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one half thereof to and for the use of the state, and the other half to and for the use of the person who shall sue for the
And the said rail road company shall also be liable for all damages sustained by any person by reason of such neglect or refusal on the part of the company.
Sec. 4. Every rail road corporation shall keep an account of the toll, freight and passage money actually received at their depots and offices of receipt, and keep the same at all times in readiness for the examination of the general assembly, or any committee or board of commissioners that may be appointed by said assembly.
Sec. 5. No rail road corporation shall be capable in law to take or hold any land in this state, in fee or for life or lives, for terms of years, or by any other title or tenure, for any other use than such as is expressly provided in the charter of such corporation ; and all deeds or instruments of whatever description, made to any such corporation, contrary to the true intent and meaning of this act, so far as the same shall be contrary hereto, shall be null and void : provided, that nothing in this act shall be construed to affect any title already acquired by any such corporation, in conformity to power expressly contained in its charter.
Sec. 6. There shall hereafter be annually appointed by the general assembly at its May session, in the same manner as other state officers are appointed, a board of rail road commissioners; to consist of a number not less than three, who shall be commissioned and engaged as other state officers are.
Sec. 7. It shall be the duty of said board of commissioners whenever a majority of them shall deem it expedient, personally to examine into the transactions and proceedings of any rail road corporation that now is, or hereafter may be, authorized and established in this state, in order to secure to all the inhabitants the same and equal privileges of transportation of persons and property at all times, that may be granted, either directly or indirectly by any such corporation, to the inhabitants of any other state ; and rateably in proportion to the distance any such persons or property may be so transported ; and to inquire into any contract, understanding or agreement, by which any rail road company shall attempt to transfer or give to any steam boat company or to any steam boat any preference over any other steam boat company or boat, either as to freight or passage, contrary to the true intent and meaning of this act; and into all the other acts and doings of any such company whereby the rights and privileges of this state or any of its citizens may be affected.
Sec. 8. It shall be competent for the said board of commissioners, or a majority of them, in the discharge of their duty under this act, whenever they shall deem it proper, to send for persons and papers, and to examine witnesses under oath, which oaths the said commissioners are hereby authorized to administer, and to issue all necessary and proper process for the purpose aforesaid.
Sec. 9. It shall be the duty of said commissioners as often as twice every year, and oftener if they deem it necessary, to report to the general assembly the state, condition and proceedings of the several rail road companies, so far as the public interest may require the same.
Sec. 10. The said commissioners shall be allowed as a compensation for their services from time to time, upon the presentation of their accounts to the general assembly, such sum as the general assembly may think proper to allow.
An Act ascertaining what shall constitute a Legal Settlement.
It is enacted by the General Assembly, as follows:
Section 1. A legal settlement in any town shall be hereafter gained, so as to oblige such town to relieve and support the person gaining the same, in case he becomes poor and stands in need of relief, by any of the ways and means following, and not otherwise :
First. A married woman shall always follow and have the settlement of her husband, if he hath any settlement in this state, or in any of the United States ; but if he hath no settlement within this state, or in any other of the United States, the wife shall have and retain her settlement at the time of her marriage, and the husband in such case shall follow and have the settlement of his wife.
Second. Legitimate children shall follow and have the settlement of their father, until they arrive to the age of twenty-one years, if the father shall before that time have any settlement in this state, or in any other of the United States, and shall retain such settlement until they gain a settlement
of their own; but if the father before that time shall not have any settlement in this state, or in any other of the United States, the children shall in like manner follow and have the settlement of the mother.
Third. Illegitimate children born within this state, shall follow and have the settlement of their mother at the time of their birth ; but neither legitimate nor illegitimate children shall gain a settlement by birth in the places where they may be born, if neither of their parents shall have a settlement there.
Fourth. Any minor who shall serve an apprenticeship to any lawful trade for the space of three years in any town, and actually set up the same therein within three years after the expiration of the said term, being then twenty-one years of age, and continue to carry on the same for the space of five years, shall thereby gain a settlement in such town; but such person being hired as a journeyman shall not be considered as setting up a trade.
Fifth. Any person of twenty-one years of age, having an estate of inheritance or freehold in the town where he shall dwell and have his home, of the yearly income of twenty dollars, over and above the interest of any mortgage which shall be thereon, and taking the rents and profits thereof for three years successively, whether he lives thereupon or not, shall thereby gain a settlement therein.
Sixth. Any person of twenty-one years of age, having a real estate which shall be of the value of two hundred dollars, over and above any mortgage or incumbrance which may be thereon, and being assessed for the same in the state and town taxes, and actually paying the same for five years successively in the town where he dwells and hath his home, shall thereby gain a settlement therein.
