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state, and to the marriage of any such child, in place of the consent of the parent or guardian, as required by law.

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SEC. 4. All powers by this act conferred upon a exercised. corporation shall be exercised through such officers, board of managers, committee or agent as the corporation may from time to time by general or special vote direct.

CHAPTER 633.

AN ACT IN AMENDMENT OF CHAPTER 145 OF THE PUBLIC Passed April 29, STATUTES, "OF FREE AND COMMON OYSTER FISHERIES."

It is enacted by the General Assembly as follows:

1887.

SECTION 1. Section 5 of chapter 145 of the Public Taking oysters Statutes is hereby amended so as to read as follows:

in Point Judith ponds;

"SEC. 5. Nothing in section 4 of chapter 145 of the Public Statutes shall be so construed as to prevent any citizen of this state from taking oysters in Point Judith ponds, in South Kingstown, by a certain instrument long used in said ponds, known by the name of an under-rake, and described as follows: the handle of said rake being fifteen to twenty feet in length, the head from one to two feet in length, filled with iron teeth from six to ten inches in length, and mostly used through holes cut in the ice; nor to prevent the taking of oysters in the public waters of this state, with with dredges in dredges, wherever the water at mean low tide is fif teen or more feet in depth: Provided, however, that no such dredges shall be used or operated from any vessel propelled by steam.

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SEC. 2. This act shall take effect from and after its passage, and all acts and parts of acts inconsistent herewith are hereby repealed.

deep water.

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CHAPTER 634.

AN ACT IN AMENDMENT OF AND IN ADDITION TO CHAP-
TER 596 OF THE PUBLIC LAWS ENTITLED "AN ACT FOR
THE SUPPRESSION OF INTEMPERANCE."

[See also, chap. It is enacted by the General Assembly as follows:

639.]

Manufacture

and sale of intoxicating

liquors prohibited.

Words "intoxito include what.

cating liquors"

Of sales for medicinal pur poses.

SECTION 1. Section 1 of chapter 596 of the Public Laws is hereby amended so as to read as follows:

"SECTION 1. No person shall manufacture or sell or suffer to be manufactured or sold, or keep or suffer to be kept on his premises or possessions or under his charge for the purpose of sale, any ale, wine, rum or other strong or malt or intoxicating liquors, or any mixed liquors, a part of which is ale, wine, rum, or other strong or malt or intoxicating liquors, unless as hereinafter provided. Wherever the words intoxicating liquors shall be used in this act it shall be deemed to include ale, wine, rum, or other strong or malt liquors, or any mixed liquors a part of which is ale, wine, rum, or other strong or malt liquors, or any liquor or mixture of liquors which shall contain more than two per cent. by weight of alcohol; but no provision of this act shall be construed to permit the sale of any liquor or mixture of liquors which shall contain less than two per cent. of alcohol, if the same shall be intoxicating."

SEC. 2.

Section 4 of said chapter 596 is hereby amended so as to read as follows:

"SEC. 4. Sales of liquor for medicinal purposes under authority of section 3 of this act, shall be made only upon and in accordance with a written prescription or prescriptions from a medical practitioner residing in this state, but no such liquor shall be sold to a minor without a written request from his parent or For mechanical guardian, and sales of liquor for mechanical or artistic. purposes shall be made only upon receipt of a written statement signed by the party purchasing, of the particular use to which the same is to be applied; Provided, that nothing in this act shall be construed to prevent the sale by registered pharmacists and others of flavoring extracts and essences, similar to those

or artistic purposes.

Flavoring extracts, etc.,

excepted.

(Continued.)

Copies of pre

scriptions, etc., to chief of state

be delivered police, etc.

heretofore in common use, or the sale by registered quor law. pharmacists or registered assistant pharmacists of wine for sacramental purposes, and of the liquors mentioned in section 1 of this act, to physicians and pharmacists for use in their profession or business, and sworn copies of all said prescriptions, written requests and written to statements upon which sales of liquor are made under the provisions of this section, shall be, by the persons making said sales, delivered to the chief of state police, hereinafter named, on or before the tenth day of January, April, July and October in each year, and shall be inspected by the chief of the state police and shall be by him preserved on file in his office for one year thereafter, and be open to the inspection of any of the officers mentioned in section 38 of this act. No such prescriptions, written requests, or written statements, shall authorize more than one such sale to be made thereon. All such prescriptions, written requests Prescriptions, and written statements shall be personally signed by signed, etc. the subscriber with his full christian name and surname, and shall be truly dated, and no liquor shall be sold or delivered by virtue thereof at any time after ten days from such date."

etc., how

on appeals.

