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one general-treasurer; and the freemen at said townmeetings in April may put in their votes for such officers, as well as for a governor, lieutenant-governor and senators.

Sec. 14. And for the better regulating the several townmeetings to be holden on the third Wednesday in April annually :

Be it further enacted, That the moderator of each town- Voting meeting in this State shall receive all the votes of the regulated. freemen legally qualified, and no other person shall receive any votes on that day; and that no person shall vote for general officers until the choice of representatives be over, and then the freemen shall, one by one, in their own proper persons, deliver their votes to the moderator, who shall forthwith publicly declare the name of the person voting, and shall cause the town-clerk to enter and keep a fair register of the names of all persons who shall vote for general officers; and that the town-clerk shall, before the sealing up of the votes, carefully compare them with the list he hath taken, and return a true and exact copy of the same to the next succeeding general election; certifying also what number of votes were put in for each of the candidates for the office of governor; and that the Town said original list shall be lodged in the town-clerk's office, clerks to

give copies and copies thereof shall be granted to any freeholder in

of the list this State who shall desire the same, paying therefor as of persons

the town voting, if for other copies taken out of said office; and the townclerk shall examine the records for any freeholder desiring the same, and certify the estate or qualifications of Also cerany of the persons who voted or put in their votes in said tificates of

the qualielection, being paid therefor by the person desiring the fication of same, as for searching the records and granting certifi- voters. cates upon any other occasion: and that if any town-clerk shall wilfully neglect or refuse to do his duty herein, he Penalty shall forfeit and pay the sum of sixty dollars, and shall, for resu:upon conviction thereof, upon a bill of indictment, be rendered incapable for ever thereafter of sustaining any office in this State : and that all the aforementioned forfeitures in this act may be recovered by an action in any court of record in this state proper to try the same; one half whereof shall be to and for the use of him who shall inform and sue for the same: Provided always, that all Forfeitprosecutions for any forfeitures accruing under this act, , shall be commenced within one year next after such forfeiture shall have accrued, and not afterwards.

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Manner of Sec. 15. And be it further enacted, That every person voting.

who shall vote for general officers, shall have his name written at length on the back of his vote, at the time of delivering in the same; and that the names of all the of

ficers voted for, shall be put upon one single piece of paVotes to

per; and all votes so taken shall be in open town-meetbe sealed up and de- ing sealed up by the town-clerk, and by him delivered to

a senator or one of the representatives of such town, and the gove

shall be by him delivered to the governor, or in his absence to the lieutenant-governor, in open assembly, be

fore the election proceeds. Officers to Sec. 16. And be it further enacted, That all business of

the annual general election shall be done and transacted in grand commit. by the general assembly in grand committee, and not in

separate houses.

Sec. 17. And be it further enacted, That all general offi

cers shall take the following engagement before they act Oath of in their respective offices, to wit: You - being general of

by the free vote of the freemen of this state of Rhode ficers,

Island and Providence Plantations, elected unto the place of —

do solemnly swear (or affirm) to be true and faithful unto this State, and to support the constitution of the United States; that you will faithfully and impartially discharge and perform all the duties incumbent on you in your aforesaid office, according to the best of your abilities and understanding, according to law : so help you God! or this affirmation you make and give upon peril of the penalty of perjury.

Sec. 18. And be it further enacted, That no person shall Qualifications of be elected to the place of a representative in the generepresen- ral assembly of this State, unless he be a freeholder in the tatives,

town for which he shall be elected, and a freeman and Number of inhabitant of the same; and that the respective towns represen shall elect their number of representatives, as stated in tatives.

the charter, at the aforesaid town-meetings in April and

August; and that the town-clerk of each town shall issue To be notified of his warrant to the town-sergeants, or any constable of said their elec- town, to warn such representatives as shall be from time

to time chosen in each town, to attend the general asAnd their sembly for which they are chosen; and shall make renames re- turn of such representatives chosen as aforesaid to the turned to the Secre- secretary for the time being, on the first opening of the

assembly, by giving a copy of the record to one of the Penalty representatives, upon the penalty of twenty dollars, to

be recovered by the general-treasurer for the use of the

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State; and that any representative to whom the copy of the record shall be delivered, be under the same penalty, upon neglect of returning the same : Provided however, Senator or That if any senator or representative in the general as- tetives en sembly of this State, shall be appointed to any office un- cepting of

fice under der the government of the United States, and shall accept the U.S. of the same, after his election as such senator or repre. seat to be sentative, his seat shall thereby become vacated. Pro- vac vided nevertheless, That nothing in this act shall be con- Proviso. strued to prohibit the freemen from electing any person who is duly qualified to hold a seat in the legislature, and who at the time may hold an office under the government of the United States, and who at the time of his taking the oath of office in the legislature, shall have resigned the same; provided he shall declare the same on oath if required.

Sec. 19. And be it further enacted, That every person who shall be chosen to the place of a representative, shall · take the following engagement before he shall act therein: You being chosen to the place of represen- Represen

tatives' tative in the general assembly, do solemnly swear (or bath. affirm) that you will be true and faithful to this State of Rhode Island and Providence Plantations; that you will support the constitution of the United States, and that you will faithfully and impartially discharge the duties of your aforesaid office, to the best of your abilities and understanding: so help you God! or this affirmation you make and give upon peril of the penalty of perjury. .

