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the general assembly, certified by the secretary : Provided, nevertheless, that the governor for the time being shall have power to draw upon the general treasury, for payment for any particular services or expenses of a public nature, to the amount of twenty dollars at any one time; and provided also, that all accounts passed by the supreme court, or either of the courts of common pleas, in favor of those who have in said courts obtained allowances for services rendered in bringing criminals to justice, and for other incidental expenses, and also all certificates for any witnesses', officers', or jurors' attendance on said court according to law, shall be paid by the general treasurer, on the certificate of the clerk of said court.
Sec. 8. It shall be the duty of the general treasurer to deposite, subject to his order for the use of the state, all the funds of the state in his hands, or which may hereafter be received by him, in such safe and responsible bank, either in Newport or Providence, as will give the greatest rate of interest for the money so deposited.
Sec. 9. Any person having any claim or demand against the state, shall present the same in writing to the general treasurer, four weeks before the session of the general assembly, at which the same is to be acted on; and the general treasurer shall examine the same, and endorse thereon his recommendation or disapproval thereof, and transmit the same to the speaker of the house of representatives, at the next ensuing session of the assembly. After being acted upon by the assembly, the same shall be returned by the secretary of state to the general treasurer, to be by him kept on file in his office.
Sec. 10. The general treasurer may and shall make and publish, from time to time, such rules and regulations respecting the manner in which said claims and demands are to be made out and certified, as he shall deem necessary; which rules and regulations shall remain in force until altered by the general treasurer, or the general assembly.
Sec. 11. The salary of the general treasurer shall be five hundred dollars per year, payable quarterly out of the general treasury.
An Act relative to Senators and Representatives to represent this
State in Congress, and of Electors for the election of President and Vice President of the United States.
SECTION 1. Senators in congress to be elected by 6. Votes given at such elections, when to
general assembly in grand committee. be returned. 2. Election to be at stated session, next 7. In case of a vacancy, election to be
preceding the expiration of term of conducted in same manner.
to be chosen. 3. State divided into two congressional 9. Electors to meet at Bristol, to give districts.
their votes for president and vice-pre4. What towns compose each of said dis sident. tricts.
10. Electors empowered to fill vacancies 5. Elections of representatives to con
when met. gress, when to be holden.
It is enacted by the General Assembly, as follows:
SECTION 1. Senators of this state in the congress of the United States, shall be elected agreeably to the usage and constitution thereof, in the choice of state officers, by the general assembly in grand committee, and not in separate houses.
Sec. 2. Except in cases provided for by the second paragraph of the third section of the first article of the constitution of the United States, senators of this state shall not be elected before the stated session of the general assembly next preceding the expiration of the term of service of the senators for the time being.
Sec. 3. This state shall be divided into two districts for the election of representatives to the congress of the United States, to be called the eastern and western districts; and the qualified electors residing in each of said districts shall be entitled, at the times and places, and in the manner herein after provided, to elect a representative to the congress of the United States, for the district in which they reside.
Sec. 4. The eastern district shall consist and be composed of the territory in the following towns, to wit: Newport, Middletown, Portsmouth, Little Compton, Tiverton, Bristol, Warren, Barrington, North Providence, Smithfield and Cumberland, and the city of Providence.
The western district shall consist and be composed of the territory embraced within the following towns, to wit: New Shoreham, Westerly, South-Kingstown, North-Kingstown, Charlestown, Exeter, Richmond, Hopkinton, Jamestown, EastGreenwich, West-Greenwich, Warwick, Coventry, Cranston, Johnston, Scituate, Foster, Glocester and Burrillville.
Sec. 5. The first election of representatives after the passage of this act shall be on the first Wednesday in April, A. D.
1845; and all subsequent elections shall be holden every second year thereafter, on the first Wednesday in April. The said elections shall be conducted in the same manner and under the like restrictions and regulations, as are or shall be provided by law in respect to the election of general officers in this state.
SEC. 6. The votes given on such elections shall be returned to the general assembly at their next May session; and those given in each district shall be by them separately counted, and the candidate having the highest number of legal votes therein, shall be declared elected, and shall be furnished by the governor with a proper certificate thereof; provided, such candidate have a majority of the legal votes given at such election. But, if no person have such majority in each district, the general assembly shall order a new election at such time as they shall deem most expedient; and the votes given in such election shall be returned to, examined and counted by the general assembly or by the governor, at such time as the general assembly shall direct; and the candidate in each district, having a plurality of the whole number of legal votes given at such second election, shall be declared duly elected, and shall receive a certificate accordingly.
Sec. 7. Whenever writ of election shall issue to supply any vacancy which shall happen in the representation of this state in congress, as contemplated in the second section of the first article of the constitution of the United States, the votes shall be returned and counted as is herein after provided, in case of electors of president and vice-president of the United States.