SEC. 3. Section 32 of said chapter 596 of the Public Laws is hereby amended so as to read as follows: "SEC. 32. Upon appeal the appellant shall be re- of recognizance quired to give recognizance in the sum of three hundred dollars with good and sufficient surety in every case so appealed, with condition that he will file his reasons of appeal in the court appealed to at least five days before the sitting of said court, that he will appear before said court and there prosecute his appeal with effect, and abide or perform the order or sentence of said court in said case, and that he will not during the pendency of such appeal violate any of the provisions of this act; which recognizance such district court shall forthwith certify to said court of common pleas."

SEC. 4. Section 35 of said chapter 596 of the Public Laws is hereby amended so as to read as follows:

"SEC. 35. All cases of appeal under the provisions of this act from the judgment or sentence of a district court, and all questions arising under the same, or

Attorney-genappeals, etc.

eral to conduct

Liquor law.
(Continued.)

Costs.

Sheriffs, etc., te constitute a state police.

Duties of.

under any complaint and warrant made under the pro-
visions of this act, shall, in the court of common pleas,
or in the supreme court, be conducted and argued by
the attorney-general in behalf of the state. No costs
in any such case shall be remitted or reduced."

SEC. 5. Section 38 of said chapter 596 is hereby
amended so as to read as follows:

"SEC. 38. The chief of state police, hereinafter named, and the sheriffs of the several counties and their deputies, and the town sergeants, constables, police constables, chiefs, captains, lieutenants and sergeants of police, special constables appointed under [See chap. 639.] section 36 of this act, and deputy chiefs of police of the several towns and cities shall constitute a state police, and it shall be their duty to see that the laws of the state are observed and enforced within their respective counties and towns, and it shall be their special duty to use their utmost efforts to repress and prevent crime by the suppression of all liquor shops, gambling places and houses of ill-fame, and they shall do so upon the written request of any resident taxpayer, and they may command aid in the execution of the authority herein conferred. Every sheriff, chief of police, and town sergeant shall on the first Monday in January and May in each year make a written report to the chief of the state police, stating all the proceedings of himself and his deputies under this act since Penalty for neg. the time of his last report. Any member of the state

To make written report.

leet or refusal

of duty.

Powers of obief of state police.

police who shall wilfully neglect or refuse to perform
the duties imposed by this section shall be fined not
exceeding five hundred dollars, and be thereafter ren-
dered incompetent to be again appointed or elected to
any such position."

SEC. 6. Section 42 of said chapter 596 is hereby
amended so as to read as follows:

"SEC. 42. The chief of the state police shall have and exercise all the powers of constables, special constables, sheriffs, chiefs of police and other members of the state police in the enforcement of the criminal laws of the state, and his powers shall extend throughout the state. He may from time to time designate in writing not exceeding ten members of the state police, none of whom are for the time being in the receipt of [See chap. 639.] an annual salary or weekly or daily pay from any

Appointment

and powers of special deputies.

3

(Continued.)

Each Compensation

of special depu

ties.

county, town or city, or fire district, for service outside Liquor law. of such county, town, city or district, for a period not exceeding ten days, and the members of the state police so designated shall during so much of said period as shall be required by the chief of the state police, perform in any county, city or town, under his orders and instructions, the duties imposed on the state police by the Public Statutes and by the Public Laws. person so designated as aforesaid shall receive as com pensation for such services the sum of three dollars for each day he shall be actually employed as aforesaid, not exceeding ten days during any month, and shall be allowed his necessary expenses not exceeding two dollars for any one day, and such sums shall be paid upon the order of the state auditor by the general treasurer out of any money in the treasury not otherwise appropriated; but such order shall not be made until the person performing such service shall produce his claim therefor in writing, in form satisfactory to said auditor, sworn to by such claimant and certified and approved by the chief of the state police."

SEC. 7. Section 44 of said chapter 596 is hereby amended so as to read as follows:

chief;

"SEC. 44. The chief of the state police shall on the Reports of first Tuesday in February and on the last Tuesday in May, report in writing to the general assembly his doings under this act, with such recommendations as he may deem proper, and he may require all members of the state police to make written reports to him from time to time on blanks furnished by him. The chief of of sheriffs, etc. the state police shall append to his said reports the full reports of the sheriffs of the several counties, the chiefs of police, and town sergeants required by section 38, also the names of all other members of the state police. who have reported to him as aforesaid, and also an abstract of the reports made to him by such other members of the state police."

SEC. 8. Section 47 of said chapter 596 is hereby amended so as to read as follows:

"SEC. 47. No member of the state police complain ing on account of the violation of any of the provisions of this act or of any act in amendment hereof or in addition hereto, shall be required to enter into recog

Members of liable for costs,

state police not

etc.

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