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An Act appointing the time when the act entitled “ An act ena
bling the town councils in this State to grant Licenses for retailing Strong Liquors, and for other purposes,” shall go
nor prosecutions for breaches, not affected.
It is enacted by the General Assembly, as follows:
SECTION 1. The act entitled “An act enabling the town councils in this state to grant licenses for retailing strong liquors, and for other purposes,” shall take effect immediately upon the rising of the general assembly at the present session. Sec. 2.
The act by the same title now in force, shall be repealed at the same time : provided, however, that such repeal shall not affect any license granted under said act, nor any prosecution which has been or may be commenced for the breach of any of its provisions.
An Act imposing a Duty upon Licensed Persons and others,
and Bodies Corporate.
SECTION 1. Tax-on civil commissions-clerks of 4. Bank or insurance company neglecting
courts-banks-insurance companies. to pay, how collected. 2. Tax when and to whom payable-on 5. Same subject. counsellors at law.
6. Act when to take effect. 3. Agent of foreign insurance company
to be licensed.
It is enacted by the General Assembly, as follows:
Section 1. There shall be annually paid by the persons and bodies corporate herein named, to and for the use of the state, the following sums, to wit:
By every person accepting a civil commission under the state, the sum of one dollar, to be paid the sheriff at the time of receiving the commission ; by every clerk of the supreme court, and by every clerk of any court of common pleas, twenty per cent. on all fees by them received over four hundred dollars; by every bank, the sum of twenty-five cents on each and every hundred dollars of the capital stock actually paid in; by every insurance company incorporated by this state, one twentieth of one per cent. upon their capital stock; by every person transacting business in this state, as the agent, partner or branch of any insurance company not incorporated by this state, two hundred and fifty dollars ; by
each mutual insurance company incorporated in this state, one hundred dollars.
Sec. 2. Clerks of courts, banks, insurance companies, and agents, partners or branches of foreign insurance companies, shall severally pay the tax and duty hereby imposed on them to the general treasurer; said clerks and insurance companies, on the first Tuesday in May; said bauks, one half part thereof on the first Monday in June, and the other half part thereof on the first Monday in December; and said agents, partners or branches of foreign insurance companies, at the time of receiving their licenses herein after provided for. In addition to the foregoing, every bank incorporated in this state, which is authorized by its charter to increase its capital stock, shall pay to the general treasurer two per cent. upon the amount of such increased capital stock, which shall be hereafter actually paid in on the first Monday of June, next after such increase of capital stock; and every person who shall be admitted and sworn a counsellor or attorney in the courts of this state shall, at his admission, pay to the clerk of the supreme court in the county where he shall apply to be admitted, the sum of twenty dollars, to be by such clerk paid over to the general treasurer.
Sec. 3. No person shall act or transact business in this state as the agent, partner or branch of any insurance company not incorporated by this state, without first obtaining from the general treasurer a license therefor, upon penalty of four hundred dollars for every offence; and the general treasurer is hereby authorized in his discretion to grant licenses for such pupose, to continue in force one year from the date thereof.
Sec. 4. If any bank or insurance company shall neglect for the space of thirty days to pay the duty imposed on banks and insurance companies by this act, the general treasurer shall issue his warrant of distress against the same, directed to the sheriff or his deputy of the county in which such bank or insurance company is located, for the amount of such duty, commanding him in the name of the state to collect of said delinquent said amount, with interest thereon, from the time the same was payable to the time of its actual receipt by such officer, with his lawful fees; and to make return thereof within ninety days from the date of the same.
Sec. 5. The officer who shall be charged with the service of such warrant shall levy and collect the sum therein named, by attachment and seizure of the real and personal estate of the bank or insurance company against which the same has
issued ; and shall sell the property so attached and seized at public auction, giving ninety days previous notice thereof, by two advertisements posted up in the town in which such bank or insurance company is located; and a deed of such estate made by such officer shall vest in the purchaser all the right, title and interest said bank or insurance company had therein at the time of the attachment and seizure thereof.
Sec. 6. The foregoing act shall take effect on the first Monday of May next.
An Act to regulate the Militia.
How Officered. 1. Who shall be enrolled and when. 19. General staff — division - brigade — 2. Absolute exempts.
regimental—and company officers. 3. Conditional exempts.
