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CHAPTER 437.

(2322]

AN ACT IN AMENDMENT OF SECTION 7 OF CHAPTER 97 H 652 A.

OF THE GENERAL LAWS, ENTITLED “OF THE CON- Approx2.1923.
STRUCTION, IMPROVEMENT, AND MAINTENANCE OF
STATE ROADS AND BRIDGES.'

It is enacted by the General Assembly as follows:

SECTION 1. Section 7 of chapter 97 of the general laws, entitled “Of the construction, improvement, and maintenance of state roads and bridges," is hereby amended so as to read as follows:

“Sec. 7. Said board, on behalf of the state of State board of Rhode Island, at any time, or from time to time, in may dalainland order to relocate, regrade, straighten or improve any poses. main highway, may take land, or may build upon the lines of any public highway not upon the state highway system if it shall result in shortening the distance as compared with the distance measured upon that portion of the state highway which is relocated; or, if in the opinion of the board, more suitable lines, grades or safety may be secured. Within six months scription and after said board has voted to take any land as afore- taken. said, said board shall file in the office of the recorder of deeds, or town clerk, in the city or town where such lands are situated a description of such land and also a plat thereof, and a statement that such land is taken pursuant to the provisions of this chapter, which description, plat and statement shall be signed by three members of said board, and upon the filing of such description, plat and statement the title in fee simple of such land shall vest in the state of Rhode Island; and after the filing of such descrip- Notice of tion, plat and statement, notice of the taking of such land to be land shall be served upon the owners and persons

highway pur

To file de

plat of land so

taking of such

served, how.

scription and statement to be published in newspaper.

Same subject. having an estate in or who are interested in such

lands, by any sheriff or deputy sheriff for the county in which such land is situated, who shall leave a true and attested copy of such description and statement with each of said persons personally, or at their last and usual place of abode in this state with some person living there, and in case any of such persons are absent from this state and have no last and usual place of abode therein occupied by any person, such copy shall be left with the person or persons, if any, in charge of, or having possession of, such land taken of such absent persons, and another copy thereof shall be mailed to the address of such absent persons, if the same is known to the officer serving such notice; and after the filing of such description and statement, the said board shall cause a copy of such

description and statement, to be published in some Copy of de

newspaper published in the county where said land may be located at least twice a week for three successive weeks; and if any party shall agree with said board for the price of the land so taken, or for the value of his right or interest therein, the same shall be paid to him forthwith, upon the order of said board, by the general treasurer, out of any funds

available therefor. Any owner of, or any person owner, etc., not entitled to any estate in, or interested in, any part of

the land so taken who cannot agree with said board for the price of the land so taken, or of his right or interest therein, may, within three months after personal notice of said taking, or, if he have no personal notice, may within one year from the filing of the description and statement aforesaid, apply by petition to the superior court in the county of Providence, or to the superior court for the county in which said land may be situated, setting forth the taking of his land and praying for an assessment of damages by a

Payment for land so taken.

What action may be had by

price for land so taken,

jury. Upon the filing of such petition, said court Same subject. shall cause twenty days' notice of the pendency thereof to be given to said board by serving the chairman thereof with a certified copy thereof, and may proceed, after such notice, to the trial thereof, and such trial shall determine all questions of facts relating to the value of such land and the amount thereof, and such case and the verdict of the jury shall be subject to all rights of exception, of motions or petitions for new trial, and of appeal, as are now provided by law, and upon the recovery of final judgment, execution shall be issued therefor and shall be forthwith paid by the general treasurer out of any

funds available therefor. In case any owner or any person having an estate or interest in such land shall fail to receive personal notice of the taking of such land, and shall fail to file his petition, as above provided, said court in its discretion, may permit the filing of such petition subsequent to said period of one year from the filing of such description and statement: Provided, such person shall have had no actual knowledge of the taking of such land in season to file such petition; and provided, the state shall not have paid any other person or persons, claiming to own such land, the value thereof, or be liable to pay for the same under any judgment rendered against said board under the provisions of this chapter. Any portions of the existing highways Certain abanwhich are abandoned when a relocation is made of a of highways to constructed state road or of an unconstructed road on from state the state system, upon such abandonment are thereby system. removed from the state highway system.”

SEC. 2. This act shall take effect upon its passage, and all acts and parts of acts inconsistent herewith are hereby repealed.

be removed

highway

CHAPTER 438.

[2323]

H 668.
Approved
May 12, 1923.

AN ACT RELATING TO CERTIFICATES OF HONORABLE

DISCHARGE.

Certificate of honorable dis

or marine may be recorded, where,

It is enacted by the General Assembly as follows:

SECTION 1. A certificate, of the honorable dissoldier , sailor charge of any soldier, sailor or marine from the

military, naval or marine service of the United States, may be recorded in the office of the town clerk or the city clerk, except in the city of Providence, where the discharge shall be recorded in the office of the recorder of deeds. It shall be the duty of the town clerk or the city clerk, or the recorder of deeds, in the city of Providence, to record any such certificate

upon presentation thereof without the payment of oferecord come any fee. For any purpose for which such original Sieu of original. honorable discharge may be required in the state of

Rhode Island, a certified copy of such record shall be deemed sufficient and shall be accepted in lieu thereof.

SEC. 2. This act shall take effect upon its passage.

CHAPTER 439.

[2324]

H 679.
Approved
May 12, 1923.

AN ACT CHANGING THE NAME OF THE PENAL AND

CHARITABLE COMMISSION TO THE STATE PUBLIC
WELFARE COMMISSION.

State public welfare com

It is enacted by the General Assembly as follows:

SECTION 1. The penal and charitable commission, mission, penal created under the provisions of chapter 413 of the

general laws, shall hereafter be known as the "state public welfare commission,” and wherever, in any general law, public law, or resolution of the general

commission to be known as.

assembly, or in any document, record, instrument, or
proceeding authorized by any such law or resolution,
unless the context or subject matter otherwise requires
the words “penal and charitable commission," or any
reference to such commission appear, such words or
reference shall be construed to mean the state public
welfare commission.
SEC. 2. This act shall take effect upon its

passage and all acts and parts of acts inconsistent herewith are hereby repealed.

CHAPTER 440.

[2325]

AN ACT IN AMENDMENT OF SECTION 5 OF CHAPTER 416 H 946 A.

OF THE GENERAL LAWS, ENTITLED “OF SALARIES May 12, 1923.
AND CLERICAL ASSISTANCE AND OF APPROPRIA-
TIONS," AND OF ALL ACTS IN AMENDMENT THEREOF
AND IN ADDITION THERETO.

It is enacted by the General Assembly as follows:

ance for the

SECTION 1. Section 5 of chapter 416 of the general laws, entitled “Of salaries and clerical assistance and of appropriations,” is hereby amended so as to read as follows:

“Sec. 5. The general treasurer is authorized and Annual approempowered to employ in his office such clerical clerical assistassistance as he may require in the discharge of his freasurer. duties as general treasurer at an annual expenditure of ninety-five hundred dollars, which sum shall be annually appropriated for such purpose, provided, that the compensation paid to any one person hereunder shall not exceed the sum of three thousand dollars per annum; and the state auditor is hereby directed to draw his orders upon the general treasurer

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