of every town are authorized, from time to time, to appoint so many more for their respective towns as they may deem expedient; to hold their offices until the next annual election of town officers in such town.

SEC. 2. Each auctioneer, whether appointed by the town or town council, shall be sworn as other town officers are required to be sworn; and shall give bond to the town treasurer with sufficient sureties, in a sum not exceeding ten thousand dollars, nor less than two thousand dollars, at the discretion of the said town treasurer, conditioned faithfully to execute the duties of his office according to law-to pay over all monies received by him for goods sold at auction, to the owners thereof, and to pay over all duties to the state and to the town, which shall accrue on goods so sold by him.

SEC. 3. The town treasurer of each town shall transmit to the general treasurer the name of every auctioneer appointed as aforesaid, and a copy of the bond of such auctioneer, within twenty days from the time every such bond shall be given; and if any town treasurer shall neglect to transmit the name of any auctioneer, or the copy of the bond by him given, to the general treasurer as aforesaid, he shall forfeit and pay the sum of one hundred dollars; to be sued for and recovered by the general treasurer, by action of debt, to and for the use of the state, in any court competent to try the

same.

SEC. 4. The bond aforesaid may be sued in the name of the town treasurer, by any person claiming a forfeiture thereon: provided, such person shall give security for costs by endorsing the writ, or by procuring some sufficient citizen of this state to endorse the same, who shall be liable to costs in case the defendant recover; and execution shall issue against him therefor, and judgment shall be rendered, in case of forfeiture, for the penalty of the bond, and execution shall issue for the sum ascertained to be due the plaintiff; and the like security for costs shall be given, and proceedings had, when scire facias is sued out upon said judgment for an additional breach of said bond: provided, however, that when any suit shall be commenced on it by the general treasurer, notice of such fact shall be endorsed on the writ, but no security for costs shall be given, nor shall the defendant in such case recover cost, in any event.

SEC. 5. Every auctioneer, before exposing any real or personal estate to public sale, shall make out in writing and sign and publicly read the conditions of sale.

SEC. 6. When the whole amount of sales at any public

auction shall not exceed four hundred dollars, the auctioneer shall have two and one-half per cent. commissions; but if the amount exceed that sum he shall have only one and onehalf per cent. provided, that the towns of Newport, Providence, Bristol and Warren, shall have power to establish such regulations for the conducting of sales and auctioneer's commissions in their respective towns, as they may think necessary; any thing herein to the contrary notwithstanding.

SEC. 7. All real and personal estate which shall be sold at auction shall be sold by an auctioneer, and shall be subject to duty, as is herein provided; excepting only such as shall be sold by the marshal of the district or his deputy, by any sheriff, deputy sheriff or other officer, or by any executor, administrator or guardian, by virtue of their respective offices.

SEC. 8. All goods, wares, merchandize and effects, except distilled spirits, imported from any place without the jurisdiction of the United States, and exposed at auction in packages, bales, trunks or casks, as imported, shall be subject to the following rate of duty on every hundred dollars, viz: fifty cents to the use of the state, and twelve and a half cents to the use of the town where sold.

SEC. 9. All other goods, wares, merchandise and effects, except distilled spirits, imported from any place without the jurisdiction of the United States, that shall be exposed at auction, shall be subject to the following rate of duty on every hundred dollars, viz: eighty-seven and a half cents to the use of the state, and twelve and a half cents to the use of the town where sold.

SEC. 10. All distilled spirits, whether foreign or domestic, exposed at auction, shall be subject to the following rate of duty on every hundred dollars: two dollars to the use of the state, and twenty-five cents to the use of the town where sold.

SEC. 11. The duties aforesaid shall be calculated on the sums for which the goods so exposed to sale shall be respectively struck off, and shall be by the auctioneer selling the same retained out of his said sales, and paid over to the proper officer.

SEC. 12. Every auctioneer shall, within twenty days after the expiration of every six months, the first six months to be computed from the date of his bond, transmit or render a just and true account in writing, subscribed by him, to the general treasurer, of all goods, wares and merchandise, subject to duty, by him sold as aforesaid, from the time of his appointment, and giving bond as aforesaid, or the time that

the last account by him was transmitted or rendered as aforesaid, the amount of each day's sale, and the date thereof; and shall take, before any magistrate authorized to administer oaths, the following oath, to be endorsed and certified on the account so transmitted or rendered, to wit: "I

do solemnly swear, (or affirm,) that this account, to which I have subscribed my name, contains a just and true account of all the goods, wares, merchandise and effects, sold or struck off by me, subject to duty by law, within the time mentioned in the said account; and of the days upon which the same were respectively sold; and that I have attended such sales personally, and have examined the entries of such sales in the book kept by me for that purpose, and know this account to be in all respects correct:" to which oath or affirmation the said auctioneer shall subscribe his name; and every such auctioneer shall, within ten days after rendering such account, and taking the said oath, pay the amount of duty upon such account of sales to the general treasurer, for the use of this state as aforesaid; and the amount of duty due the town to the town treasurer; and in case no sales on which duties are payable shall have been made, it shall be the duty of the auctioneer to make an affidavit thereof, at the time and in the manner above directed, and to transmit such affidavit to the general treasurer.

