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CHAPTER 541.

1923.

[2426) AN ACT IN AMENDMENT OF AN ACT, ENTITLED “AN H 602.

Approved ACT TO INCORPORATE THE MANVILLE FIRE DIS- Ma TRICT, PASSED AT THE MAY SESSION, A. D. 1891, AND ALL ACTS IN AMENDMENT THEREOF OR IN ADDITION THERETO.

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It is enacted by the General Assembly as follows:

SECTION 1. An act, entitled “An act to incorporate the Manville Fire District," passed at the May session, A. D. 1891, as amended by an act passed at the January session, A. D. 1893, by chapter 1644 of the public laws, passed at the January session, A. D. 1908, and by chapter 1168 of the public laws passed at the January session, A. D. 1914, is hereby amended so as to read as follows:

"Section 1. All that part of the village of Man- Manville Fire ville, in the town of Lincoln, beginning at the middle boundaries of. of the Crookfall river at the westerly line of the Providence and Worcester Railroad Company's land; thence southerly following said westerly line of said railroad company's land for a distance of 2,700 feet, measured on said westerly line of railroad land; thence turning at the right angles and running in an easterly direction to the dividing line between the towns of Cumberland and Lincoln; thence southerly following said town line to a point in the range of the northerly line of land now or formerly of Anna Gulley, said point being about opposite station 638 plus 85.76 of the centre line of said railroad company; thence running westerly in the range of said northerly line of said Gulley land to the westerly line of said railroad company's land; thence southerly following said westerly line of said railroad company's land until it comes to the northerly line of the

(concluded).

Boundaries of Valley Falls Company's land, in the town of Lincoln;

thence running westerly following the direction and with said northerly line of said Valley Falls Company's land to the middle of the Back or River road (so-called); thence southerly with the middle of said Back or River road until it comes to a point opposite the dividing line between the land now or formerly of the heirs of Russel Handy and others, and land of Arnold Mann; thence westerly and following the line of said line of heirs of Russel Handy, and others, until it comes to a large boulder, a corner of land of the heirs of Stafford Mann; thence in a northwesterly direction to the bridge across the Crookfall river at the road leading from Providence to Worcester near the residence formerly of Augustus M. Aldrich, deceased; thence following said Crookfall river to the place of beginning, is hereby incorporated into a district to be called the "Manville

' Fire District." Said district may have a common seal, sue and be sued, purchase and own property of any description in furtherance of the object for which it is incorporated, and enjoy the other powers generally incident to corporations, and shall be subject to the provisions of chapter 152 of the public statutes, and all acts in amendment thereof or in

addition thereto. Who eligible

“Sec. 2. The taxable inhabitants of said district qualified to vote in town affairs on propositions to impose taxes or for the expenditure of money, shall be eligible to vote and act in all meetings of the corporation. Provided, however, that such inhabitants who are not taxed on real estate in the town of Lincoln must have paid their taxes to the fire district not less than ninety-six hour's previous to the time specified for the meeting at which they desire to vote.

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Powers of.

to vote in meetings of.

meeting of.

"Sec. 3. There shall be an annual meeting of said Anering corporation on the third Tuesday in December of each and every year, for the purpose of electing officers, ordering taxes and providing for assessing and collecting the same, enacting by-laws and transacting such other business or adopting such measures, consistent with this charter, which the qualified voters at said meeting shall deem beneficial to the fire district. And in order to bring before the annual meeting any measure pertaining to the fire district it shall not be necessary that the purpose of the meeting be specified in the notice or notices posted to call said meeting. All meetings of said corporation shall be called by the clerk, or in the event of his death or inability, by the moderator, by posting notices not less than fourteen days before each meeting and in eight public places within the district, setting forth the time and place at which such meeting is to be held.

“Sec. 4. Special meetings of said corporation Special shall be held for purposes pertaining to the fire district, provided an application in writing be made to the clerk of the corporation by all the fire wardens or by twelve or more qualified voters of said fire district, setting forth specifically the whole purpose of the desired meeting. It shall thereupon be the duty of the clerk (or in case of his death or inability, of the moderator), to issue notices of the proposed meeting in the manner prescribed in section 3, which notices shall specify the subject to be acted upon, mention the names of the fire wardens, or of not less than twelve inhabitants who shall have applied for the holding of said meeting, and be signed by the clerk or by the moderator of the corporation.

“Sec. 5. The officers of the fire district shall consist of: A moderator, a clerk, a treasurer, a tax

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of officer.

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collector, 3 assessors of taxes, 2 auditors, 5 fire wardens, 1 chief marshal of the fire department, and 1 assistant chief marshal; and said officers, with the exception of the assistant chief marshal, shall be elected by the qualified voters at the annual meeting of the fire district, to remain in office until the next annual meeting or the election of their successors. The assistant chief marshal shall be chosen by the

board of fire wardens, at the suggestion of the chief Impeachment marshal. Any officer who shall neglect his duty

may be impeached by a two-thirds vote of the voters of the district present at the meeting at which such vote is taken. All vacancies occurring by reason of the death, incapacity, or the retirement of any officer other than the assistant chief marshal, may be filled at a special meeting of the district called for that purpose; provided, however, that any vacancy occurring within the two months preceding the annual meeting shall be filled by a majority vote of the board of fire wardens.

“Sec. 6. The moderator shall preside at all annual and special meetings of the fire district which shall have been called by proper notice; and at such meetings he shall conduct the proceedings, decide all discussions according to law, and have command over all the records of the clerk, of the treasurer, and of the tax collector during such meetings. The rulings or decisions of the moderator at said meetings shall be binding upon the fire district; but, an appeal from his decisions or rulings may be taken by any qualified voter of said district to the superior court to be holden within the county of Providence.

“Sec. 7. Besides the powers given them by the voters of the district, a majority of the fire wardens in office may, in time of fire or conflagration, order such buildings to be pulled down or destroyed, as they

Moderator, duties of.

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shall judge necessary to check the progress of the fire, make such regulations or give such commands as they may deem proper, directing the inhabitants of the fire district to aid in suppressing disorder, tumult or panic, in protecting the lives of people, and in guarding property or removing the same to a place of safety. And for breach of any such order, Penalty for regulation or command of the fire wardens, the fire wardens. district may provide a penalty not exceeding a fine of $20.00 to be recovered for the use of said fire district, or imprisonment for a term not exceeding 30 days which penalty may be enforced by prosecution or complaint of any member of said board of fire wardens before the district court exercising jurisdiction over the territory included in said district.

"Sec. 8. Whenever a building or buildings shall Owner of have been pulled down or destroyed by order of the destroyed by majority of the fire wardens in time of fire as pro- reimbursed, vided in section 7, the owner thereof shall be reasonably indemnified or reimbursed to the full amount of the damage which he or she shall have suffered by reason of the destruction of his or her property, but only in the event that the destruction of said property shall have been directly caused by the order of the majority of the fire wardens and if the fire shall have stopped before reaching said building or buildings; it being expressly stipulated that no damage shall be paid by the fire district for the destruction of a building which shall already be afire at the time of its destruction. In case of dispute as to the Justice of amount of such damage or as to the justice of the be determined claim therefor, the justice of the claim and the amount of said damages shall be determined by the superior court to be holden within the county of

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when and how.

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