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wares or merchandise, or any of said enumerated articles, through or into any town, to be sold or bartered from packs, packages, horses, carts or other vehicles, under the penalty of forfeiting the sum of fifty dollars; to be recovered by an action of debt before the court of common pleas in the county where the offence shall be committed ; one half thereof to and for the use of the person who shall sue for the same, and the other, to and for the use of the state. And every individual sale or offer for sale made contrary to the provisions of this act shall be deemed and construed as a distinct and separate offence; and the person making the same shall be liable to be prosecuted therefor as such, in the manner prescribed in this act.
Sec. 2. Whenever complaint shall be made to any justice of the peace within his county that any person within his county is selling or offering for sale any article contrary to the preceding section, such justice shall examine the complainant under oath, reduce his complaint to writing, and cause the same to be by him signed. If the complainant shall then enter into a recognizance in such sum, not exceeding fifty dollars, and with such surety as the justice shall direct and approve, conditioned to prosecute such complaint to final judgment with effect, or in default thereof to pay the costs that may accrue thereon, such justice shall issue his warrant to seize the article or articles so offered for sale ; 'together with all other prohibited merchandize and afore enumerated articles then in the immediate possession of the person complained of, with the packs, packages, carriage and horse, or other vehicle upon or in which the same shall have been transported; and to summon such person to appear before him and show cause why all such property should not be adjudged forfeited ; and if upon trial it shall appear that such complaint is true, then all such property so seized shall be forfeited; one half thereof, after payment of the costs, to and for the use of the complainant, and the other half to and for the use of the state.
Sec. 3. The general treasurer shall be and is hereby authorized and empowered to grant and issue to any person or partnership, of not more than two persons, that he may deem suitable, a license for offering for sale and for selling any goods, wares or merchandize of foreign growth or manufacture, together with the other articles enumerated in the first section of this act in manner aforesaid, upon the payment of the sum of one hundred dollars for the use of the state ; and a license for offering for sale and selling the articles enumer
ated in the first section of this act, exclusive of such as are of foreign growth or manufacture, upon payment of the sum of seventy-five dollars for the use of the state, and one dollar for his trouble for each license by the person or such partnership applying therefor ; and shall at the time of issuing such license enter upon a list kept for that purpose, the name of the person or such partnership so licensed, the kind of license, and the time of the expiration of such license; and shall also furnish to any person who may request it, a statement copied from said list of all such licenses as may be or may have been in force in any year designated by the person requesting such statement; and every such license shall continue in force for and during the term of one year from the granting thereof, and no longer; and shall authorize only the person or such partnership named therein, to sell and offer for sale as aforesaid.
Sec. 4. If any person selling or offering for sale as a hawker or pedler, any goods, wares or merchandize of foreign growth or manufacture, or any other goods enumerated in the first section of this act, shall, after being by any inhabitant of this state, or any person having a license under this act, distinctly requested to show his license, neglect or refuse for the space of ten minutes to show a license then in force according to the provisions of this act, and allow the same to be read, every such person, if sued or prosecuted under this act, shall be adjudged to pay all the costs of such suit or prosecution, although it shall appear on trial that he had a license duly issued and in force at the time of the alleged offence.
Sec. 5. On the trial of all complaints made for a breach of the provisions of this act, it shall be incumbent on the person complained of or prosecuted, to prove to the satisfaction of the court or justice by whom the suit or complaint shall be tried, that the goods sold or offered for sale as of the growth, produce or manufacture of the United States, were of the growth, produce or manufacture of the United States.
Sec. 6. Nothing in this act contained shall be so construed as to require any inhabitant of this state to procure a license to enable him to peddle any article manufactured with his own hands; nor shall this act be so construed as to prevent the inhabitants of this state from vending without license, tow cloth, knit stockings, gloves and mits, and all other articles of household manufacture made and manufactured in this state.
CLERKS, &c., TO ACCOUNT.
An Act requiring the Clerks of the Courts to Account, and for
SECTION 1. All fines, costs, &c., except those re- an account of fines, &c., imposed
ceived by justices of the peace and also of all monies received, and pay
forms. 2. Costs unclaimed six months, to be paid | 6. Penalty for neglect in paying over into the general treasury:
costs. 3. Orders for costs and incidental expen- 7. General treasurer to make report, and ses how drawn.
sue for neglect. 4. Clerks to transmit to general treasurer
It is enacted by the General Assembly, as follows :
SECTION 1. Allfines, penalties and forfeitures, except such as shall be received by justices of the peace and clerks of the courts of common pleas, and all costs due or payable into the general treasury, shall be paid to the clerk of the supreme court for the county in which the same shall be imposed, assessed or taxed, and be by him accounted for and paid into the general treasury: All sheriffs, deputy sheriffs and jailers shall pay to the clerk of the supreme court for their respective counties, all fines and costs by them received, due and payable into the general treasury; and the said clerks of the supreme court shall prosecute all delinquents under this act according to law.
