one general-treasurer; and the freemen at said townmeetings in April may put in their votes for such officers, as well as for a governor, lieutenant-governor and sen ators. SEC. 14. And for the better regulating the several townmeetings to be holden on the third Wednesday in April annually: give copies Be it further enacted, That the moderator of each town- Voting meeting in this State shall receive all the votes of the regulated. freemen legally qualified, and no other person shall receive any votes on that day; and that no person shall vote for general officers until the choice of representatives be over, and then the freemen shall, one by one, in their own proper persons, deliver their votes to the moderator, who shall forthwith publicly declare the name of the person voting, and shall cause the town-clerk to enter and keep a fair register of the names of all persons who shall vote for general officers; and that the town-clerk shall, before the sealing up of the votes, carefully compare them with the list he hath taken, and return a true and exact copy of the same to the next succeeding general election; certifying also what number of votes were put in for each of the candidates for the office of governor; and that the Townsaid original list shall be lodged in the town-clerk's office, clerks to and copies thereof shall be granted to any freeholder in of the list this State who shall desire the same, paying therefor as of persons for other copies taken out of said office; and the town- desired. clerk shall examine the records for any freeholder desiring the same, and certify the estate or qualifications of Also cerany of the persons who voted or put in their votes in said tificates of election, being paid therefor by the person desiring the fication of same, as for searching the records and granting certifi- voters. cates upon any other occasion: and that if any town-clerk shall wilfully neglect or refuse to do his duty herein, he Penalty shall forfeit and pay the sum of sixty dollars, and shall, for refuzupon conviction thereof, upon a bill of indictment, be rendered incapable for ever thereafter of sustaining any office in this State: and that all the aforementioned forfeitures in this act may be recovered by an action in any court of record in this State proper to try the same; one half whereof shall be to and for the use of him who shall inform and sue for the same: Provided always, that all Forfeitprosecutions for any forfeitures accruing under this act, sued for. shall be commenced within one year next after such forfeiture shall have accrued, and not afterwards. voting, if the quali al. ures, when Manner of voting. Votes to SEC. 15. And be it further enacted, That every person who shall vote for general officers, shall have his name written at length on the back of his vote, at the time of delivering in the same; and that the names of all the of ficers voted for, shall be put upon one single piece of paper; and all votes so taken shall be in open town-meetup and de- ing sealed up by the town-clerk, and by him delivered to a senator or one of the representatives of such town, and shall be by him delivered to the governor, or in his absence to the lieutenant-governor, in open assembly, before the election proceeds. be sealed livered to the gov ernor. Officers to in grand SEC. 16. And be it further enacted, That all business of be chosen the annual general election shall be done and transacted by the general assembly in grand committee, and not in separate houses. commit tee. Oath of general officers, Qualifica tatives. tatives. To be notified of SEC. 17. And be it further enacted, That all general officers shall take the following engagement before they act in their respective offices, to wit: You being by the free vote of the freemen of this state of RhodeIsland and Providence Plantations, elected unto the place of do solemnly swear (or affirm) to be true and faithful unto this State, and to support the constitution of the United States; that you will faithfully and impartially discharge and perform all the duties incumbent on you in your aforesaid office, according to the best of your abilities and understanding, according to law: so help you God! or this affirmation you make and give upon peril of the penalty of perjury. SEC. 18. And be it further enacted, That no person shall tions of be elected to the place of a representative in the generepresen- ral assembly of this State, unless he be a freeholder in the town for which he shall be elected, and a freeman and Number of inhabitant of the same; and that the respective towns represen- shall elect their number of representatives, as stated in the charter, at the aforesaid town-meetings in April and August; and that the town-clerk of each town shall issue his warrant to the town-sergeants, or any constable of said their elec- town, to warn such representatives as shall be from time tion. to time chosen in each town, to attend the general asAnd their sembly for which they are chosen; and shall make renames re- turn of such representatives chosen as aforesaid to the the Secre- secretary for the time being, on the first opening of the assembly, by giving a copy of the record to one of the representatives, upon the penalty of twenty dollars, to be recovered by the general-treasurer for the use of the turned to tary. Penalty represen fice under vacated. State; and that any representative to whom the copy of the record shall be delivered, be under the same penalty, upon neglect of returning the same: Provided however, Senator or That if any senator or representative in the general as- tative acsembly of this State, shall be appointed to any office un- cepting ofder the government of the United States, and shall accept the U.S. of the same, after his election as such senator or repre- seat to be sentative, his seat shall thereby become vacated. Provided nevertheless, That nothing in this act shall be con- Proviso. strued to prohibit the freemen from electing any person who is duly qualified to hold a seat in the legislature, and who at the time may hold an office under the government of the United States, and who at the time of his taking the oath of office in the legislature, shall have resigned the same; provided he shall declare the same on oath if required. tatives' SEC. 19. And be it further enacted, That every person who shall be chosen to the place of a representative, shall take the following engagement before he shall act therein: You being chosen to the place of represen- Representative in