SEC. 13. In case any auctioneer shall fail to transmit or render his account or affidavit to the general treasurer as aforesaid, or shall fail to pay the duty as aforesaid due the state or town at the time and in the manner aforesaid, he shall forfeit and pay for every such neglect, the sum of five hundred dollars, to be sued for and recovered in an action of debt by the general treasurer; unless the neglect be in not paying the duty due the town, and then by the town treasurer, in any court competent to try the same.

SEC. 14. If any person shall hereafter assume or exercise the office of an auctioneer in any town, except as above excepted, without being legally chosen thereto, and without being duly qualified, he shall pay as a fine the sum of five hundred dollars, to be recovered by the town treasurer, to and for the use of such town, by action of debt.

An Act constituting the several Town Councils ex officio Boards

SECTION

of Health.

SECTION

It is enacted by the General Assembly, as follows:

SECTION 1. The several town councils are hereby constituted ex officio boards of health in their respective towns; and are empowered, when in their opinion the inhabitants of such town, or of any particular part thereof, are in danger from any contagious or infectious disease, to order and enact such rules and regulations, not repugnant to the laws of this state or of the United States, for preventing the same, as to them shall appear to be proper, either by removing the inhabitants or otherwise; and shall affix such penalties for the breach of said rules and regulations as to them shall seem necessary, not exceeding the sum of three hundred dollars fine or six months imprisonment, for any one offence.

SEC. 2. The town councils of the sea-port towns are hereby empowered to make and carry into effect, such rules and regulations respecting quarantine, as to them may appear necessary, to prevent the introduction of contagious or infectious diseases from other places. Such town councils shall respectively prescribe from time to time the several ports, places or countries from which vessels arriving shall be subject to examination or quarantine; and shall likewise appoint the particular place in their harbor, bay or river, adjacent to such town, where all ships or vessels arriving, subject to examination or quarantine, shall come to anchor; and shall define the limits of such quarantine ground, and assign the time which such ships or vessels shall be detained, and where and how unladen; and such councils may respectively appoint a sentinel, who shall be paid by said town and be stationed in some convenient place on shore, or in some boat or vessel properly situated, to hail all ships or vessels which may arrive in such river, bay or harbor; and if he finds any ship or vessel is subject to quarantine, to direct the commander thereof

to come to anchor within the limits of said quarantine ground as aforesaid, and there remain until visited by the health officer, and to place a signal in said vessel's shrouds in such manner as to be seen at a proper distance.

SEC. 3. Any commander of a ship or vessel who shall, upon being hailed and directed by the sentinel as aforesaid, refuse or neglect to bring his ship or vessel to anchor within the limits described as aforesaid, shall pay as a fine, to and for the use of said town, a sum not exceeding five hundred dollars, nor less than twenty dollars; and the town council may order such ship or vessel to be anchored on said quarantine ground, at the expense of the owners, master or commanding officer thereof, there to remain until therefrom discharged in manner herein after provided.

SEC. 4. Any person, either officer, seaman or passenger, who shall leave any ship or vessel under order of quarantine as aforesaid, without permission from the health officer or the town council of such town, shall pay to and for the use of said town, a fine not exceeding the sum of twenty dollars; and said town council may order such person to be returned on board of such vessel, there to remain until said council order him to be dismissed.

SEC. 5. If any vessel shall arrive in the waters of this state, and bound to the port of Providence, at any time while the quarantine regulations of said city are in force, no person on board said vessel, either master, officer, seaman or passenger, shall enter into the city of Providence or village of Pawtuxet, until such vessel shall have been visited and examined by the health officer of said city, and permission shall have been given by such health officer, or by the board of aldermen of said city, to such person to enter therein; and every such person so entering into said city or village, without such permission first had and obtained as aforesaid, shall pay as a fine a sum not exceeding twenty dollars; and said board of aldermen may also cause such person to be returned to such vessel in case she is under quarantine, there to remain until permitted to depart therefrom.

SEC. 6. The several towns or town councils are hereby empowered to appoint a health officer for such town; whose duty it shall be to visit all vessels which shall be subject to examination or quarantine as aforesaid, and carry into execution all regulations established by the said council; which said health officer shall be at all times accountable to said town council, and shall receive for his services such compensation as said council may allow, to be paid by the owners,