SEC. 2. All costs paid out of the general treasury, or by defendants or others in criminal prosecutions, which shall remain unclaimed by the persons to whom the same shall be due for the space of six months after the same shall be received, shall be paid by the officer or person holding the same to the clerk of the supreme court for the county, who shall account for and pay the same as aforesaid into the general treasury.
SEC. 3. All orders drawn on the general treasury for bills of costs shall be accompanied with copies of the said bills of cost; and all orders drawn on the general treasury for incidental and extraordinary expenses or services in criminal prosecutions, shall contain a statement of the particulars of said expenses or services, and a description of the prosecutions or causes in which the same were paid or rendered.
Sec. 4. Each of the clerks of the supreme court and court of common pleas shall, within twenty days after the rising of the court of which he is clerk, at every term thereof, render a true and particular account to the general treasurer of all fines, penalties and forfeitures imposed or declared forfeit at
that term of said court; and copies of all bills of costs taxed in criminal prosecutions, or any other cases in which the state or the general treasurer may be a party; and of all allowances for extraordinary and incidental services or expenses; and also of all money by him received in pursuance of the act entitled “an act in relation to jurors ;” and shall, if a clerk of the supreme court, also make like return of all money by him received and payable into the general treasury; which account shall be accompanied by a certificate from some one of the justices of said court verifying the same, and specifying therein the number of cases tried before or opened to the jury, and the amount of fines imposed by said courts for non-attendance of jurors; and all such monies shall be paid into the general treasury at the time of rendering said account.
Sec. 5. The general treasurer shall furnish the clerks of said courts from time to time with such forms of accounts and returns as he shall think proper and convenient; and the said clerks shall make return to the general treasurer according to law, agreeably to such forms by him prescribed.
Sec. 6. If any officer or other person shall neglect or refuse to pay to any clerk of the supreme court, any costs payable to him at the time when the same ought to be paid ; or if any of said clerks shall neglect or refuse to pay into the general treasury, any costs payable thereunto at the time when the same ought to be paid, the person so offending shall forfeit and pay treble the value or amount of the costs so withheld or not paid; to be recovered by action of debt, to be commenced by the general treasurer for the use of the state.
Sec. 7. It shall be the duty of the general treasurer to report semi-annually to the general assembly, on the operation and execution of this act; and to cause prosecutions to be commenced for all neglects of the duties hereby imposed, and for all breaches thereof.
An Act in relation to the Providence and Pawtucket Turnpike
Road, now belonging to the state.
elected-may employ sub-agents,keep
3. Agent may commute tolls.
of the rules of the road, and for tolls
due. 5. Penalty for injuring road or obstruct
ing free passage over it.
2. Compensation of agent fifty dollars per
It is enacted by the General Assembly, as follows:
SECTION 1. At the annual general election in every year, an agent shall be chosen to superintend the Providence and Pawtucket Turnpike Road and all the business thereof. Such agent shall employ and pay such sub-agents as may be necessary, and shall keep said road and buildings belonging to it in repair, and pay over the income thereof to the general treasurer, quarterly.
Sec. 2. Said agent shall be allowed as compensation for his services the sum of fifty dollars; he shall continue in office until his successor is qualified to act.
Sec. 3. The agent shall have power to commute the tolls chargeable on said road, with persons regularly travelling over the road, on such terms as he may deem best. .
Sec. 4. The agent of the state for superintending said road shall prosecute for all violations of the regulations of said road, and for all sums due to said road for tolls or commutation of tolls.
Sec. 5. If any person shall hereafter pull down or in any way injure the gates or buildings erected upon or belonging to said road, or the appurtenances thereof, or shall in any manner obstruct the free passage of persons travelling over or using said road, or otherwise injure said road, such
person shall be fined not exceeding six hundred dollars, or be imprisoned not exceeding six months; and shall also be liable to pay to such agent to and for the use of the state, double the amount of the damage actually done, to be recovered in an action therefor.
An Act to provide for the safe keeping of the money received from the United States, by virtue of an act of Congress entitled " An Act to regulate the deposites of the public money, approved June 23, 1836.
by the United States.
bond. 3. May withdraw the loan if deemed in4. Deposite shall remain until otherwise
ordered by the general assembly.
commissioners may loan to towns
town treasurer to give bond therefor. 7. What proportion may be loaned to town. 8. Commissioners may invest in bank
stock in certain cases.
It is enacted by the General Assembly, as follows :
SECTION 1. The governor, secretary of state and general treasurer for the time being, are hereby constituted commis