20. In cases of vacancy, sickness or ab4. Assessors annually to prepare list of sence, officer next in rank to com
persons liable to be enrolled and de mand. Vacancy in office of adjutant liver it to town clerk. Town clerk or quarter-master general may be fillto record and transmit it to adjutant ed by assistant. general, and adjutant general to the 21. Companies without officers, how compresident of the United States.
manded. 5. Assessors to assess a commutation tax 22. Same subject.
on enrolled militia. How collected. Election and Appointment of Officers. 6. Commutation, part of registry tax, 23. Officers of the line and staff, how may be remitted by town council.
elected. 7. When collected and to whom paid. 24. Major general to signify his accep8. House-keepers to give the names of tance.
all residing with them, liable to be 25. Regiment to consist of eight compaenrolled.
Officers of, how appointed. 9. Paupers, &c., to be disenrolled. 26. Persons on duty, &c., exempt from Of the Active Militia.
arrest. 10. Active militia how composed and
Of Commissions. drilled. To be first called into ser- 27. All commissions shall be signed by the vice.
commander-in-chief and countersign11. Artillery, infantry and cavalry corps, ed by secretary of state-term of-warhow organized.
rants for regimental staff by colonels-12. Corps of the active militia twice re of non-commissioned officers by comfusing to elect officers, &c., may be
mander of company. disbanded.
28. Rank of officers how determined 13. Volunteer corps how organized; offi what day commissions shall bear date. cers to be commissioned.
29. Officer losing his commission shall be 14. Volunteer corps to be attached to rega entitled to duplicate. iment.
30. Commissions shall be delivered to ad15. Volunteer corps when to train or do jutant general, and by him distributed.
duty. May vote on certificate of 31. Brigade and field officers to signify having done military duty.
their acceptance or refusal within Organization.
thirty days-neglecting it, office to be 16. Militia, how organized ;-division vacant. brigades, &c.
Officers how qualified. 17. Brigades to consist of regimental com- 32. Each commissioned officer shall be en
panies, &c. Companies to be num gaged on his commission. bered according to date of charter.
Officers how discharged. To be paid for their services.
33. Officer having held commission five 18. Non-commissioned officers and pri years, &c., may be discharged by the
vates to be exempt after seven years commander-in chief. service.
SECTION 34. Resignations shall be in writing—to Of Drafts and calling the Militia into Serwhom made, and how approved.
oice. How armed and equipped. 55. In case of war, &c., the commander35. Non-commissioned officers and pri in-chief may order a draft from the
vates of chartered or volunteer corps, enrolled militia. Order to whom diof cavalry—of artillery and infantry rected and how executed. Officers
uniform necessary part of equipment. to be commissioned, &c. 36. Chartered regimental company of light 56. In case of invasion, riot, &c., com
infantry-grenadiers-riflemen-cav mander-in-chief or major general may
57. In actual service, military to be sub37. Regimental company of artillery to be ject to articles of war, &c. Drafts
provided with field pieces, powder and for the service of the United States
58. Company without officers being or. 38. In time of war, &c., commander-in dered to march, &c., officer shall be
chief shall equip new levies out of detailed to command.
59. Officers and men neglecting to repair Discipline, Inspection, Training and Re to rendezvous, &c., shall be punished. view.
60. In case of riot, &c., in any county, or 39. System of discipline.
city of Providence, sheriff, &c., may 40. Inspection and drill of regimental com order out militia.
panies on third Monday in May, an- 61. Officer to whom order above is dinually.
rected shall forthwith obey-refusal, 41. Brigade training in September or Oc to be punished.
tober annually-time and place of re Surgeons and Assistant Surgeons. views.
62. Surgeons, &c., to examine all appli42. Rank of brigades, &c., when in the cants for certificates of disability,withfield-senior officer to command.
out fee. 43. Bounds of parade may be fixed-pun- 63. Any respectable physician may grant ishment for intrusion-for abuse.
a certificate in certain cases. Per44. Brigadier generals, inspectors, &c., sons may be exempt on presentation to attend reviews.
of certificate, not exceeding one year. 45. Arms loaded with ball prohibited on Of Fines and Penalties of Officers, and the parade, except, &c.
manner of enforcing them. 46. Military duty prohibited on town 64. Offences of general, field, commis
meeting day, &c. No election of civil sioned and staff officers and surgeons, officers shall be holden on third Mon shall be punished by courts martial. day of May.
