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lars; and no person after conviction of such offence shall ever after be permitted to exercise the privilege of voting for any civil or military officer.
Sec. 25. In the election of general officers, representatives to congress, and electors of president and vice-president of the United States, and when the vote is taken by ballot in the election of senators and representatives to the general assembly, the town meetings of the several towns, and the ward meetings in the city of Providence, shall be kept open for voting during the whole time of voting for the day. "Town and ward meetings for the election of general officers, senators and representatives to the general assembly, representatives to congress, and electors of president and vice-president of the United States, shall be opened at ten o'clock in the forenoon on the day of election ; and all town meetings for such elections, except in case of the election of senators and representatives to the general assembly where the vote is not taken by ballot, in any town having five hundred electors or upward, shall be kept open at least until five o'clock in the afternoon on said day; and in all towns having less than five hundred electors, shall be kept open at least until three o'clock in the afternoon on said day; and the ward meetings in the city of Providence, in all such elections, shall be kept open until eight o'clock in the evening, and no longer.
Sec. 26. If any moderator, warden, or person whose duty it is to receive votes, shall fraudulently receive any unlawful vote, or shall fraudulently reject the vote of any voter whose name is on the town or ward lists, he shall forfeit the sum of one hundred dollars for every offence, and be ever after disqualified from voting.
Sec. 27. If any person shall directly or indirectly give or offer, or agree to give to any elector, or to any person for the benefit of any elector, any sum of money, or other valuable consideration, for the purpose of inducing such elector to give in or withhold his vote at any election in this state, or by way of reward for having voted or withheld his vote, or if any person shall directly or indirectly accept or receive, or offer or agree to accept or receive any sum of money or other valuable consideration as an inducement to give in or to withhold his vote, such person so offending shall upon conviction thereof, be fined the sum of five hundred dollars, or be imprisoned not exceeding three months, or both, at the discretion of the court.
Sec. 28. If senators and representatives to the general assembly be voted for by ballot, the names of the candidates in any town voted for by any one elector, shall be written or printed on one ticket; and in all such cases where the voting is by ballot and in the election of general officers, representatives to congress and electors of president and vice-president of the United States, the christian and surname of the voter shall be written at length on the back of his vote.
Sec. 29. In all elections the votes shall be received by the moderator or warden, and by no other person; and the electors shall, one by one in their own proper persons, deliver their votes to the moderator or warden, who shall forthwith publicly declare the name of the person voting, and shall cause his name to be checked on the town or ward lists. The town and ward clerks shall keep a fair register of the names of all persons voting for general officers, representatives to congress and electors of president and vice-president of the United States; and shall before such votes are sealed up, carefully compare the votes with their lists so taken ; and on the copy of the list which at each election is forwarded to the general assembly, or to the officer by law designated to receive the same, they shall certify the number of votes for each of the candidates. The original lists shall be kept in the town clerk's office.
Sec. 30. In the city of Providence the ward clerks shall keep a fair registry of all persons voting for senator, representatives and justices of the peace, and shall deliver a copy thereof with the votes to the city clerk.
SEC. 31. At the close of each election, the moderator or warden shall return to the town or ward clerk, the corrected lists of those entitled to vote at such election ; which lists shall be by him placed on file in the town or city clerk's office, and there kept for at least one year.
Sec. 32. Any town or ward clerk who shall neglect to keep the registry, and any moderator, warden or town or ward clerk, who shall neglect to seal up and direct the votes, or to send the same with the lists, as herein before or by the constitution provided, and any town or ward clerk who shall knowingly keep a false or imperfect registry, and every moderator or warden, town or ward clerk, who shall knowingly seal up, direct and send a part only of the votes, or with false or imperfect lists, shall be fined not less than one hundred dollars, nor more than three thousand dollars, or be imprisoned not more than three years ; either or both, at the discretion of the court who shall try such offenders.
Sec. 33. If any town clerk shall necessarily be absent from his office between nine o'clock in the forenoon and
twelve o'clock at noon, or between two and five o'clock in the afternoon, of any day except Sunday, within thirty days next preceding any meeting held for the annual election of state or town officers, representatives to congress, or electors of president and vice-president of the United States, it shall be his duty to appoint a deputy clerk, according to the provisions of law in such case made, whose duty it shall be to attend the office during such absence, and perform all the duties thereof; and if any town or city clerk shall refuse or wilfully neglect to appoint a deputy as aforesaid, he shall forfeit the sum of one hundred dollars.
Sec. 34. All business of the annual general election shall be done by the general assembly in grand committee, and not in separate houses.
Sec. 35. If any town clerk shall neglect or refuse to furnish any member of the senate or house of representatives elect, with a proper certificate of his election, as soon as may be after his election, he shall be fined not less than fifty dollars, nor more than five hundred dollars, or be imprisoned not exceeding six months, either or both, at the discretion of the court trying such offender.