the general assembly, do solemnly swear (or oath. affirm) that you will be true and faithful to this State of Rhode-Island and Providence Plantations; that you will support the constitution of the United States, and that you will faithfully and impartially discharge the duties of your aforesaid office, to the best of your abilities and understanding: so help you God! or this affirmation you make and give upon peril of the penalty of perjury. tative re town SEC. 20. And be it further enacted, That if any person Represenshall be elected a representative, to serve at the session fusing to of the assembly to be holden in May or October, and serve, a shall refuse to serve at the session for which he was meeting to chosen, and shall declare the same to the town-clerk of be called the town where he was chosen, then and in such case the er chosen. town-clerk shall issue a warrant to warn the freemen of such town to meet together and choose another representative, in the place of him who shall so refuse. and anoth tative dy out of the SEC. 21. And be it further enacted, That whenever it shall Represen happen that any representative of any town in this State ing or reshall die, or remove out of the State between the time moving of being chosen and the session of assembly to which he was chosen, or after he shall have taken his engage ment, and attended the session of assembly to which he was chosen, then, and in such case, the town by whom such representative was chosen shall forthwith proceed State, another other to.be All officers missioned. to elect another representative, to serve in the room of him who shall have died, or removed out of the State as aforesaid, in the same manner as is before directed, in cases of refusal to serve after being chosen. SEC. 22. And be it further enacted, That every officer to be com- chosen by the general assembly shall be commissioned by the governor, under the seal of the State, and shall, before he enters upon the duties of his office, take an engagement before a senator, judge or justice of the peace, faithfully to discharge the same, which shall be certified upon his commission by the officer administering the oath Rechosen, or affirmation aforesaid: Provided however, That each officer hereafter rechosen by the general assembly, under the same governor who commissioned him, shall take the engagement aforesaid every time he shall be so rechosen, which shall be certified upon his commission as aforesaid, and that thereupon he shall be authorized and empowered to discharge his said office as fully as if a new commission had been issued. to be Sworn on the old commission, &c. Sheriffs, rechosen one week SEC. 23. And be it further enacted, That every sheriff &c. not and justice of the peace, who shall not be re-elected or may offici- continued in office at the general election, shall be emate as such powered to officiate in their respective offices, and to exafter the ercise all the powers and functions thereto belonging, election. during the space of one week after the first Wednesday of May, unless the persons respectively chosen in their places shall be sooner qualified to act. Officers rechosen may act for ten SEC. 24. And be it further enacted, That all officers of annual appointment who shall be re-elected, shall be authorized to exercise the functions of their respective offidays, &c. ces for ten days after such re-election, without taking any new oath of office. No free man to arrested SEC. 25. And be it further enacted, That during the day mont be on which any town-meeting shall be holden for the choice of town or general officers, or representatives to congress, or electors of president and vice-president of the United States, no inhabitant of any town who is entitled to vote therein shall be liable to arrest on any civil process whatever. on townmeeting day. 1738, '39, An Act to provide for the performance of the duties of the Gov- 1663, 96, ernor in certain cases, and also for regulating the sitiing of 44, 48, the General Assembly. '57, '59, '62, 76, 977, '84 '06, '11, case of the gover &c. SECTION 1. Be it enacted by the General Assembly, and by '98, 1805, the authority thereof it is enacted, That whenever hereafter '14, 22. the office of governor shall be vacant, by reason of no Who shall election being made by the freemen, or by the governor's officiate in death, or resignation, or in case of his absence from the State, or inability to perform the duties and functions of nor's death his office, the lieutenant-governor, for the time being, be and he is hereby authorized, during such vacancy, absence or inability, to perform and execute all the functions and duties which are by law to be performed and executed by the governor; and that in like manner, in case of the death, resignation, absence or inability of both the governor and lieutenant-governor, the senior senator in rank, for the time being, be and he is hereby authorized to perform and execute all the functions and duties which are by law to be performed and executed by the governor: Provided nevertheless, That all officers rechosen dur- Proviso. ing such vacancy, absence or inability, shall take the engagement prescribed by law, which shall be certified upon their respective commissions, by the magistrate administering the same; and that thereupon they shall be and hereby are authorized to take and discharge their respective offices as fully as if new commissions had issued. Governor, assembly SEC. 2. And be it further enacted, That when any emergent &c. may occasion shall require an assembly to be called, at any call the other time than is expressly prescribed by law, the gov-in cases of ernor, or officer executing the duties of governor pursu- emergenant to the preceding section, shall be and he is hereby cy. fully authorized and empowered to issue his warrant to the sheriff of each county, requiring him, in the name of the State, to warn every member of the general assembly within his county, to appear at the time and place mentioned in such warrant, to hold a general assembly; which place shall be set forth in such warrant, to be in the county where the assembly was last holden, unless in Where to the opinion of the governor, or other officer executing the duties of governor as aforesaid, it shall be unsafe for the members there to be convened. be holden. how con SEC. 3. And be it further enacted, That during the session Senate, of the general assembly, the governor, lieutenant-gov- stituted, ernor and senators shall sit apart from the representa- &c. |