Fines imposed shall be collected by 47. Chartered or volunteer company may warrant-imprisonment enforced by meet at any time.
mittimus. 48. Orders-general-division-brigade
Other Fines and Penalties. regimental and company—by whom 65. Soldiers guilty of contempt—disobedistributed.
dience-riot, &c., shall be put under 49. Commander-in-chief may order out guard-may be fined or imprisoned.
whole or part of militia for review, ! Fines and penalties in chartered com&c.
to be governed by the charter, Rolls and Returns.
&c. Fine for non-attendance brigade 50. Rolls and orderly book to be kept by training, six dollars-volunteers not adjutant of regimental company.
included. 51. Commanding officer shall make out 66. In case of war, insurrection, riot, &c.,
roll of men and equipments and de soldier neglecting to appear at place liver it to brigade inspector. Brigade of rendezvous, &c., may be fined and inspector to make like return to ad imprisoned. jutant general. Adjutant general to 67. Penalty on assessors of taxes, town or make duplicate abstracts of active city clerk, collector of taxes, town militia, for commander-in-chief and treasurer and town councils, for nemajor general. Commanding officer glect, &c. How recovered and apof regimental company to make like propriated. returns, &c., to general treasurer. 68. Penalty on house-keepers, &c., refusVoluteers not to be included.
ing to give information concerning 52. Adjutant general to furnish blanks, those liable to be enrolled. &c.
69. Penalty on spectator for abusing or 53. Regimental companies to be uniform assaulting officer or private when on ed-officers how equipped.
parade, and how collected. For in54. Arms, &c. exempt from attachment. truding on parade.
SECTION 70. Penalty on surgeon receiving fee for cer under arrest refusing to appear,
certificate of inability-or granting shall be fined and cashiered. certificate without proper examina- 74. Witness refusing to attend may be tion.
committed-fees of court, witnesses, Courts Martial.
&c.,-commander-in-chief may ap71. What officers shall be liable to trial by prove, disapprove, mitigate or remit
courts martial-for what offences sentence-record to be deposited with court how composed-senior officer to adjutant general. preside-how appointed—no court to Board of Officers and Courts of Enquiry. be called without the approval of the 75. Commander-in-chief may call boards commander-in-chief-no expenses to be of officers. paid unless by order of general assem- 76. Courts of Enquiry how composed and bly-form of orders for calling court organized-vacancies how filled--oath detailing members-furnishing copy of-witnesses before-record of, to be of charges--organizing court-mode transmitted to officer who ordered the of proceeding.
court. 72. Judge advocate to be appointed and 77. Pay and fees same as in courts mar
tial. 73. Accused may challenge members of 78. Acts repealed-penalties accruing un
the court for cause-if number of couri der them saved--charters of compabe thereby reduced to less than five, nies-not accepting provisions of the court shall adjourn, that others may act, unimpaired--property of charterbe detailed-sentence of court to be ed companies accepting its provisions, concurred in by two-thirds, and ap not impaired. proved by commander-in-chief-offi- '79. When act shall take effect.
It is enacted by the General Assembly, as follows :
OF THE ENROLLED MILITIA.
SECTION 1. Every able bodied white male citizen in this state, who is or shall be of the age of eighteen years, and not exceeding the age of forty-five years, excepting persons absolutely exempted by the provisions of this act, and idiots, lunatics, common drunkards, paupers, vagabonds, and persons convicted of any infamous crime, shall be enrolled in the militia, as herein after provided.
Sec. 2. The following persons shall be absolutely exempted from military duty in this state :
Those exempted by the laws of the United States, to wit: the vice-president of the United States; the officers, judicial and executive of the government of the United States : the members of both houses of congress and their respective officers; all custom-house officers with their clerks ; all post officers and stage drivers, who are employed in the care and conveyance of the mail of the post office of the United States; all ferry men employed at any ferry on the post road; all inspectors of exports; all pilots, and all mariners actually employed in the sea service of any citizen or merchant within the United States: also, all persons who have holden the office of governor, or lieutenant governor; all persons who, after the last day of February, A. D. 1796, shall have holden any military commission or commissions, or staff office with the rank of an officer of the line, for the space of five years successively, and who shall have been engaged thereon accord