Sec. 36. If any person elected senator or representative shall, at any time between his election and the expiration of his term, refuse to serve, and shall declare the same to the town clerk of the town for which he is elected, or shall die, resign or remove out of said town, the town clerk shall forthwith issue his warrant for an election to fill such vacancy, unless a special election for that purpose shall be ordered by the house in which the vacancy happens.
Sec. 37. Every officer chosen by the general assembly, and every military commissioned officer shall be commissioned by the governor, and before he enters on the duties of his office shall take an engagement before a senator, judge, justice of the peace, public notary or town clerk, to support the constitution and laws of this state and the constitution of the United States, and faithfully to discharge the duties of his office, which shall be certified upon his commission by the person administering the engagement.
SEC. 38. All officers of annual appointment who shall not be re-elected or continued in office at the annual general election by the general assembly, may continue to officiate for the space of twenty-four days after the first Tuesday in May, unless their successors are sooner qualified to act. All such officers who may be re-elected, may continue to officiate for the same length of time without taking any new oath of office. Congressos, furnish Cicates and
Sec. 39. All persons entitled to vote shall be protected from arrest in civil cases on the days of election for the choice of city or town officers, and the election for state officers, representatives to congress, or the electors of president and vice-president of the United States; and on the day preceding and the day following such election.
Sec. 40. All fines and forfeitures provided by this act shall be to and for the use of the state, and shall, together with all other punishments herein prescribed, be enforced by indictment in the supreme court, or courts of common pleas: provided always, that all complaints for the same shall be made within one year after such fines, forfeitures and punishments have been incurred, and not afterwards.
Sec. 41. The secretary of state shall, at least ten days previous to the day of election of general officers, representatives to Congress, or electors of president and vice-president of the United States, furnish each town or ward clerk with printed forms of returns, certificates and directions, together with any advice he may deem necessary to secure proper returns.
SEC. 42. The following acts are hereby repealed: "an act in relation to the election of general officers," passed at May session, A. D., 1834.
"An act revising the act entitled an act regulating the manner of admitting freemen, and directing the method of electing officers in this state," passed at January session, A. D. 1836.
"An act to regulate the election of civil officers, and for other purposes therein mentioned," passed at January session, A. D., 1843; and the several acts in addition to, or in amendment thereof, and all other acts so far as inconsistent herewith : provided, that this repeal shall not be construed to revive any act, or part of an act, repealed by any of the acts mentioned in this section.
Sec. 43. This act shall take effect immediately after the rising of the general assembly.
An Act enabling Town Councils to grant Licenses for retail
ing Strong Liquors, and for other purposes.
Section 1. Town councils may grant licenses. 9. Bond required. 2. To tavern keepers, &c.; to temperance 10. Penalties how recovered. houses.
11. Indictment may be general in its terms. 3. Penalty for keeping tavern, &c., with- 12. Debt for liquor sold under a quart not
out license. 4. Penalty for retailing without license. | 13. License may be revoked. 5. Penalty for selling by dumb waiter. 14. Town clerk to make annual return to 6. Penalty for selling on board vessel, &c. general treasurer of licenses granted. 7. Licerise to specify person and place- | 15. Town council to pay over license molimitation of.
ney. 8. Licensed persons to maintain good or- 16. Town council to designate officer to
der-not to sell on Sunday-nor to prosecute for breaches. drunkards-nor suffer gaming.
It is enacted by the General Assembly, as follows :
SECTION. 1. The town councils of the several towns shall have power to regulate the retailing of ale, wines and strong liquors, and the keeping of taverns, ale houses, victualling houses, cook shops, oyster houses and oyster cellars, in their respective towns, by granting or refusing to grant licenses therefor.
Sec. 2. Town councils shall and may demand for licenses to be granted under this act, the following sums, to wit: for every license for keeping a tavern, ale house, victualling cellar, cook shop, oyster house or oyster cellar, with the right of retailing therein ale, wine and strong liquors, in quantities less than ten gallons, which may be drank therein, a sum not exceeding fifty dollars, nor less than twelve dollars. For every license to retail ale, wine and strong liquors, in quantities less than ten gallons, which may be drank in the building or room licensed, a sum not exceeding fifty dollars, nor less than twelve dollars. For every license to retail ale, wine or strong liquors by the quart or a greater quantity, not exceeding ten gallons, not to be drank in the building or room licensed, a sum not exceeding twenty-five dollars, nor less than ten dollars. For every license for retailing ale, wine and strong liquors, for medical purposes only, and not to be taken in the building or room licensed, a sum not exceeding twenty-five dollars. Licenses for keeping taverns, victualling houses, cook shops, oyster houses and oyster cellars, without the privilege of selling ale, wine or strong liquors therein, may be granted without compensation therefor, bond being taken as provided in the ninth section.
Sec. 3. If any person in any town shall open or keep open any tavern, ale house, victualling house, cook shop,