CHAPTER 5. OF THE TENURE AND OATH OF OFFICE OF CERTAIN OFFICERS. SECTION 1. Officers of annual appointment, how long to officiate. 2. Justices of the peace and public notaries, how long to continue to officiate. SECTION 3. Same, how long without new oath. 6. Oath of warden, sheriffs and jailers. SECTION 1. All officers annually appointed by the general assembly, except justices of the peace and public notaries, who shall not be reëlected or continued in office, at the annual general election, may continue to officiate until their successors are qualified to act; and all such officers, except justices of the peace and public notaries, continued in office at said general election to a subsequent session of the general assembly, may continue to officiate after such subsequent session, until their successors are qualified to act. SEC. 2. Justices of the peace and public notaries, appointed by the general assembly, and justices of the peace elected by the towns, and not reëlected or continued in office, may continue to officiate for the space of thirty days after the last Tuesday in May in each year. SEC. 3. All such officers who may be reëlected or continued in office, may continue to officiate for the same length of time without taking any new oath of office. SEC. 4. Every officer chosen by the general assembly, justices of the peace chosen by the towns, and every military commissioned officer, shall be commissioned by the governor, and before he enters on the duties of his office, shall take an engagement before a senator, judge, justice of the peace, public notary or town clerk, if no special form of oath be prescribed, to support the constitution and laws of this state, and the constitution of the United States, and faithfully to discharge the duties of his office, which shall be certified upon his commission, by the person administering the engagement. SEC. 5. Every clerk of the supreme court, court of common pleas, or courts of magistrates or justices, shall, before entering upon the duties of his office, take the following oath, viz.: I being appointed clerk of the supreme court, or court of common pleas for the county of or of the court of magistrates or justices for the town or village of (as the case may be,) do solemnly swear, (or affirm,) that I will support the constitution of the United States, and the constitution and laws of this state; that I will truly and faithfully enter and record all the orders, decrees, judgments and proceedings of the said court; and that I will faithfully and impartially discharge all the duties of my said office, according to the best of my abilities and understanding, so help me God; (or, this affirmation I make and give upon the peril of the penalty of perjury). SEC. 6. The warden of the state prison and every sheriff, deputy sheriff and jailer, including the keeper of the jail in the county of Providence, shall, before entering upon the duties of his office, take the following oath :- 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 things, well and truly, and without malice or partiality, perform the duties of the office of warden of the state prison, (or of sheriff of the county of or, deputy sheriff, jailer, or keeper of the jail in the county of Providence, as the case may be,) during my continuance in said office, and take my lawful fees or compensation, only; and I do further solemnly swear (or affirm) that I will support the constitution and laws of said state, and the constitution of the United States; so help me God(or, this affirmation I make and give upon peril of the penalty of perjury). SECTION 1. In the construction of all statutes, the provisions of this chapter shall be observed, unless the observance of them would lead to a construction inconsistent with the manifest intent of the general assembly, or repugnant to some other part of the same statute. SEC. 2. Every word importing the masculine gender only, may be construed to extend to and include females as well as males. SEC. 3. Every word importing the singular number only, may be construed to extend to and include the plural number also; and every word importing the plural number only, may be construed to extend to and embrace the singular number also. SEC. 4. All words purporting to give a joint authority to three or more public officers, shall be construed as giving such authority to a majority of them, unless otherwise expressly declared. SEC. 5. The word "person" may be construed to extend to and include bodies corporate and politic. SEC. 6. The words "insane person" shall be construed to include every idiot, non compos, lunatic and distracted person. SEC. 7. The words "United States" shall be construed to include the several states of this union, the District of Columbia, and the territories to the United States belonging. SEC. 8. The word "town" may be construed to include all cities; the words "town councils" all boards of aldermen; the words "town clerks" all city clerks; and the words "town sergeants" all city sergeants. SEC. 9. The word "land" or "lands," and the words "real estate," may be construed to include lands, tenements and hereditaments, and all rights thereto and interests therein. SEC. 10. The word "oath" shall be construed to include affirmation; the word "sworn" to include affirmed; and the word "engaged" both sworn and affirmed. SEC. 11. The