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An Act declaring Towns to be Bodies Corporate, and prescribing the manner of recovering debts due from Towns.

SECTION

1. Towns, bodies corporate.

2. Towns may make by-laws, inflict fines, &c.

3. Moderator to preside at all town meetings; if absent, a moderator pro tempore to be appointed.

4. Disorderly behavior in town meeting
how punished.

5. Moderator to put all questions to vote.
6. Moderator to receive all votes.
7. Quorum of town meetings.
8. Towns may assess and collect taxes.
9. No tax to be ordered unless named in
warrant for town meeting, nor town's
land sold-town clerk to issue war-
rant for town meetings.

10. Town treasurer to issue warrant for
town meetings if town clerk be dead.
11. Town clerks to cause town meetings

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It is enacted by the General Assembly, as follows:

SECTION 1. The inhabitants of each town are hereby declared to be a body corporate, and as such may commence and prosecute any suit or action, in any court proper to try the same, and may also defend any suit or action commenced against them.

SEC. 2. Each town shall be and is hereby fully empowered to make and ordain all such acts, laws and orders for the well ordering, managing and directing of all the prudential affairs of such town as shall seem most conducive to the welfare and good order thereof; and to inflict fines and penalties for the non-observance of the same, not exceeding ten dollars, or more than one month's imprisonment, for any offence: provided, that all such acts, laws and orders are not repugnant to the constitution or laws of this state.

SEC. 3. In all meetings of the electors of each town, the moderator of the town shall preside, if present; when he shall be necessarily absent, the town may elect a moderator pro tempore; the town clerk, and in his absence the town treasurer, presiding in such election. Moderators shall have power and authority to manage and regulate the business of each meeting, and to maintain peace and good order therein.

SEC. 4. If any person shall conduct himself in a disorderly manner in any town meeting, the moderator may order him to withdraw from the meeting, and on his refusal may order the town sergeant or any constable present, or any other persons, to take him from the meeting, and to confine him in

some convenient place until the meeting shall be adjourned; and the person so refusing to withdraw shall for each offence forfeit a sum not exceeding twenty dollars, to the use of the town.

SEC. 5. The moderator of every town meeting shall, on a motion being made and seconded relative to any business regularly before such meeting, after having heard all the electors entitled to vote thereon who shall be desirous of being heard, cause the votes of such electors present to be taken thereon.

SEC. 6. In all town elections and on all questions to be decided by ballot, the votes shall be received by the moderators or wardens, and by no other person; and like proceedings shall be had in such cases and in all town meetings, as far as may be, as are prescribed in the twenty-third and thirtieth sections of the act entitled "an act to regulate the election of civil officers."

SEC. 7. When the inhabitants of any town do not exceed three thousand by the last preceding census, seven electors at least shall be necessary to constitute a legal town meeting; and where the inhabitants of any town shall exceed that number, fifteen electors at least shall be necessary to constitute such meeting; and all doings relating to town affairs shall be decided by a majority of the votes of the electors present entitled to vote on the question.

SEC. 8. The electors of each and every town who are entitled to vote on any proposition to impose a tax shall have power and authority, when legally convened, to make such acts and laws in their towns for the raising such sums of money only as shall be by them thought needful for the defraying the necessary incidental charges and expenses thereof, or paying the town debts, by a tax on real or personal estate or both; but no poll tax shall be levied or collected for any purpose whatever; and any town may include the said town's proportion of any state tax which may be assessed, in the assessment of such town tax, and pay the same out of the town treasury, provided the same shall be voted at a legal meeting of the said electors of such town.

SEC. 9. No vote shall be passed in any town meeting concerning the disposing of the town's land or making a tax, unless mention be made, and notice thereof given in the warrant given out for the warning of such meeting; and the town clerk of each town shall grant such warrant, unless in cases where the law otherwise directs; which warrant shall be di

rected to the town sergeant or to either of the constables of the town.

SEC. 10. Whenever any town clerk shall be removed by death or otherwise, the town treasurer of such town shall issue his warrant to warn the electors to assemble in town meeting, to choose a town clerk in the room of him so removed, which warrant shall be directed as aforesaid.

SEC. 11. It shall be the duty of each town clerk to cause the electors of their respective towns to be notified of any town meeting which shall be prescribed by law, and also of all other town meetings which shall be legally called: whenever seven of the electors of any town consisting of less than three thousand inhabitants, or whenever fifteen of the electers of any town consisting of more than that number, shall make a request in writing for the calling of a town meeting, to transact any business relating to such town, in respect to which they shall have a right to vote, and direct the same to the town clerk, it shall be the duty of such town clerk to cause the electors to be notified of the time and place when and where the same is to be holden, and of the business proposed to be transacted therein: the notice to the electors to meet in town meeting, when prescribed by law, shall be given by the said town clerk issuing his warrant, directed to the town sergeant or one of the constables of such town, requiring him to post up written notifications in three or more public places in such town, of the day for said meeting to be holden, and of the business required by law in such meeting to be transacted; the notice of meetings when called by request as aforesaid, shall be given by the town clerk issuing his warrant, directed to the town sergeant or constable, requiring them to give personal notice to the individual electors of such town entitled to vote on the business to be then transacted, of the time when and the place where said meeting is to be holden, and of the business therein to be transacted: provided, always, that it shall and may be lawful for any town to prescribe by law any other mode for warning the electors of their respective towns, to convene in town meeting, any thing herein to the contrary notwithstanding.