Sec. 20. And be it further enacted, That if any person Represen. shall be elected a representative, to serve at the session fusing to of the assembly to be holden in May or October, and serve, a shall refuse to serve at the session for which he was meeting to chosen, and shall declare the same to the town-clerk of be called the town where he was chosen, then and in such case the er chogen town-clerk shall issue a warrant to warn the freemen of such town to meet together and choose another repre. sentative, in the place of him who shall so refuse.

Sec. 21. And be it further enacted, That whenever it shall Represen. happen that any representative of any town in this State ing or reshall die, or remove out of the State between the time moving

out of the of being chosen and the session of assembly to which State, anhe was chosen, or after he shall have taken his engage- oth

chosen, ment, and attended the session of assembly to which he was chosen, then, and in such case, the town by whom such representative was chosen shall forthwith proceed

town

shall refuse toy to be holden in M serve at the session tativesen,

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to elect another representative, to serve in the room of him who shall have died, or removed out of the State as aforesaid, in the same manner as is before directed, in

cases of refusal to serve after being chosen. All officers Sec. 22. And be it further enacted, That every officer to be com- chosen by the general assembly shall be commissioned missioned.

by the governor, under the seal of the State, and shall, before he enters upon the duties of his office, take an engagement before a senator, judge or justice of the peace, faithfully to discharge the same, which shall be certified

upon his commission by the officer administering the oath Rechosen, or affirmation aforesaid : Provided however, That each offito be

incer hereafter rechosen by the general assembly, under

the same governor who cominissioned him, shall take commis

the engagement aforesaid every time he shall be so resion, &c.

chosen, which shall be certified upon his commission as aforesaid, and that thereupon he shall be authorized and empowered to discharge his said office as fully as if a

new commission had been issued. A Sheriffs, Sec. 23. And be it further enacted, That every sheriff &c. not and justice of the peace, who shall not be re-elected or rechosen

i continued in office at the general election, shall be emate as such powered to officiate in their respective offices, and to exone week 1

ercise all the powers and functions thereto belonging, election. during the space of one week after the first Wednesday

of May, unless the persons respectively chosen in their

places shall be sooner qualified to act.., Officers

Sec. 24. And be it further enacted, That all officers of anrechosen nual appointment who shall be re-elected, shall be aumay act for ten thorized to exercise the functions of their respective offidays, &c. ces for ten days after such re-election, without taking any

new valli 01 Ounce.
new oath of office.

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Sec. 25. And be it further enacted, That during the day
No free
man to be

on which any town-meeting shall be holden for the choice arrested of town or general officers, or representatives to conon town

gress, or electors of president and vice-president of the meeting

United States, no inhabitant of any town who is entitled to vote therein shall be liable to arrest on any civil process whatever,

m

after the

day.

An Act to provide for the performance of the duties of the Gov- 1663, 96,

1738, 39, ernor in certain cases, and also for regulating the sitting of '44, 48, the General Assembly.

'57, '59, '62, 76,

77, '84 SECTION 1. Be it enacted by the General Assembly, and by '98, 1805, the authority thereof it is enacted, That whenever hereafter 19; 129: the office of governor shall be vacant, by reason of no Who shall election being made by the freemen, or by the governor's officiate in

1 case of the death, or resignation, or in case of his absence from the State, or inability to perform the duties and functions of nor’s death his office, the lieutenant-governor, for the time being, be and he is hereby authorized, during such vacancy, absence or inability, to perform and execute all the functions and duties which are by law to be performed and executed by the governor; and that in like manner, in case of the death, resignation, absence or inability of both the gov. ernor and lieutenant-governor, the senior senator in rank, for the time being, be and he is hereby authorized to perform and execute all the functions and duties which are by law to be performed and executed by the governor: Provided nevertheless, That all officers rechosen dur- Proviso. ing such vacancy, absence or inability, shall take the engagement prescribed by law, which shall be certified upon their respective commissions, by the magistrate administering the same; and that thereupon they shall be and hereby are authorized to take and discharge their respective offices as fully as if new commissions had issued. Sec. 2. And be it further enacted, That when any emergent Governor,

"&c. may occasion shall require an assembly to be called, at any call the other time than is expressly prescribed by law, the gov- as

" in cases of ernor, or officer executing the duties of governor pursu- emergene ant to the preceding section, shall be and he is hereby cy. fully authorized and empowered to issue his warrant to the sheriff of each county, requiring him, in the name of the State, to warn every member of the general assembly within his county, to appear at the time and place mentioned in such warrant, to hold a general assembly; which place shall be set forth in such warrant, to be in the county where the assembly was last holden, unless in Where to

be holden, the opinion of the governor, or other officer executing the duties of governor as aforesaid, it shall be unsafe for the members there to be convened. Sec. 3. And be it further enacted, That during the session Senate,

how conof the general assembly, the governor, lieutenant-governor and senators shall sit apart from the representa- &c.

stituted

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