words "month" and "year" shall be construed to mean a calendar month or year, unless otherwise expressed. SEC. 12. When time is to be reckoned from any day, date, or act done, or the time of any act done, such day, date, or the day when such act is done, shall not be included in such computation. SEC. 13. The words "a justice of the peace" may be construed to include a court exercising the jurisdiction of a justice of the peace. SEC. 14. Whenever the seal of any court or public office is required to be affixed to any paper, the word "seal" shall be construed to include an impression of such official seal made upon the paper alone, as well as an impression made by means of wax, or a wafer affixed thereto. SEC. 15. Every act of incorporation shall be so far deemed a public act, as that the same may be declared on and given in evidence, without specially pleading the same. SEC. 16. The repeal of any statute shall in no case affect any act done, or any right accrued, acquired or established, or any suit or proceeding had or commenced in any civil case, before the time when said repeal shall take effect. SEC. 17. No suit, prosecution or indictment, pending at the time of the repeal of any statute for any offence committed, or for the recovery of any fine, forfeiture or penalty incurred under the statute so repealed, shall in any case be affected by such repeal. SEC. 18. The repeal of any statute, shall not be construed to revive any other statute which has been repealed. SEC. 19. Every statute which does not expressly prescribe the time when it shall go into operation, shall take effect on the tenth day next after the rising of the general assembly, at the session thereof in which the same shall be passed. TITLE II. Of the Jurisdiction and Civil Divisions of the State. CHAPTER 7. Of the jurisdiction of the state, and of land ceded to the United States. CHAPTER 8. Of counties. CHAPTER 9. Of towns. CHAPTER 7. OF THE JURISDICTION OF THE STATE, AND OF LAND CEDED TO THE UNITED STATES. SECTION 1. Jurisdiction of the state. SECTION 2. Places ceded to the United States, and subject to concurrent jurisdiction. SECTION 1. The jurisdiction of the state shall extend to, and embrace all places within the boundaries thereof, subject only to such rights of concurrent jurisdiction as have been or may be granted over any places ceded by the state to the United States. SEC. 2. The several places hereinafter named, which have been ceded to the United States, or purchased by them, and over which, concurrent jurisdiction has been granted to the United States, shall continue to be subject to such concurrent jurisdiction, according to the several acts which have been passed in relation thereto, that is to say: A tract of land in Jamestown, ceded in 1793; A tract of land at Watch Hill Point, in the town of Westerly; A tract of land at Point Judith, in the town of South Kingstown; A tract of land near the south end of the island of Conanicut; A tract of land on Goat Island, in the harbor of Newport. An island called Castle Island, at the entrance of Bristol harbor; A tract of land on Poplar Point, in the town of North Kingstown; A tract of land at the north-west point of Block Island; A tract of land on Dutch Island; A tract of land on Warwick Neck, in the town of Warwick; A tract of land on Brenton's Neck, in the city of Newport; A tract of land on the island of Prudence, in the town of Portsmouth; A certain place in the harbor of Newport, known as Lime Rock; A lot of land in the city of Providence, purchased for the erection of a custom-house, post-office, and court rooms; A lot of land at Bristol Ferry, in the town of Bristol; And a lot of land in the town of Bristol, purchased for the erection of a custom-house and post-office. Any lot of land not exceeding ten acres in the town of New Shoreham, purchased by the United States for the site for a lighthouse. SECTION 1. Newport. 3. Washington. CHAPTER 8. OF COUNTIES. SECTION 4. Bristol. 5. Kent. 6. Narragansett Bay, in what county. SECTION 1. The city of Newport, and the towns of Portsmouth, Jamestown, New Shoreham, Middletown, Little Compton, Tiverton and Fall River, shall constitute the county of Newport; and Newport shall be the county town. SEC. 2. The city of Providence, and the towns of Smithfield, Scituate, Glocester, Cumberland, Cranston, Johnston, North Providence, Foster and Burrillville, shall constitute the county of Providence; and Providence shall be the county town. SEC. 3. The towns of South Kingstown, North Kingstown, Westerly, Charlestown, Exeter, Richmond and Hopkinton, shall constitute the county of Washington; and South Kingstown shall be the county town. SEC. 4. The towns of Bristol, Warren and Barrington, shall constitute the county of Bristol; and Bristol shall be the county town. SEC. 5. The towns of East Greenwich, Warwick, West Greenwich and Coventry, shall constitute the county of Kent; and East Greenwich shall be the county town. SEC. 6. All the waters of Narragansett Bay, and the lands and rocks therein, situated to the northward of a line drawn from the mouth of Pawtuxet River to Sabin's Point, shall be deemed a part of the county of Providence, and be within the jurisdiction of said county; and all the other waters of the said bay, shall not be deemed to make part, or be within the sole jurisdiction of any one particular county. |