their respective councils the election of any of the officers which such town may lawfully choose, except town clerk, council, justices of the peace, and treasurer.

SEC. 6. All town officers shall hold their offices until the next annual election of town officers, and thereafter until their successors shall be qualified by law to act; unless in cases in which it is herein expressly provided to the contrary. When a vacancy shall occur in any office by death, removal out of the town, or resignation, the town council may fill the same until the next town meeting.

SEC. 7. The major part of the persons elected members of any town council shall be a quorum; and a majority of the members present at any legal meeting may determine any matter legally before them.

SEC. 8. The council of each town shall have full power to manage the affairs and interests of such town; to determine all such matters and things as shall by law come within their jurisdiction, and to administer all necessary oaths.

SEC. 9. Every town council is hereby authorized and empowered to make and publish such ordinances and by-laws relative to the breaches of the Sabbath day, and relative to drunkenness in their respective towns, as they may think proper; and to inflict penalties for the breach thereof: provided, that such penalty shall in no case for any one offence exceed the sum of twenty dollars: such penalties shall be forfeited to the use of the said towns respectively; and shall and may be

recovered by action of debt, in any court of competent jurisdiction: provided, however, that such ordinances or by-laws shall not be contrary to the laws of the state.

SEC. 10. Every ordinance and by-law passed by a town council in pursuance of the provisions of the section next preceding, shall be immediately published in some newspaper printed in such town, if there be one; if not, then the town clerk shall set up in at least three public places certified copies thereof.

SEC. 11. Each town council is hereby authorized to make laws and regulations for the settling the assize of baker's bread in its respective town; provided the same be not repugnant to the laws of the state; and the penalty for any breach of the same shall not exceed five dollars, or the forfeiture of the bread not made conformable thereto.

SEC. 12. In every case where bonds are required by law to be given to any town council, they may be given to the said town council by name as such, without naming the individuals at the time constituting such council, and be sued in like manner. And no person shall be held disqualified as a witness in any such suit by reason of his being a member of the town council to whom the bond was given.

SEC. 13. The town clerk shall be clerk of the council: but whenever any town clerk shall not appear at the time and place appointed for the meeting of the town council, such town council may appoint a clerk, pro tempore, who, after being duly engaged, shall do and perform all the duties enjoined by law on the town clerk as clerk of the council.

SEC. 14. The town clerk of any town, by and with the approbation of the town council, may appoint a deputy whenever such appointment shall be rendered necessary by the sickness of the town clerk, or when he is otherwise compelled to be absent from his office; such deputy, so appointed, shall perform all the duties which are incumbent on the town clerk; being thereunto qualified by taking the oath of office, as required by law.

SEC. 15. Any town clerk appointing a deputy as aforesaid shall be responsible for the good conduct of the deputy; and shall have good right to take bond with surety in such penalty as he may require, conditioned for the faithful discharge of the duties of the office during the time which he shall exercise the same; and such clerk may revoke such appointment and cancel such bond at his discretion.

SEC. 16. The town council of any town, whenever it shall satisfactorily appear to them that the town clerk is disquali

fied, from any cause whatsoever, to exercise and perform the several duties of said office, may and shall appoint a clerk, pro tempore, who shall be duly qualified as aforesaid, and shall be authorized to perform all the duties of town clerk, until such disability of the town clerk is, in the opinion of the town council, removed, or until a town clerk may be legally appointed by the town.

SEC. 17. Whosoever shall be legally chosen to the office of surveyor of highways, and shall refuse to serve therein, shall forfeit and pay the sum of five dollars, to and for the use of the town; to be levied and collected upon conviction, by a warrant of distress from any justice of the peace of such town, directed to the sheriff of the county or his deputy; and no person shall be obliged to serve in said office oftener than once in four years. And if any surveyor of highways shall not signify his acceptance of his said appointment to the town clerk of said town within twenty days after his election, the town council shall appoint another surveyor in said district.

SEC. 18. Whosoever shall be legally chosen to the office of town sergeant, overseer of the poor or assessor of taxes, and shall refuse to serve therein, shall forfeit and pay seven dollars, to and for the use of such town; to be levied and collected upon conviction, as provided in the section next preceding; and no person shall be obliged to serve in either of said offices oftener than once in seven years.

SEC. 19. Each town sergeant shall be obliged, at the time of his being sworn into office, to give bond with sufficient surety or sureties, to the town treasurer of the town in which he belongs, in the sum of seven hundred dollars; and each and every constable at the time of his being sworn into office, shall in like manner be obliged to give bond with sufficient surety or sureties, in the sum of three hundred dollars; which bonds shall be conditioned for the faithful performance of their respective offices; each and every collector of taxes shall give bond with sufficient surety, to the town treasurer of the town for which he is chosen, in such sum as the said town or the town council of said town may appoint, not exceeding double the amount of the tax with the collection of which he shall be charged, for the faithful performance of such trust.

SEC. 20. In case of the death, resignation or removal of any collector of taxes, the collector who may be appointed to complete the collection thereof shall have the same power and right to collect the same as are by law given to the collector first appointed.

SEc. 21. Each town treasurer shall be obliged before he

shall proceed to discharge the duties of said office, to give bond with sufficient surety or sureties, to the town for which he is appointed, for the faithful discharge of the duties of said office, in such sum as shall be ordered by the town or town council of such town; and all actions on such bond shall be brought in the name of the town in its corporate capacity.

SEC. 22. Every person elected to any town office shall take the following engagement before he shall act therein: You do solemnly swear, (or affirm,) that you will be true and faithful unto this state, and support the laws and constitution thereof, and the constitution of the United States; and that you will well and truly execute the office of

for the ensuing year, or until another be engaged in your room, or until you be legally discharged therefrom: so help you God; (or this affirmation you make and give upon peril of the penalty of perjury.)

SEC. 23. The town meeting of Jamestown, for choosing town officers, shall be holden on the same day, in the month of April annually, on which by law they shall meet to vote for general officers; and the town meeting of the town of Coventry for the purpose aforesaid, shall and may be holden on the first Monday of June annually.

SEC. 24. Wardens and ward clerks in the city of Providence shall be elected on the second Wednesday in May in each year, and shall hold their offices until others shall be elected and qualified by law to act in their places. They shall be sworn as other town officers are required to be.

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It is enacted by the General Assembly, as follows:

SECTION 1. In addition to the auctioneers appointed by the electors of any town in town meeting, the town council

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