SEC. 12. Any town clerk who shall neglect or refuse to issue a warrant as directed by this act, and each town sergeant or constable who shall neglect or refuse to serve the same, as herein required, shall severally forfeit for each neglect, fifty dollars; to be recovered by an action of debt, one half to the use of the town and the other half to the use of the person who shall sue for the same.

SEC. 13. Every person who shall have any money due to him from any town, or any demand against any town for any matter, cause or thing whatever, shall take the following method to obtain the same, to wit: such person shall present to the electors of such town who are entitled to vote on any proposition to impose a tax, when legally assembled in town meeting, a particular account of his debt or demand, and how contracted; which being done, in case just and due satisfaction is not made him by the town treasurer of such town, within one month after the presentment of such debt or demand aforesaid, it shall be lawful for such person to commence his action against such town treasurer for the recovery of the same; and upon judgment obtained for such debt or demand, in case the town treasurer shall not have sufficient of the town's money in his hands to satisfy and pay the judgment obtained against him, and the charges expended in defending such suit, upon application made by such town treasurer to any justice of the peace of such town, such justice shall grant a warrant to the town sergeant of such town, requiring him to warn the said electors of such town to hold a town meeting, at such time and place as shall be appointed, for the speedy ordering and making a tax, to be collected for the reimbursement of such town treasurer; and in case such town, upon due warning given them, shall not take due and effectual care to reimburse, pay or satisfy such town treasurer, such money, costs and charges by him expended or recovered against him, upon information or complaint thereof by him made to the next general assembly, such order shall be given therein for the said treasurer's reimbursement, with allowance for all incidental costs, charges and trouble occasioned thereby; and such town shall be fined, at the discretion of the general assembly.

SEC. 14. The city of Providence shall continue to have and exercise all the powers and privileges, except the power of passing by-laws or regulations in relation to the going at large in said city of horses, neat-cattle, sheep, hogs, goats and geese, and to be subject to all the duties and privileges, mentioned in the act entitled "an act to incorporate the city of Providence," and in the several acts specially relating to said city.

SEC. 15. Each town shall continue to have and exercise all the powers and privileges, except the power of passing by-laws or regulations in relation to the going at large within said town of horses, neat-cattle, sheep, hogs, goats and and be subject to all the duties and liabilities, conferred, or im

geese,

posed upon it by the several acts of the general assembly specially relating to it, until the same shall expire by their own limitation, or shall be repealed.

SEC. 16. All the powers and privileges which have been conferred by the general assembly on any district or village situated in any town or towns, except the power of passing by-laws or regulations relative to the going at large within said district or village of any horses, neat-cattle, sheep, hogs, goats or geese, and all duties and liabilities imposed on such village or district, shall be had or exercised by such district or village, until the same shall be repealed or shall expire by their own limitation.

SEC. 17. All the powers, privileges and duties which have been conferred or imposed by the general assembly on any officers appointed by said city of Providence, or by any town, or by the town council of any town, or by any village or district, shall be held and exercised and performed by such officers and by their successors duly appointed, during their continuance in office, so long as the acts of the assembly confering or imposing them shall be in force.

SEC. 18. Each and every town may authorize and empower any person appointed by them to superintend the erection of chimneys and the placing of stoves and stove pipes, to take and use such measures as the said towns shall respectively deem effectual for the removal or for the prevention of the erection of any chimneys, or the placing of any stoves or stove pipe, so as to endanger any building being set on fire by means thereof.

An Act in relation to the Election and Duties of Town Officers.

SECTION

1. What officers shall be elected annually. 2. When justices of the peace may be chosen-for what term, &c.

3. Proceedings in case a ballot is demanded-order in which certain officers shall be elected.

4. Names to be numbered in certain cases. 5. Town meeting may be adjourned for election of town clerk, &c.-town council may elect certain officers in case, &c.

6. Term of office-vacancies how filled. 7. Quorum of town council.

8. Powers of council.

SECTION

11. Assize of bread may be regulated by council.

12. Bonds to council in what form to be
given.

13. Town clerk to be clerk of council-
council may appoint pro tem.
14. Town clerk may appoint a deputy.
15. Same subject.

16. Town council may appoint a town clerk
pro tem. in certain case.
17. Penalty on surveyor of highways for
refusing to serve.

18. Penalty on town sergeant-overseers

assessors.

19. Town sergeant, &c., to give bond.

10. Ordinances of council to be published 20. In case of death, &c., of collector,

9. Same subject.

or notified.

successor to have same power.

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