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of the bottom; and that the basket shall be well heaped, to be and also sealed by the sealer of weights and measures of seated. the town where the person so using the same shall usually reside, or of the town where such coal shall be so measured for sale ; and every person who shall measure char- Penalty coal offered for sale in any basket of other dimensions than as aforesaid, or not sealed as aforesaid, shall forfeit and pay for each offence fifty cents, to the use of the poor of the town where such coal shall be so measured for sale, and such basket shall be forfeited.
Sec. 4. And be it further enacted, That the town-councils Townin the several towns in this State shall have power to ap-appoint point, as occasion may require, some suitable person or persons to persons to seize and secure within their respective towns, prosecute. all baskets used for measuring coal that shall not be of the dimensions aforesaid, and sealed as aforesaid ; and to prosecute such person or persons as shall be guilty of a breach of this act: Provided however, That no person shall proviso. be obliged to measure charcoal where the quantity shall be agreed on by the buyer and seller.
Sec. 5. And be it further enacted, That all forfeitures ac- Forfeitcruing under this act shall be recovered by action of debt, ures, how
recovered. before any court of competent jurisdiction ; one half thereof to and for the use of the person suing for the same, and the other half to and for the town wherein the offence is committed.
Sec. 6. And be it further enacted, That any sealer of penalty weights and measures in any town in this State, who for fraud shall seal any basket not being of the lawful dimensions, shall forfeit and pay, on conviction thereof, the sum of five dollars, to be sued for and recovered in an action of debt by the town-treasurer of the town, in any court of competent jurisdiction.
'13 '17 '22.
An act for the preservation of Stakes and Buoys within the 1794, 1800
waters of this State, and for other purposes. Section 1. Be it enacted by the General Assembly, and by Penalty the authority thereof it is enacted, That each and every farno owner, and each and every person having the charge of stakes, &e. any vessel, scow, boat, shallop or raft of any kind, which shall be hereafter made fast to any stake or buoy which hath been or shall be placed at the expence of the United States, for the security and direction of vessels, either in
In Provi. Providence river, or in any part of Narraganset bay, or dence rive the waters thereof, north of Kinnimicut point, or in War
ren river, and each and every person who shall in any Kinnimic way injure or destroy any of the said stakes and buoys plac
ed as aforesaid, shall forfeit and pay a sum not exceeding ten dollars, nor less than three dollars, to be recovered by an action of debt, two thirds thereof for the use of the United States, in order to replace such stake or buoys, and
the other third to the informer who shall prosecute for Where re- the same; and that for any offence aforesaid committed covered, in Providence river, or in any part of Narraganset bay, or
the waters thereof north of Kinnimicut point, the prose-
be had, tried and determined before any justice of the peace in the county of Bristol, and the part of the forfeiture belonging to the United States as aforesaid, for such offence, shall be paid to the collector of the district of Bristol ; and all forfeitures that may accrue under this section shall be prosecuted for within the term of six months.
Sec. 2. And be it further enacted, That every person who Kinnimi- shall hereafter make fast any ship, vessel, scow, boat, canoe,
shallop or raft of any kind, to the buoy on the shoal south of Kinnimicut, or the stakes on said point, or to the flag-staff on the half-way rock, or stakes which have been or may be placed at the mouth of Bristol harbor, or to any of the moorings of said buoys, he or they so offending, or the master or owner of such ship, vessel, scow, boat, canoe, shallop or raft, shall forfeit and pay a sum not exceeding twenty dollars, nor less than five dollars, to be recovered by action of debt before any justice of the peace in the county where the offence shall be committed, one third thereof to and for the use of the person who shall sue and prosecute for the same, and the other two thirds to be paid to the collector of the customs within whose district the offence
shall be committed, for the use of the United States. Penalty Sec. 3. And be it further enacted, That the captain, ownning ves
er or owners of every ship or vessel that shall, by running sel against, against either of the buoys at the north and south end of
Goat Island, or at the entrance of Bristol harbor near Castle island, or shall otherwise injure the beacon on said
island, or any other buoy placed, or hereafter to be placed, at the expence of the United States, in any of the waters of Narragansett bay south of Kinnimicutt point, or the stakes on said point, or in any way injure, destroy or remove the chains or anchors by which they are or shall be moored, shall forfeit and pay a sum not exceeding thirty-six dollars, nor less than twelve dollars, to be recovered by an action of debt, before any court competent to try the same, in the county where the offence shall be committed, and to be distributed, paid and appropriated in the manner hereinbefore pointed out.
An act to prevent the violation of the Sanctuary of the Dead.