SEC. 2. Every legal settlement when gained shall continue until lost or defeated by gaining a new one; and upon gaining such new settlement, all former settlements shall be defeated and lost.
An Act providing for the Relief, Employment and Removal of
SECTION 1. Towns to support their poor, and to 12. Penalty for paupers returning after
afford temporary relief to other poor being removed. Proceedings in such
of bad fame, though not chargeable. 2. Overseers to relieve all poor persons 14. Penalty for admitting into one's house
within their towns, either permanent to reside there, any person ordered to ly or temporarily.
remove, or to depart, after notice. 3. Fathers, &c., liable to maintain chil. 15. Penalty for leaving any pauper in any
dren; may be compelled by supreme town in which he is not settled, with. court; proceedings in such cases.
out an order. 4. Overseers may bind out poor children 16. Penalty for bringing convicts into any
in certain cases. Provision to be made town.
17. Masters of vessels to report their pas5. Overseers to protect them from in sengers to the overseer. jury.
18. Narragansett Indians may be removed 6. Action for damages may be maintain as paupers. ed on the contract of binding.
19. Town councils may order paupers not 7. Overseers may bind out to service cer settled in the state, and persons of ill. tain persons of full age.
fame, to depart their towns. Proceed8. Town councils may remove paupers ings in such cases and penalty for
to the place of their settlement. Pro returning. ceedings in such cases.
20. Settlement not gained by persons of 9. Town affected may appeal from order bad fame by real estate after removal,
of removal. Proceedings in case of or order of removal, or to depart.
21. Town council to notify parties interest10. Order of removal how executed.
ed, before proceeding under the 13th 11. Town councils may refuse bonds of and 19th sections.
It is enacted by the General Assembly, as follows:
SECTION 1. Every town shall be holden to relieve and support poor and indigent persons lawfully settled therein, whenever they shall stand in need thereof: provided, however, that all persons who are holden in servitude or slavery, who have not been emancipated according to the provisions of the act entitled - an act relative to slaves and their manumission and support,” contained in the digest of 1822, shall be maintained and supported at the cost and charge of their owners, their heirs, executors or administrators, if they shall ever become chargeable to the towns in which they reside; and other persons who were formerly holden in servitude or slavery, but who have been emancipated, shall be supported in the same manner, if they were of the age of thirty years when they were emancipated, or if they were not in sound body and mind as ascertained at the time of such emancipation, by the town councils of the town in which they resided; and to afford temporary relief to other poor and indigent persons; and may vote and raise money therefor and for their employment, and for the temporary relief of other poor and indigent persons, in the same way that monies for other town charges are rais
ed; and shall also choose any number, not exceeding five, suitable persons dwelling therein, for overseers of the
poor. Sec. 2. Said overseers shall have the care and oversight of all such poor and indigent persons so settled in their respective towns; and shall see that they are suitably relieved, supported and employed, either in the work house, or in other tenements belonging to such towns, or in such other way and manner as the inhabitants of the respective towns at any legal meeting shall direct, or otherwise at the discretion of said overseers ; and may also afford temporary relief to other poor and indigent persons, at the cost of such town. SEC. 3. The kindred of
he shall have in the line or degree of father or grandfather, mother or grandmother, children or grandchildren, by consanguinity, living within this state, and of sufficient ability, shall be holden to support such pauper in proportion to such ability; and the supreme court at any term thereof, in any county where any such kindred to be charged shall reside, upon complaint made by the overseer or overseers of the poor of any town who shall have been at any expense for the relief and support of any such pauper, may on due hearing, either upon the appearance or default of the kindred, they being summoned as hereafter prescribed, assess and apportion such sum as they shall judge reasonable therefor, upon such of said kindred as they shall judge of sufficient ability, and according thereto, to the time of such assessment with costs, and may enforce payment thereof by warrant of distress; and the overseer or overseers of any town complaining as aforesaid, may file their complaint in the clerk's office of the court to which such complaint shall be made, and may take out a summons thereon under the seal of said court, signed by the clerk thereof, and directed to some proper officer to serve an original summons; which being served by leaving an attested copy thereof with the party to be summoned, or at his last and usual place of abode, twenty days before the sitting of the court, shall hold him to answer to such complaint: provided, nevertheless, such assessment shall not extend to any expense for any relief afforded more than six months previous to the filing of such complaint; and the said court may further assess and apportion upon such kindred such weekly sum for the future, as they shall judge sufficient for the support of such pauper, to be paid quarterly until further order of said court; and upon application, from time to time, of the overseers of the poor to whom the same shall have been ordered to be paid, the clerk of said court shall issue and may renew