Sec. 8. . The people of this state qualified by law to vote in the election of general officers, shall choose so many electors for the election of a president and vice-president of the United States as the state is or shall be entitled to ; the said election of electors shall be holden in the several towns on the first Monday in November, in every fourth year next after the election of president and vice-president of the United States which was had in the year 1840, and the several candidates having a plurality of the legal votes given in at such election shall be electors; the votes so given in shall be returned to the governor within five days after such election, who shall, in the presence of the secretary, count and examine the same and give notice to the electors of their election; and if, by reason of the votes being equally divided among any of the candidates or otherwise, there shall not be an election of the number of electors to which the state may
be entitled, the governor shall forthwith convene the general assembly, in East-Greenwich, in the county of Kent, for choosing electors to fill such vacancies ; in such cases the election by the general assembly shall be in grand committee and not in separate houses.
Sec. 9. Electors which may be appointed pursuant to this act, shall meet at Bristol, in the county of Bristol, there to vote for a president and vice-president of the United States, agreeably to the act of congress.
Sec. 10. If any electors, chosen as aforesaid, shall after their said election decline the said office, or be prevented by any cause from serving therein, the other electors, when met at Bristol, in pursuance of this act, shall fill such vacancies, and shall file a certificate in the secretary's office, of the person or persons by them appointed.
An Act in relation to Sheriffs, Deputy Sheriffs, and Jailers.
SECTION 1. Sheriff to be annually elected for each 17. Former keepers of jails (except Provcounty-be sworn -give bond.
idence) to deliver to sheriff all books, 2. Member of assembly not eligible as &c., pertaining to said office. sheriff, &c.
18. Sheriffs to deliver all books, &c., per3. Sheriff may appoint deputies—depu taining to their office, to their suc
tation to be recorded-deputy to be sworn and give bond-sheriff (except 19. Jailers to enter in a book, the names, Providence) may appoint jailer-jailer commitments and discharge of crimito be sworn-give bond.
nals. 4. Form of oath-may revoke deputation. 20. Jailers to report to general treasurer 5. May appoint special deputy on back annually, the names, &c., of crimof writ-deputy to be sworn.
inals, also list of notes, &c. 6. Sheriff liable for default of deputy, 21. Certain buildings declared to be the
&c.-party injured may sue sheriff or jail for the county of Providence. deputy.
22. Warden of state prison to be keeper of 7. To attend general assembly and courts. the jail in said county-to give bond 8. Penalty for refusing or neglecting to as keeper-sheriff to be keeper in
serve process 9. May command aid-penalty on person 23. Judgment, how rendered in case of refusing to obey.
on bond required in section 22. 10. Deputy and jailer may act after the 24. Keeper of jail in county of Providence
death of sheriff-their neglects to be to receive and safely keep all persons a breach of sheriff's bond-sheriff committed-forms of process may be may officiate until successor is quali varied, &c. fied.
25. May compel convicts to supply water 11. Sheriffs to distribute the schedules, for jail and state prison. &c.
26. May appoint deputy keeper-powers 12. To attend with deputies, annual com of deputy-to give hond-keeper liamencement of Brown University.
ble for his acts. 13. Courts may remove deputies or jailers. 27. Keeper to deliver to his successor all 14. Execution against sheriff--how served. books, &c., pertaining to said office. 15. Prisoner dying, body may be delivered | 28. Keeper may employ any person com
to his friends, if requested-otherwise mitted, in any labor in the jail yard, buried by jailer.
&c.-not to be deemed an escape. 16. Dead body not liable to be seized by
SECTION 29. To receive and keep prisoners while | 30. Unoccupied cells in state prison, in
being transferred from one county to certain cases, to be used and deemed another.
part of jail.
It is enacted by the General Assembly, as follows:
SECTION 1. There shall be annually appointed by the general assembly one sheriff for each county ; every person who shall be elected to the office of sheriff shall, at the time of his election, be an inhabitant of the county for which he shall be elected, and shall, previous to his entering on the duties of his office, take the oath hereinafter prescribed, and give bond with two sufficient sureties to the general treasurer, in the sum of fifteen thousand dollars, for the due and faithful execution of his office, according to law.
Sec. 2. No member of the general assembly shall be eligible to the office of sheriff or deputy sheriff ; nor shall any sheriff, deputy sheriff or jailer be eligible as a member of the general assembly.
Sec. 3. Each sheriff is hereby authorized to appoint as many deputies, being inhabitants of the county, as he shall deem necessary for his assistance in the due performance of the duties of his office. The appointment of every deputy shall be in writing, under the hand and seal of the sheriff, and shall be recorded in a book to be kept for that purpose in the office of the clerk of the court of common pleas in the county for which he is appointed or lodged, to be so recorded, previous to his entering on the duties of his office. Every deputy shall take the oath herein after prescribed, and give bond with sufficient sureties to the sheriff appointing him, in a sum not less than three thousand dollars, nor more than twelve thousand dollars, for the faithful execution of his office, according to law. Each sheriff, excepting the sheriff of the county of Providence, shall be authorized to appoint a jailer or keeper of the prison in his county, who shall take the oath herein after prescribed, and shall also give bond in the same manner and for the same sum that deputy sheriffs are by this act required to; and the appointing of said jailer shall be in like manner under the hand and seal of the sheriff, and recorded as aforesaid.
Sec. 4. The oath of office for all sheriffs, for the deputy sheriffs and jailers, shall be in form following, to wit: I
do solemnly swear (or affirm) that I will faithfully execute all lawful processes issued under the authority of the state of Rhode Island and Providence Plantations, and to me directed and delivered, and true returns make ; and in all