Be it enacted by the General Assembly, and by the au- Penalty thority thereof it is enacted, That if any person or persons
for digging shall secretly dig up any human body, or carry away the human same from any vault or other place in which the same body, &c. may be deposited, or knowingly conceal any such human body aster it shall have been so dug up or carried away as aforesaid, every such person or persons, his or their aiders or abettors, shall, on conviction thereof before the supreme judicial court, or court of general sessions of the peace for the county in which such offence shall have been committed, be fined a sum not exceeding five thousand dollars, nor less than one thousand dollars, and be imprisoned not exceeding six years, nor less than
An act to prevent Hawking and Peddling without licence.
Penalty authority thereof it is enacted, That no person unless li- for pedcensed as hereinafter provided shall hereafter as
a hawk- without er or pedler sell or offer for sale any feathers, indigo, tin- licence. ware, essences, combs, jewelry, books, sewing-silk or paper, or shall carry the same or any of them through or into any town within this State, to be sold or bartered from carts, horses or packs, under the penalty of forfeiting the sum of twenty dollars, to be recovered by an action of debt or information before any justice of the peace or warden, one half thereof to and for the use of the person
who shall sue or prosecute for the same, and the other
half to and for the use of the State. Offenders, Sec. 2. And be it further enacted, That any justice of the
peace or warden shall and may, upon his own view and knowledge, or upon the information and complaint of any one freeholder, issue his warrant to apprehend any person selling or offering for sale any prohibited article as aforesaid, contrary to this act, and to seize the article or articles so offered for sale, and upon trial and conviction of said offence, the article or articles so offered for sale, together with the cart, carriage, horse or pack, upon or in which the same shall have been transported, shall be forfeited to and for the use of the town in which the offence shall be committed; and every person offending shall be further liable to prosecution and conviction, according to the provisions of this act.
Sec. 3. And be it further enacted, That the several towncouncils councils in this State shall be and they are hereby aulicences. thorized and empowered to grant and issue to any such
persons as they may deem suitable, licences for offering for sale and selling in any town or towns in this State, the said articles, in manner aforesaid, upon payment of the sum of twenty-five dollars for each licence by the person applying therefor, which said sum shall in all instances be paid by said town-councils into the general treasury; and every such licence shall continue in force for and during the term of one year from its date, and no longer.
An act authorizing any person prosecuted for a Libel to give the
Truth in evidence. Be it enacted by the General Assembly, and by the authority ment truth thereof it is enacted, That if any person shall be prosecuted given in by indictment or information for writing or publishing, or evidence, causing or procuring to be written or published, or for
aiding or assisting therein, any defamatory libel or libellous matter; it shall be lawful for the defendant, upon the trial of the cause, to give in evidence in his defence, the
truth of the matter contained in the writing or publication Jury may charged as a libel; and the jury who shall try the cause
shall have a right to determine the law and the fact, under the direction of the court, as in other cases.
determine law and fact.
PAY OF SENATORS.-ATTORNIES.-CIDER BARRELS, &c.
An act prescribing the pay of the Senators. Be it enacted by the General Assembly, and by the authori- Pay of ty thereof it is enacted, That the members of the Senate Senators. shall be entitled to receive out of the general treasury, the sum of one dollar and fifty cents each per day for their services; and that this act continue in force for three years from and after the first Wednesday in May, A. D. 1822, and no longer.
An act for imposing and collecting a Tax on the admission of 1798 1822.
Attornies and Counsellors at Law. Be it enacted by the General Assembly, and by the author- Attornies ity thereof it is enacted, That every person who shall here- to pay $20 after be admitted and sworn a counsellor or attorney in mission. any court of record in this State, shall upon his admission pay to the clerk of the supreme judicial court, in the county where he shall be admitted, for the use of the State, the sum of twenty dollars; and on refusal or neglect for the space of ten days to pay the same, shall forfeit the sum of forty dollars, to be sued for and recovered by said clerk, in an action of debt, in the name of the general treasurer, two thirds thereof to the use of the State, and one third thereof to the use of the said clerk.
An act regulating the assize of Cider Barrels, and for other 1798 1822.
purposes. Be it enacted by the General Assembly, and by the authority Assize of thereof it is enacted, That if any cider or cider beer be ex- cider barposed to sale in this State, in any cask containing less than thirty-one and an half gallons, the same together with the cask shall be forfeited, the one half to him who will Penalty. inform or sue for the same, and the other half to the use of the State, to be recovered before any court proper to try the same : and it shall and may be lawful for any jus- How retice of the peace in the several counties, on complaint or covered information to him made, to issue his warrant for seizing and securing any cask and liquor declared to be forfeited by this act.