his costs, and the plaintiff shall have judgment and execution for the part of his debt not so contracted; but if it shall appear that the whole debt arose from such purchase, then the defendant shall have judgment and execution for his costs. SEC. 13. In case any person licensed according to the provisions of this act shall be convicted of keeping a disorderly house, or in case judgment shall be rendered against any such person in a suit on his bond, the town council shall forthwith withdraw and annul his said license; and he shall not be licensed during the two years next following his conviction. SEC. 14. The town clerk of every town is hereby required, annually, within thirty days next preceding the first Tuesday in May, to make return to the general treasurer of the number of licenses granted under this act by the town council of the town of which he is clerk, and of the amount of money demanded and paid therefor, by the persons so licensed; any town clerk neglecting to make said return shall forfeit and pay the sum of twenty dollars for every offence; to be recovered by action of debt by the general treasurer, before any justice of the peace in the county where such neglect shall take place. SEC. 15. Every town council shall pay one half of the money received by virtue of this act to the town treasurer of the town, and the other half, after deducting therefrom two and one-half per cent. for their services in receiving and paying over the same, they shall pay to the general treasurer for the use of the state. The payment to the general treasurer shall be once a year, within the thirty days next preceding the first Tuesday in May. SEC. 16. It shall be the duty of the town councils of every town, on the Monday next following the annual election of town officers in their respective towns, to designate some officer of the town whose duty it shall be diligently to inquire into all breaches of this act, and forthwith to prosecute for the same. An Act appointing the time when the act entitled " An act enabling the town councils in this State to grant Licenses for retailing Strong Liquors, and for other purposes," shall go into effect. SECTION 1. When license act shall take effect. nor prosecutions for breaches, not af fected. 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 courts-banks-insurance companies. 2. Tax when and to whom payable-on counsellors at law. 3. Agent of foreign insurance company to be licensed. SECTION 4. Bank or insurance company neglecting to pay, how collected. 5. Same subject. 6. Act when to take effect. 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 banks, 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 purpose, 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. SECTION 34. Resignations shall be in writing-to whom made, and how approved. How armed and equipped. SECTION Of Drafts and calling the Militia into Ser vice. 55. In case of war, &c., the commander- 35. Non-commissioned officers and pri- 37. Regimental company of artillery to be 38. In time of war, &c., commander-inchief shall equip new levies out of state arsenal. Discipline, Inspection, Training and Re view. 39. System of discipline. 40. Inspection and drill of regimental companies on third Monday in May, annually. 41. Brigade training in September or Oc- 42. Rank of brigades, &c., when in the 45. Arms loaded with ball prohibited on 46. Military duty prohibited on town meeting day, &c. No election of civil officers shall be holden on third Monday of May. 47. Chartered or volunteer company may meet at any time. 48. Orders-general-division-brigaderegimental, and company-by whom distributed. 49. Commander-in-chief may order out whole or part of militia for review, &c. Rolls and Returns. 50. Rolls and orderly book to be kept by 53. Regimental companies to be uniform- 54. Arms, &c., exempt from attachment. 57. 58. 59. 60. 61. 62. 63. In actual service, military to be subject to articles of war, &c. Drafts for the service of the United States to be by lot. Company without officers being ordered to march, &c., officer shall be detailed to command. Officers and men neglecting to repair to rendezvous, &c., shall be punished. In case of riot, &c., in any county or city of Providence, sheriff, &c., may order out militia. Officer to whom order above is directed shall forthwith obey—refusal, to be punished.. Surgeons and Assistant Surgeons. Surgeons, &c., to examine all applicants for certificates of disability, without fee. Any respectable physician may grant a certificate in certain cases. Persons may be exempt on presentation of certificate, not exceeding one year. Of Fines and Penalties of Officers, and the manner of enforcing them. Offences of general, field, commissioned and staff officers and surgeons, shall be punished by courts martial. Fines imposed shall be collected by warrant-imprisonment enforced by 64. 65. 66. 67. 68. mittimus. Other Fines and Penalties. Soldiers guilty of contempt-disobedience-riot, &c., shall be put under guard-may be fined or imprisoned. Fines and penalties in chartered companies to be governed by the charter, &c. Fine for non-attendance brigade training, six dollars-volunteers not included. In case of war, insurrection, riot, &c., soldier neglecting to appear at place of rendezvous, &c., may be fined and imprisoned. Penalty on assessors of taxes, town or city clerk, collector of taxes, town treasurer and town councils, for neglect, &c. How recovered and appropriated. Penalty on house-keepers, &c., refus ing to give information concerning those liable to be enrolled. |