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shores of the public waters of this state, notwithstanding the provisions of this act, or any letting of the said shores as a private oyster ground.

Passed May session, 1844.

An Act in amendment of an act entitled "An Act for the preservation of Oysters and other Shell Fish within this State."

SECTION 1. Oyster fisheries in the ponds in Charlestown exempted from the provisions of the amended act.

It is enacted by the General Assembly, as follows:

SECTION 1. The oyster fisheries in the ponds lying in the town of Charlestown are hereby exempted from the operation and provisions of the third, ninth, tenth, eleventh and twelfth sections of the act aforesaid, passed at January session, 1844.

Passed May session, 1844.

Resolved, that the medicines necessary for the use of the convicts in the state prison shall in future be purchased by the warden on account of the state, and be delivered by him to the attending physician, to be used as may be necessary; and no charge to the state for medicine hereafter by any other person shall be allowed.

Passed January session, 1844.

An Act in relation to the Cells in the State Prison, and in relation to the Jail in the county of Providence.

SECTION

1. Unoccupied upper cells in state prison may be used as part of county jail, for

SECTION

the confinement of persons on criminal process.

2. Repeals former act on same subject.

It is enacted by the General Assembly, as follows:

SECTION 1. The unoccupied upper cells in the state prison may, at the discretion of the warden of the prison and keeper of the jail in the county of Providence, with the advice of the inspectors of said prison, be used for the confinement and safe keeping of persons committed to the said jail on criminal process, either before or after sentence.

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An Act in relation to Petitions for Acts of Incorporation.

SECTION

1. Petitions for acts of incorporation, except for certain purposes, to be continued until after the election of a new general assembly.

SECTION

2. Notice to be given of the pendency of such petitions-in what manner and when.

It is enacted by the General Assembly, as follows:

SECTION 1. All petitions that may be presented for any act of incorporation for any purpose, except for religious, literary or charitable purposes, or for a military or fire company, shall be continued until the session next succeeding the next election of members of the general assembly.

SEC. 2. Notice of the pendency of such petition shall be given by advertisement thereof in some newspaper printed in this state, for three weeks next after the rising of the general assembly at the session at which the said petition may be preferred; and in such other manner as may in each case be prescribed by the general assembly.

Passed January session, 1844.

An Act in addition to the several acts relating to Public Schools.

SECTION

1. School districts authorized to purchase, hire, build and furnish school houses and yards.

2. Mode of calling meeting of school districts.

3. Inhabitants of school districts qualified to vote for a tax or on the expendi

SECTION

ture of money, may at regular meetings appoint chairman and clerk, and order a tax and carry into effect powers conferred by section one.

4. Taxes how to be assessed and collected.

It is enacted by the General Assembly, as follows:

SECTION 1. Every school district is hereby authorized and empowered to purchase, receive, hold and convey land for the site and yard of a school-house for the district; to build, hire and repair school-houses, and to supply the same with furniture, blackboards and other appendages and accommodations; and to make all necessary provision for the preservation and use of the property of the district; and for these purposes to hold meetings from time to time in some suitable place in the district.

SEC. 2. Until the inhabitants of a district shall prescribe some other mode for calling the same, the meeting of a school district shall be called by the school committee of the town or district in which such district is situated, by setting up a notice of the time, place and object of the meeting in three public places in the district, at least ten days previous; and it shall be the duty of said committee to call a meeting at any time on the written request of any five legal voters of the district.

SEC. 3. At any meeting duly notified, the inhabitants of the district qualified to vote for a tax or on the expenditure of money in the town in which such district is situated, shall have power by a major vote to appoint a chairman and clerk for the time being; to adjourn from time to time; to vote a tax on the district for the purposes specified in the first section of this act, and to appoint assessors and a collector of the same; to appoint one or more persons to superintend the purchase, building, furnishing and repairs of the school-house, and the proper use and preservation of the building; and to do any thing else which may be necessary to carry into effect the provisions of this act.

SEC. 4. Whenever a tax shall be voted in the district, the same shall be levied on all the real estate situated therein, and upon the personal property of all persons residing in the district at the time of voting such tax: and such tax shall be apportioned and assessed according to the tax bill of the town to which the district belongs, last completed or next to be completed, as the district may direct; and the assessors and collector appointed by the inhabitants shall have the same powers, and proceed in the same manner, in assessing and collecting the district tax, as the assessors and collector of a town tax.

Passed January session, 1844.

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PRISONERS' BOARD. FISHERY.

t in relation to the board of Prisoners.

board of prisoners fixed at one dollar twenty-five cents.

the General Assembly, as follows:

541

of the several jails shall hereafter be allowed
twenty-five cents a week for the board of all
d in their respective jails.
session, 1844.

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hdment of an act entitled "An Act to regulate he Fisheries in Palmer's River."

awn in said river by
he state on all days,

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SECTION

2. Part of second section of amended act repealed.

It is enacted by the General Assembly, as follows:

SECTION 1. Said act is so far amended as that all persons who are inhabitants of this state may set or draw seines or nets in said Palmer's river, above Kelly's bridge, on every day in the week except Sunday, from the rising to the setting of the sun on those days.

SEC. 2. So much of the second section of said act as is inconsistent herewith is repealed.

Passed May session, 1844.

THE FOLLOWING ACTS WERE PASSED AT JUNE SESSION, 1844.

An Act to regulate the taking of Fish in the waters of this State.

SECTION

1. Persons from without state prohibited from taking fish in this state to be car

SECTION

ried away in vessels.
2. Penalties how recovered.

It is enacted by the General Assembly, as follows:

SECTION 1. No person living without the state shall take any lobsters, tautauog, bass or other fish, within the harbors, rivers or waters of this state, for the purpose of carrying them from thence in vessels or smacks; under a penalty of ten dollars for every offence, and a forfeiture of all the fish or lobsters so taken.

SEC. 2. All penalties and forfeitures accruing under this act may be recovered by indictment or complaint before any justice of the peace.

An Act in amendment of an act entitled "An Act in relation to Justices of the Peace."

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It is enacted by the General Assembly, as follows:

SECTION 1. Each and every justice of the peace and warden, whether elected by the general assembly or by any town, shall annually on the first day of the May session of the general assembly, make return in writing to the general treasurer, whether he hath collected any fines due the state during the preceding year, and the amount and circumstances of such fines, if any by him collected; and also if any penalties or costs in any civil or criminal suit or process due the state has been in his hand more than one year before said day, and the amount and circumstances of such penalties and costs; and shall pay over said fines, penalties and costs to said general treasurer.

SEC. 2. Each and every justice of the peace and warden who neglects to make return and pay over such fines, penalties and costs as aforesaid, shall, in addition to an action for the recovery thereof, as herein provided, forfeit and pay the sum of twenty-five dollars, to and for the use of the state; to be recovered by indictment before any court of competent jurisdiction.

SEC. 3. The general treasurer shall communicate to the attorney general the name of every such justice of the peace or warden who neglects to make return as aforesaid.

SEC. 4. The general treasurer shall forthwith commence an action against each and every delinquent, for the recovery of the fines, penalties and costs aforesaid; and such delinquent shall be liable to pay all costs of suit, whether he hath collected any such fines, penalties and costs, or not.

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