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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 bę 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 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 after 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.
SECTION 1. Be it enacted by the General Assembly, and by the 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
Offenders, how convicted.
Towncouncils may grant
who shall sue or prosecute for the same, and the other half to and for the use of the State.
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 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
On indict- 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.
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.
councils to fix the places.
An act for the erection and support of Guide-Posts upon the
SECTION 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, That it shall be the duty of the several towns in this State, except New-Shoreham and Jamestown, at all times to keep erected, and in good repair, such guide-posts upon all public roads, at such places and in such manner, as is hereinafter provided.
SEC. 2. And be it further enacted, That the town-councils of the several towns in this State, except as is before excepted, be and they are hereby authorized and required, from time to time, to fix and determine upon such places, at the corners and angles of all roads in the several towns aforesaid, at which the said guide-posts shall be erected and kept, as in their judgment shall be found necessary and convenient, and shall cause a fair record thereof to be entered and kept among the records of the town.
SEC. 3. And be it further enacted, That the guide-posts to be erected and kept in pursuance of this act, shall be constructed in manner following, that is to say: there shall be erected at the several corners or angles of the roads aforesaid, at such places as shall be ordered by the town-councils aforesaid, a substantial post, of not less than eight feet in height, upon the upper end of which shall be placed a board or boards, upon each of which boards shall be plainly and legibly painted, the name of the next town, with such other noted town or place as may be judged most expedient for the direction of travellers, to which each of the roads may lead, together with the distance or number of miles to the same; and also the figure of a hand, with the forefinger thereof pointing towards the town or place, to which the said roads may lead: ProvidProviso. ed however, That the inhabitants of any town may agree upon some suitable substitute in the room of said guideposts, and appoint any proper person or persons to superintend the erection and support of the same.
for not erecting.
fixing the places.
SEC. 4. And be it further enacted, That if any town aforesaid shall neglect or refuse to keep at all times erected and maintained, said guide-posts, in such places and in such manner as is herein provided, such town so neglecting or refusing shall forfeit and pay, to the use of the State, three dollars for every month which it shall so neglect or refuse and if the town-council of any town as aforesaid shall neglect or refuse to fix and determine up
on proper places in such town, at which the said guideposts shall be erected and kept, the said town-council shall forfeit and pay, to the use of the State, five dollars for every month which they shall so neglect or refuse; How resaid forfeitures to be recovered by indictment of the grand covered. jury, in the county where the offence may be committed.
SEC. 5. And be it further enacted, That if any person Penalty shall injure, mar or deface any guide-post, or its substitute for defacagreed upon as aforesaid, or board which shall be set up, as is in this act provided, and be convicted thereof before any justice of the peace within this State, (who is hereby empowered to try the same,) such person so convicted shall forfeit and pay a sum, not more than ten dollars, nor less than five dollars, to be recovered by action of debt, one half to the complainant, and the other half to the use of the town in which such guide-post, or its substitute, so injured, marred or defaced, was set up, and shall pay all costs of prosecution.
An act to protect Horses and other Beasts from unreasonable
Be it enacted by the General Assembly, and by the authority Penalty thereof it is enacted, "That if any truckman, stage-driver, for abusteamer or other person who may have the care of any &c. horse, ox or other beast or beasts, or shall be driving any truck, cart, wagon, coach, or other carriage, in which may be harnessed or yoked any horse, ox or other beast; or if any other person shall, with a whip, stick or other instrument strike or beat said beast or beasts beyond what may be reasonable for their proper subjection and management; or shall excessively load any such beast, he or they so offending shall, on conviction before any one How reor more justice of the peace in the town where the offence covered. is committed, pay as a fine a sum not exceeding twentydollars, at the discretion of said justice, to be recovered by action of debt, to the use of the town in which such offence is committed.